IN THE HIGH COURT OF KARNATAKA AT BANGALORE
I.A.NO /2014
WRIT PETITION NO 102474-81/2013
(ORIGINAL JURISDICTION)
BETWEEN:
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1. ABC& ORS GROWTH CENTER RAICHUR BY ITS PROPRIETOR, K. GABC S/O BCD AGED ABOUT 32 YEARS, OCC. CIVIL ENGINEER, R/O RAICHUR DIST. RAICHUR |
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2. CDE BRICKS INDUSTRIES R/BY PROPRIETOR, KRISHNAREDDY S/O LATE CDE AGED ABOUT 57 YRS, OCC. BUSINESS, NEAR TEMPLE, CITY TALKIES ROAD, RAICHUR |
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3. M/S ABC INDUSTRIES, BY ITS MANAGING PARNTER, PANCHALREDDY S/O bcd AGED ABOUT 39 YRS, OCC. BUSINESS BEHIND DEF HOSPITAL GUNJ ROAD, RAICHUR |
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4. M/S ABC SCIENCE INDUSTRY S/O D. ABC AGED ABOUT 40 YRS, OCC. BUSINESS R/O FLAT NO.00 SRI. mad ENCLAVE ROAD, MIYAPUR HYDERABAD |
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5. M/S BCD R/BY S/O EFD AGED ABOUT 42 YRS, OCC. BUSINESS R/O FLAT NO.00 SRI. VENKATESHWARA TOWNERS, MIG-2, SECTOR, MVP COLONY VISHKAPATNAM |
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6. M/S DEF CHEMICALS S/O N. REZ, AGED ABOUT 44 YRS, OCC. BUSINESS, PLOT NO. 00/A, ADHITYA NAGAR KUKAPALLY HYDERABAD |
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7. M/F NED LABS S/O M. AGED ABOUT 41 YRS, OCC. BUSINESS, R/O RAICHUR |
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8. M/S RJD S, QQRS AGE:32 YEARS OCC. PROPRIETOR, R/O RAICHUR |
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AND:
1. THE STATE OF KARNATAKA & ORS & INDUSTRY BY ITS PRINCIPAL SECRETARY, VIDHAN SOUDHA, BANGALORE |
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2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, COMMITTEE, R/BY PRINCIPAL SECRETARY TO GOVERNMENT OF COMMERNCE & INDSUTRIES, KHANIJA BHAVAN, RACE COURSE ROAD, BANGLORE |
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3. THE CHIEF EXECUTIVE OFFICER AREAS DEVELOPMENT BOARD KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE |
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4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD ZONAL OFFICE, 1ST PHASE, KAPNOOR INDUSTRIAL AREA, RAICHUR, BY ITS DEPUTY DEVELOPMENT OFFICER, RAICHUR |
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5. THE DEPUTY COMMISSIONER |
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6. THE JOPINT DIRECTOR CENTER RAICHUR |
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7. S SURANA INSTRIES INDUSTRIAL AREA, GUNJ ROAD, RAICHUR,. BY ITS MANAGING PARTNER/DIRECTOR |
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AND:
XYZ CONSTRUCTIONS pvt Ltd REP BY ITS PROPREITOR M. ARS NO.00/A, APARTMENTS, RMV 2ND STAGE, 2ND BLOCK, ASHWATHNAGAR, GEDDALAHALLI, BANGALORE IMPLEADING APPLICANT |
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APPLICATION UNDER ORDER 1 RULE 10(2) READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908.
For the reasons stated in the accompanying Affidavit the impleading applicant most respectfully pray that this Hon’ble court be pleased to allow this application and permit the impleading of this applicant as party respondent No 8 in the interest of justice and equity.
Date: 13/05/2014
Place: Bangalore Advocate for the impleading Applicant
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
WRIT PETITION NO 102474-81/2013
(ORIGINAL JURISDICTION)
BETWEEN:
M/s ABC and others Petitioners
AND:
State of Karnataka and others Respondents
AFFIDAVIT
- I, Venkateshwara Rao S/o Late P.Suranna aged about 54 years Managing Director, Amrutha Constructions Pvt Ltd, No.00/A, Sindhura Apartments, RMV 2nd Stage 2nd Block, Ashwathnagar, Geddalahalli, Bangalore, today at Gulbarga do hereby solemnly affirm and state on oath as follows,
- That, I am the proprietor of the Applicant company and I am well aware of the facts of the case.
- I, state that the above petition has been filed challenging resolutions dated 00/00/2012 in Addl. Subject No. 2, File No 00 (Eng.Sec) and Addl.Subject No 8, File No JDTP 00 passed by the Respondent No 2 and further to cancel the allotment of land made in favour of Housing Layout for 7th Respondent and also for a mandamus directing the respondents to allot the land to the petitioners in the Industrial Growth centre, Raichur.
- That, in the above writ petition this Hon’ble court has vide its order dated 8th Aug 2013 was pleased to grant an interim order staying all further proceedings pursuant to resolution/proceedings dated 00/2012 at Annexure D to the writ petition.
- I, state that the applicant was one of the participant in the tender proceedings pursuant to the tender notification published in daily English news paper `Deccan Herald` and daily Kannada news paper `Prajavani` in the month of Feb 2013
- It is stated the tender of the applicant came to be accepted by the respondent KIADB for part of formation of housing layout project which includes formation of Roads, bridges, culvers,storm water drains, providing water supply lines, sanitary lines etc amongst other works involved in formation/establishment of housing layout.
- It is stated that pursuant to the acceptance of the tender of the applicant company , the applicant company was given the work order vide communication dated 00/2013 issued by the 3rd respondent with certain conditions.
- It is stated that one of the conditions imposed upon this applicant company by the respondent-KIADB is to complete the work by 00/2014 as per condition No 2 of the work order. Copy of the work order issued in favour of the applicant company is herewith produced as Annexur
- It is stated immediately thereafter (Work order) the applicant company which was ready with its Labour force commenced the work starting with jungle cutting, clearing of the debris, layout marking, construction of dwelling houses, overhead tanks, water storage sumps and formation of roads.
- The applicant company as per the its tender and the work order is required to construct 85 houses and hand it over to the respondent and till now applicant company has reached roof level in respect of 50 houses and as far as remaining 35 houses are concerned they have reached Foundation and Basement .
- It is stated that the applicant company has already spent around 12 crores on the project and at this stage the applicant company came to know about the filing of the present petition and there being a stay of all further proceedings pursuant to the resolution at Annexure D to the petition.
- It is stated that more than 300 labourers, machinery either bought or taken on lease are sitting idle for the last more than 6 months and the applicant company has been bearing the expenses of maintaining the said labourers and machinery to the tune of Rs.12 lakhs per month although work has not been going on at the site.
- It is stated that further due to the unfinished nature of work the building/structure is getting damaged/ruined which would not be beneficial to either of the parties to the present proceedings more so when the housing project is meant for the benefit of industrial employees falling in the bracket of LIG, MIG and
- It is stated that for the work done so far the applicant company has been released with only Rs. 4 crores though they have completed work valued at Rs.12 crores as per respondent-KIADB.
- I, state that in the above narrated circumstances the applicant company has been incurring huge financial losses due to the stay of all further proceedings pursuant to Annexure D resolution which includes the work order issued/granted in favour of this applicant company.
- I, state that the impleadment of the applicant is necessary for a complete and holistic adjudication of the matter and also in the interest of justice and equity which, the applicant company should not be deprived of.
WHEREFORE , this Hon’ble court be pleased to grant the prayer made in the accompanying application.
Place: Bangalore
Date: DEPONENT
Identified by
Advocate
