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2025 Supreme(Online)(KAR) 7078

HIGH COURT OF KARNATAKA
MS. JUSTICE JYOTI MULIMANI
M/S. GARAGE AND ENGINEERING WORK SHOP ASSOCIATION – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 13594 of 2017



Petitioner Advocates:BHARATH KUMAR V ,Respondent Advocate:GOVT ADVOCATE FOR R1

An order cancelling the allotment of land requires adherence to procedural fairness, specifically issuing notice as per statutory provisions.

Headnote:This judgment discusses the application of Section 34-B of the relevant statutory provisions in the context of quashing an order that cancelled the allotment of land without a proper notice to the petitioner. The court highlighted that the principle of natural justice mandated the issuance of notice before cancellation (Paragraph 5). The court determined that a procedural lapse occurred when the petitioner was not given a chance to be heard. The resulting order is to quash the previous cancellation order, allowing the petitioner to appear before the authority (Paragraph 5). The final result is that the Writ Petition is disposed of.

Table of Content
1. the necessity of issuing a notice before cancellation of allotment. (Para 2 , 3)
2. court's authority to quash orders lacking procedural fairness. (Para 4 , 5)
3. final decision regarding the writ petition. (Para 6)

ORAL ORDER

Sri.Bharath Kumar.V., counsel for the petitioner, Sri.Srinivas Kumar.M., HCGP for respondent No.1 and Sri.P.V.Chandrashekar., counsel for respondents 2 and 3 have appeared in person.

2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 03.03.2017 passed by the second respondent in ¸ÀA.PÉ.L.J.r.©/PÉÃA.PÀ/ºÀAaPÉ/13211/18452/2016-17 vide Annexure-A.

3. Counsel Sri.Bharath Kumar.V., in presenting his arguments strenuously urged that KIADB has cancelled the allotment of plot that was allotted to the petitioner without hearing him. He argued by saying that before passing the order for cancellation of allotment under Section 34-B(4), an opportunity must be accorded for the petitioner under Section 34-B(2). Counsel therefore, submits that an appropriate order may be passed.

Counsel Sri.P.V.Chandrashekar., submits that a detailed statement of objections is filed and the same may be taken note of. Counsel urged several contentions and submits that an appropriate order may be passed.

4. Heard the arguments and perused the Writ papers with care.

5. A perusal of the entire writ papers reveals that before passing an order for cancellation of allotment, 34-B(2) notice is not issued to the petitioner. Hence, this Court deems it proper to quash the order passed by the second respondent at Annexure-A. Accordingly, it is quashed.

The petitioner is hereby directed to appear before the Chief Executive Officer, KIADB - second respondent on 18.02.2025 at 3:00 pm., without awaiting further notice. After appearance of the petitioner, the authority concerned shall proceed further in the matter in accordance with the law.

6. Resultantly, the Writ Petition is disposed of

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