High CourtsDIVISION BENCH(2017) 03 KAR CK 0169

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPTD. BY ITS CHAIRMAN, & ORS. vs M/s.PALREACHA INFRASTRUCTURE AND DEVELOPERS, & ANR.

Karnataka High Court · Decided on 8 March 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
CASE NUMBER
3208 of 2016 AND WRIT APPEAL NOS 4431-4432 of 2016 (GM-KIADB)

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Judgment

7 paragraphs · 199 words
1.

Writ petitions were moved seeking, in substance, a direction to execute a lease-cum-sale deed in respect of the disputed property in favour of the writ petitioner.

2.

Mr.T.S.Arun Kumar, learned advocate, who has been appearing for the respondent No.1, conceded before the Hon''ble Single Judge that he would not press the prayer of refund of 1,21,91,611/- (Rupees one crore twenty one lakh ninety one thousand six hundred and eleven) only, as formulated in prayer (d) of the writ petitions.

3.

The Hon''ble Single Judge, having regard to the stand taken by the Karnataka Industrial Areas Development Board in their affidavit, particularly in paragraph 8, disposed of the writ petitions by directing the respondent No.2 to issue lease-cum- sale deed in favour of the writ petitioner in relation to the disputed property.

4.

Mr.Arun Kumar raised an issue that there has been some encroachments in the property.

5.

The Hon''ble Single Judge, only, expressed that the respondent Nos.2 to 4 are bound to help the writ petitioner for removal of the encroachments.

6.

We do not see any error in the order impugned requiring interference. The writ appeals stand dismissed.

7.

There will be no order as to costs.