The court ruled that no vested right to specific plot allotment existed, validating alternative plot provisions under the law.

CAV ORDER

1. The Petitioner is before the Court seeking for the following reliefs:

a. Issue a writ of certiorari quashing allotment dated 29.02.2024 issued by the 3^rd Respondent in favour of the 5^th Respondent made in No. KIADB/MYS/24509/5140/2023-24 vide Annexure-A, in the greater interest of justice, equity and good conscience.

b. Issue a consequential writ of mandamus commanding the Respondent authorities to issue possession certificate and execute lease cum sale deed in favour of the Petitioner pursuant to the allotment letters dated 19.04.2021 and 05.05.2021 as per Annexure-D & E respectively, considering the representations dated 23.09.2021, 23.06.2023 vide Annexure-H, J & K respectively, in the interest of justice and equity.

2. Petitioner, a member of the Scheduled Caste Community, had applied for a plot reserved for the said community for starting a garment industry. In pursuance of which, on 14.05.2019, he received an intimation that the Single Window Agency, in its meeting held on 02.05.2019, had allotted 2 acres of land in Adakanahalli Industrial Area, Mysore district. Respondent No.3 issued an allotment letter to the Petitioner on 19.04.2021 in respect of 8080 sq.mts. of land in Plot No.2/69-1 of Adakanahalli Industrial area. In terms of which, the Petitioner was asked to pay a sum of Rs.8,30,000/- towards 10% of the land cost and other expenses, the allotment value being Rs.1.60 crores.

3. Subsequently, a modified allotment letter was issued on 05.05.2021, calling upon the Petitioner to make payment of the sum of Rs. 11,97,416/-. The Petitioner is stated to have made payments as requested; a sum of Rs. 11 lakhs was paid on 29.01.2021.

4. On account of actual physical possession not having been handed over, the Petitioner submitted various representations to respondents on 23.09.2021, 23.03.2023 and 22.06.2023, which were also not acted upon. He subsequently came to know that the very same plot had been allotted to respondent No.5 who belongs to non-reserved category and it is thereafter that the Petitioner made an application under the Right to Information Act, 2005 (for short hereinafter referred to as “RTI Act”) for a copy of the allotment letter made in favour of respondent No.5, when he came to know that such allotment had been made on 29.02.2024. It is in that background that the Petitioner is before this Court seeking for the aforesaid reliefs.

5. Sri.Tharanath Poojary., learned Senior counsel appearing for the Petitioner, would submit that;

5.1. A total extent of 331 acres has been acquired for industrial purposes in Adakanahalli Industrial area, 75 acres amounting to 22.5% thereof have been reserved for persons belonging to the SC/ST category, including 5 acres in survey No.95, in which plot No.2/69 has been carved out.

5.2. By referring to the list of available lands, he submits that plot No.1-A25, Plot No.1-A26, and plot No. 1-A27 had been reserved for persons belonging to the SC/ST category. That apart, he submits that there is a total extent of 52.74 acres which is vacant; the Petitioner has not been granted possession despite an allotment letter having been issued.

5.3. His submission is also that the Petitioner ranks at Sl.No.10 in overall seniority in the 2 acres category as prepared by the sub-committee and, on that account also, the Petitioner was required to be granted possession of the 2 acres plot.

5.4. By referring to the 135^th Meeting of the District Level Single Window Clearance Committee (“DLSWCC”) dated 02.05.2019, he submits that 99 applications from the SC/ST category were approved, including that of the Petitioner, whi