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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

WRIT PETITION NO.14491 OF 2014 (LB-RES)

BETWEEN:

SLN COFFEE (P) LTD

INSTANT COFFEE DIVISION

PB.NO. 47,

KIADB INDUSTRIAL AREA

KUDLUR, KUSHAL NAGAR-571234

REPRESENTED BY

MANAGING DIRECTOR

SRI N SATHAPPAN

...PETITIONER

(BY SRI SANDESH J CHOUTA, SENIOR ADVOCATE

FOR SRI ISMAIL M.MUSBA, ADVOCATE)

AND:

1.

THE EXECUTIVE OFFICER

TALUK PANCHAYATH

SOMWARPET TALUK

COORG DISTRICT - 571 236.

2.

P CHANDRASHEKHAR

S/O VEERABHADRAPPA

AGED ABOUT 56 YEARS

WORKING AS EXECUTIVE OFFICER

TALUK PANCHAYATH

SOMWARPET TALUK

COORG DISTRICT – 571 236.

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3.

C V NAGESH

MAJOR,

S/O VENKATAPPA

CHIKKATHURU VILLAGE

SOMWARPET TALUK

COORG DISTRICT – 571 234.

4.

THE MANAGING DIRECTOR

CHAMUNDESHWARI ELECTRICTY

SUPPLY CORPORATION LTD.,

CORPORATE OFFICE

N.S.RAO ROAD

KUVEMPUNAGAR

MYSORE – 570 001.

…RESPONDENTS

(BY SMT.VINITHA, ADVOCATE FOR

SRI T.A.KARUMBAIAH FOR R1;

SRI SANGAMESH R B FOR C/R3;

R2 & R4 - served)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA SEEKING

CERTAIN RELIEFS.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

Sri Sandesh J.Chouta, learned Senior Counsel on

behalf of Sri.Ismail M.Musba, for petitioner, Smt.Vinitha,

learned counsel on behalf of Sri.T.A.Karumbaiah, for

Respondent-1 and Sri.Sangamesh.R.B., learned counsel for

Respondent-3, have appeared in person.

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2.

It is stated that petitioner is a Private Limited

Company incorporated under the Companies Act, 1956.

The Company's proposal for setting up a unit of

manufacturing of ”Instant Coffee-3000 TPA" with an

investment of Rs.29 Crores in an area of 14 acres of land

in KIADB Industrial Area, Kushalnagar, Somawarpet, North

Coorg was approved by the Karnataka Udyoga Mithra (A

Government

of

India

Organization)

vide

its

order

dated

03.02.2006

and

amendment

order

dated

20.09.2013.

In furtherance of the same, the KIADB issued an

allotment letter on 23.03.2006 allotting 13.93 acres of

land in plot Nos.53, 54, 55 and 56 of Kushalnagar,

Industrial Area, for setting up the Industry as sought for.

Thereafter, the possession of the said land was handed

over by the KIADB. The lease agreement came to be

executed between KIADB and the petitioner - Company.

The Village Panchayat accorded the license under Section

66 of the Karnataka Gram Swaraj & Panchayat Raj Act,

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1993. The petitioner-Company commenced the business

activity.

It is stated that petitioner - Company obtained

permission from the Karnataka State Pollution Control

Board

as

required

under

the

provisions

of

Water

(Prevention and Control of Pollution) Act, 1974 and the AIR

(Prevention and Control of Pollution) Act 1981. The

Panchayat after having conducted a spot inspection and on

being satisfied granted license to the petitioner -Company

for construction in plot No. 53 – 56.

When things stood thus, the third respondent filed

an appeal before the Executive Officer, Taluk Panchayat,

Somawarpet, to set aside the license issued by the Grama

Panchayat in favor of Petitioner’s - Company. The

Executive Officer passed order on 25.05.2012 and stayed

the operation of the license issued by the Gram Panchayat.

Aggrieved by the grant of interim order, the petitioner

preferred

a

writ

petition

before

this

Court

in

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W.P.No.18067/2012 seeking a writ of certiorari to set aside

the order passed by the Executive Officer.

This Court disposed of the writ petition directing the

Executive Officer to consider the appeal in accordance with

law after affording an opportunity to all the parties before

him. It is stated that the Officer thereafter as conducted

hearing of the appeal only on 3 dates i.e., on 23.03.2013,

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