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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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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WP No. 19763 of 2015
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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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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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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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