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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
JDV Holdings Private Limited, Represented By The Authorised Representative Mr. Lavanya Jayadev, S/o. Hanumappa M. – Appellant
Versus
State Of Karnataka, Represented By Its Principal Secretary, Commerce And Industries Department – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioners in all these cases seek a direction by issuance of a writ in the nature of mandamus directing the 4th respondent/ Karnataka Industrial Areas Development Board (hereinafter referred to as ‘the Board’ for short) to issue letters of allotment for different measurements of land for setting up industries.
2. Since the issue in the lis is common, as noted hereinabove, though the petitioners are different, the matters are taken up together and considered by this common order.
3. Heard Sri Prabhuling K. Navadgi, learned senior counsel appearing for the petitioner in W.P.No.7218 of 2021; Sri Ajesh Kumar S., learned counsel appearing for the petitioner in W.P.No.11660 of 2021; Sri Deepak Bhaskar, learned counsel appearing for the petitioner in W.P.No.16402 of 2021; Sri Spoorthy Hegde, learned High Court Government Pleader for respondent No.1 in W.P.No.7218 of 2021 and W.P.No.11660 of 2021 and for respondent No.2 in W.P.No.16402 of 2021; Smt. Sukrutha R., leaned counsel for respondent No.3 in W.P.No.7218 of 2021 and W.P.No.11660 of 2021 and for respondent No.4 in W.P.No.16402 of 2021 and Sri K.Shashikiran Shetty, learned Advocate General along with Sri B
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
A concluded contract requires mutual agreement on essential terms, including payment and delivery, without which claims to the land become unenforceable.
The main legal point established is the requirement for the respondents to comply with court orders and re-consider the petitioner's claim in accordance with the law and previous court orders.
The court upheld the board's statutory authority to resume land allocation due to the petitioner's failure to commence construction and comply with lease conditions.
The court ruled that allotment cancellation for non-payment is valid without prior notice, as applicable law requires notice only post-lease execution, which was not applicable here.
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
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