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2024 Supreme(Kar) 10

M. NAGAPRASANNA
Kamalalayaa Real Estates Llp A Limited – Appellant
Versus
Karnataka Industrial Areas Development Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. SAMMITH S., ADVOCATE)
For the Respondent:SRI. K.SHASHIKIRAN SHETTY, AG A/W., SRI. ASHOK N.NAYAK, ADVOCATE FOR C/R1)

ORDER :

The petitioner is before this Court seeking a writ in the nature of declaration to declare Condition No.4 in the allotment letter issued by the 1st respondent/Karnataka Industrial Areas Development Board (‘the Board’ for short) as ultra vires the Karnataka Industrial Areas Development Act, 1966 (‘the Act’ for short) and has sought quashment of impugned notice issued to the petitioner seeking to cancel the allotment.

2. The facts adumbrated are as follows:-

The petitioner claims to be a limited liability partnership firm incorporated under the Limited Liability Partnership Act, 2008 and is in the business of constructing buildings and establishing software parks. The petitioner desirous of establishment of a software park in the lands coming under the precincts of the Board, applies for allotment of 10 acres of land in Plot No.25-P1 of IT Sector, Hi Tech Defence and Aerospace Park, Bengaluru (hereinafter referred to as the subject property). The State Level Single Window Clearance Committee (‘the Committee’ for short) in terms of its proceedings dated 24-03-2020 recommends

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