IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 23501 OF 2018 (LB-RES) PIL BETWEEN:
C.N. BALASUBRAMANYAM S/O LATE SRI NARASIMHAN AGED ABOUT 71 YEARS RETIRED SENIOR MANAGER CANARA BANK AND A PRACTICING ADVOCATE (ROLL NO.1263/2001) R/AT NO.115/A, 4TH CROSS, 13TH MAIN BTM LAYOUT 1ST STAGE BANGALORE - 560 068.
(BY SRI MANOHAR. N, ADVOCATE) ... PETITIONER AND:
1. MYSORE URBAN DEVELOPMENT AUTHORITY J.L.B. ROAD, MYSORE REP.BY ITS COMMISSIONER 2. THE STATE OF KARNATAKA BY THE DEPT. OF URBAN DEVELOPMENT REP. BY: ITS SECRETARY M.S.BUILDINGS BANGALORE- 560 001.
(BY SRI D. NAGARAJ, AGA) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE INTEREST AT THE RATE OF 12% P.A. ON ALL THE APPLICATION MONEY RECEIVED BY THE RESPONDENTS FROM 38,476 APPLICANTS/GENERAL PUBLIC FOR ALLOTMENT OF SITE FROM THE DATE OF RECEIPT IN THE YEAR 2011, TILL THE DATE OF RETURNING THE SAME DURING THE YEAR 2017 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER The petitioner, as a public interest litigant, has filed this writ petition seeking a direction to the Mysuru Urban Development Authority to pay interest at the rate of 12% p.a. on refund of application fee made by the said authority on the premise that the application fee was withheld for about six years and no interest has been paid thereon.
2. Admittedly, the applicants, who are aggrieved by non-payment of interest, if any, are not before this Court.
3. In the circumstances, we find no public interest involved in this petition. Resultantly, petition fails and it is accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR