SAMBEGOWDA AND ANOTHER Vs. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, ZONAL OFFICE, METAGALLI, MYSORE AND ANOTHER

JUDGEMENT

(1.) - Petitioners are seeking for quashing of order bearing No. KIADB/MYS/4090/1010/2014-15, dated 25-6-2014, Annexure-C, passed by first respondent allotting land bearing Sy. Nos. 122/4 and 122/6 of Hebbal Village, Kasaba Hobli, Mysore Taluk, Mysore measuring 608.00 sq. mtrs. in favour of second respondent and also for a writ of mandamus being issued to first respondent to consider the representation dated 13-8-2014, Annexure-E, where under petitioners have sought for allotment of land in question (land allotted to second respondent) to be allotted to them contending inter alia that it is the only plot which is available for ingress and egress to their property.

(2.) I have heard the arguments of Sri Lourdu Mariyappa, Sri K. Krishna and Sri P. Nataraju, learned Counsel appearing for petitioner, respondents 1 and 2 respectively. Perused the records.

(3.) Petitioner has challenged the allotment of land granted by first respondent-KIADB in favour of second respondent contending that land bearing Sy. Nos. 122/4 and 12.2/6 measuring 24 guntas and 16 guntas belong to petitioners 1 and 2 and they are in possession and enjoyment of the same. It is the grievance of petitioners that second respondent had applied for grant of land with first respondent and a plot bearing No. 428/G in Sy. No. 64 of Hebbal Village, Mysore Taluk, Mysore was allotted and agreement was also executed on 1-3-2013 and later on representation submitted by second respondent to first respondent for allotment of an alternate land and considering said request land in question namely land abutting petitioners' land, has been allotted as per Annexure-C. It is the further grievance of petitioners that second respondent has commenced construction work in the land so allotted by first respondent, which is situated towards southern side of petitioners' land and since said land is the only ingress and egress for their land, petitioners had submitted a representation on 13-7-2010. On account of non-consideration of said representation, one more representation was submitted on 13-8-2014, Annexure-E and after securing information through Right to Information Act, they have obtained the order copy of allotment made in favour of second respondent and on account of non-consideration of their representation, legal notice was also issued on 29-10-2014 - Annexure-G to first respondent, which is duly replied on 25-11-2014 as per Annexure-H on untenable grounds.