MR HENRY CORNAD FRANCIS BRITTO vs KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(KAR) 6374

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NC: 2023:KHC:36537-DB
WA No. 1224 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9^TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1224 OF 2023 (GM-KIADB)
BETWEEN:

MR. HENRY CORNAD FRANCIS BRITTO,
SON OF N. LATE SEBASTIAN BRITTO,
AGED ABOUT 63 YEARS
RESIDING AT 2-268/3,
BRITTO ESTATE,
S.BRITTO COMPOUND,
MAIN ROAD,
BAJPE, MANGALURU,
DAKSHINA KANNADA,
KARNATAKA – 574 142.
…APPELLANT
(BY SRI. VINAYAK KAMATH K, ADVOCATE)
AND:
1.
KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD,
NO.49, 4TH AND 5TH FLOOR,
EAST WING KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU – 560 001,
REPRESENTED BY
ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
Digitally signed
by AMBIKA H B
Location: HIGH
COURT OF
KARNATAKA

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NC: 2023:KHC:36537-DB
WA No. 1224 of 2023
2.
THE SECRETARY -2 KIADB,
NO.49, 4TH AND 5TH FLOOR,
KIADB EAST WING,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU – 560 001.
3.
THE EXECUTING ENGINEER,
KIADB MANGALORE ZONAL OFFICE,
BAIKAMPADY INDUSTRIAL AREA,
BENGALURU – 575 011.
4.
M/S KGN INDUSTRIES,
OFFICE AT KANIKERE ROAD,
DERALAKATTE,
MANGALURU – 575 011
REP. BY ITS PROPRIETOR
SMT SAIRA PARVEEN,
W/O SYED ISAQ AHMED,
AGED ABOUT 46 YEARS.
…RESPONDENTS

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE ENTIRE
RECORDS IN WP No.7191/2022 (GM-KIADB) ON THE FILE OF
THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT
AND (b) SET ASIDE THE ORDER DATED 07.09.2023 IN WP
No.7191/2022 (GM-KIADB) ON THE FILE OF THE LEARNED
SINGLE JUDGE OF THIS HONOURABLE COURT BY ALLOWING
THE ABOVE APPEAL.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

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NC: 2023:KHC:36537-DB
WA No. 1224 of 2023

This intra-court appeal is directed against a learned

Single

Judge’s

order

dated

07.09.2023

made

fifth

respondent’s W.P.No.7191/2022 wherein the operative portion

of para 3 thereof reads as under:-

“3. In that view of the matter, the writ

petition stands disposed of, placing on

record the memo dated 07.09.2023 filed by

the learned counsel for the respondent-

KIADB. The entire exercise of issuing

possession certificate to the petitioner shall

be considered and granted as expeditiously

as possible and at any rate within a period

of four weeks from the date of receipt of

copy of this order.”

Having heard the learned counsel for the appellant

and having perused the appeal papers, we decline indulgence in

the matter inasmuch as the operative portion of the order

impugned is as innocuous as can be and that the discretion is

left at the hands of the KIADB Authority to take a call on the

subject representation of the writ petitioner in accordance with

law. Admittedly, the appellant herein was not a party; that he

was not either a necessary party or a proper party in the

proceedings in the light of the Apex Court decision in Razia

Begum vs. Sahebzadi Anwar Begum AIR 1958 SC 886.

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We are not impressed by the submission of the

learned counsel appearing for the appellant that his client is an

aggrieved person by virtue of the impugned order which has

only directed, as already mentioned about, the consideration of

representation of the writ petitioner without indicating the line

of such consideration to happen. All contentions are left to the

Authorities at whose hands such consideration should take

place. It is open to the appellant also to put forth his version

before

the

said

Authorities

making

an appropriate

representation accompanied by the supportive material.

With the above observations, the appeal is rejected.

Needless to reiterate that all the contentions are kept open and

that this Court has not recorded any observations on the merits

of the case of the respective parties.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

List No.: 1 Sl No.: 14

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