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2025 Supreme(Online)(Kar) 440552

THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
SRI M GOPINATH – Appellant
Versus
THE SECRETARY – Respondent
WP 19763/2015



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NC: 2025:KHC:54454

WP No. 19763 of 2015

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO.19763 OF 2015 (GM-KSSIDC)

BETWEEN:

SRI. M. GOPINATH

S/O P. MUNIRAMAIAH

AGED ABOUT 53 YEARS

R/AT NO.485, 15TH CROSS

2ND STAGE, INDIRANAGAR

BENGALURU - 560 038.

....PETITIONER

(BY SRI. H.C. SHIVARAMU, ADVOCATE)

AND:

Digitally signed by 1. THE SECRETARY

ARUNKUMAR M S DEPARTMENT OF INDUSTRIES AND COMMERCE

Location: HIGH

STATE OF KARNATAKA

COURT OF

KARNATAKA VIDHANA SOUDHA

BENGALURU - 560 001.

2. THE MANAGING DIRECTOR

KARNATAKA STATE SMALL INDUSTRIES DEVELOPMENT

CORPORATION LIMITED

ADMINISTRATIVE OFFICE BUILDING

INDUSTRIAL ESTATE

RAJAJINAGAR

BENGALURU - 560 010.

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NC: 2025:KHC:54454

WP No. 19763 of 2015

HC-KAR

3. THE DEPUTY CHIEF MANAGER (IES)

BANGALORE URBAN DIVISION KSSIDC LTD

INDUSTRIAL ESTATE

RAJAJINAGAR

BENGALURU - 560 010.

4. THE SPECIAL LAND ACQUISITION OFFICER

KIADB

KHANIJA BHAVAN

RACE COURSE ROAD

BENGALURU - 560 001.

…RESPONDENTS

(BY SRI. MAHANTESH SHETTAR, AGA FOR R1;

SMT. MANJULA N. TEJASWAI, ADVOCATE FOR R2 & R3;

SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT RESPONDENT NOS.2 AND 3 TO CONSIDER THE

REPRESENTATIONS MADE BY THE PETITIONER AT ANNEXURE-

H1 DATED 13.12.2006, ANNEXURE-H2 DATED 18.12.2006 AND

ANNEXURE-H3 DATED 28.02.2007 AND CONSEQUENTLY TO

ALLOT ADDITIONAL LAND TO COMPENSATE THE SHORTFALL IN

THE MEASUREMENT INDICATED IN THE LETTER OF ALLOTMENT

AND SALE DEED AND ETC.

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NC: 2025:KHC:54454

WP No. 19763 of 2015

HC-KAR

THIS WRIT PETITION HAVING BEEN RESERVED FOR

ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY,

E.S. INDIRESH J., MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

CAV ORDER

1. In this Writ Petition, petitioner is seeking direction to the

respondent Nos.2 and 3 to consider the representations dated

13.12.2006 (Annexure-H1), dated 18.12.2006 (Annexure-H2)

and dated 28.02.2007 (Annexure-H3), inter alia, sought for

direction to allot additional land to compensate the short fall in

the measurement indicated in the letter of allotment and sale

deed. The petitioner further seeks a direction to the

respondent Nos.2 and 3 to fix and demarcate site No.165 as

indicated in the letter of allotment followed by lease-cum-sale

deed and possession certificate.

2. It is the case of the petitioner, that the petitioner has

established industry in the name of 'Gopi Engineers', duly

registered by competent authorities. The respondent authorities

have initiated scheme to acquire land in Anekal Taluk, for the

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NC: 2025:KHC:54454

WP No. 19763 of 2015

HC-KAR

purpose of establishment of industrial area to promote small

scale industries / entrepreneurs in the State of Karnataka as

per the Notification dated 08.08.1994 (Annexure-A). Pursuant

to the same, petitioner has made an application and as such,

the respondent has allotted plot bearing No.SP-165/94 dated

24.12.1994 (Annexure-B) to an extent of 9688 Sq.ft. carved

out with specific identity of site No.SP-165. The petitioner has

produced sketch at Annexure-C to the Writ Petition. The

petitioner has produced lease - cum sale agreement dated

23.11.2000 (Annexure-D) as the petitioner has paid the sale

consideration amount to the respondent. In the lease-cum-sale

agreement, the area of the allotment was restricted to

8310.81 Sq.ft. Sketch in so far as the allotment as per

Annexure-D is produced at Annexure-E to the Writ Petition.

4. It is the case of the petitioner that the respondent has

received sale consideration for an area measuring 9688 Sq.ft.

as against the allotment of 8311 Sq.ft., as per Annexure-D to

the petition.

5. The petitioner has produced the sanction plan at

Annexure-G. Thereafter, the petitioner made representation at

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NC: 2025:KHC:54454

WP No. 19763 of 2015

HC-KAR

Annexure-H Series, as to fix the boundary of the site in

question, as the petitioner has to complete the construction of

the schedule propert

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