IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.56360 OF 2017 (CS-RES) BETWEEN :
DR. C.S. HANUMANTHAIAH S/O LATE SANJEEVAGOWDA AGED ABOUT 54 YEARS RESIDING AT NO.82 ’SANJEETHA NILAYA’ RAMAMANDIRA CROSS HOSPITAL ROAD GAYATHRI EXTENSION CHANNARAYAPATTANA HASSAN DISTRICT …PETITIONER (BY SHRI. G.R. VENKATESH MURTHY, ADVOCATE) AND :
1. KARNATAKA LEGISLATURE SECRETARIAT EMPLOYEES HOUSING COOPERATIVE SOCIETY LTD, HAVING ITS REGISTERED OFFICE AT ROOM NO.216/A 2ND FLOOR, VIDHANA SOUDHA BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 2. THE PRESIDENT KARNATAKA LEGISLATURE SECRETARIAT EMPLOYEES HOUSING COOPERATIVE SOCIETY LTD., ROOM NO.216/A 2ND FLOOR, VIDHANA SOUDHA BANGALORE-560 001 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CENTRAL ZONE BANGALORE URBAN DISTRICT MALLESHWARAM CO-OPERATIVE SOCIETY BUILDING MARGOSA ROAD MALLESHWARAM BANGALORE-560 003 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SOUTH RANGE MALLESHWARAM CO-OPERATIVE SOCIETY BUILDING MARGOSA ROAD MALLESHWARAM BANGALORE-560 003 ... RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP FOR R3 & R4) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN APPEAL NO.517/2013 ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL BANGALORE (KAT CH-5) AND QAUSH THE ORDER VIDE ANNEXURE-A AND ALLOW THE DISPTUE BEARING NO.DRB- 2/MD/34/2010-01 ON THE FILE FO R4 VIDE ANNX.F.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Venkatesh Murthy G.R., learned advocate for the petitioner and Smt. H.C.Kavitha, learned HCGP for the State.
2. Petitioner filed an application on 27.11.2004 for allotment of site to second respondent-Karnataka Legislature Secretariat Employees Housing Co-operative Society Limited (‘the Society’ for short). Accordingly, a site measuring 30ft. x 40ft. was allotted on 23.02.2009 against payment of Rs.6,50,000/- payable in four installments. However, petitioner was aggrieved with regard to seniority list approved by the society and dimension of site. Accordingly, he raised a dispute before the Joint Registrar of Co-operative Societies (‘JRCS’ for short). The JRCS by his order dated 25.02.2013 in dispute No.DRB- 2/MD/34/2010-11 has recorded a finding that land price was fixed at Rs.775/- per sq. ft. and petitioner was required to pay price at Rs.775/- per sq. ft. The JRCS further directed the society to allot a site measuring 40ft. x 60ft. by collecting the amount at the rate of Rs.775/- per sq.ft. and to adjust the sum of Rs.6,50,000/- already paid by petitioner.
3. Feeling aggrieved, the Society challenged the order passed by the JRCS before the Karnataka Appellate Tribunal (‘the KAT’ for short). The KAT has recorded that during the pendency of appeal, petitioner paid consideration amount at the rate of Rs.1,260/- per sq. ft. and he was allotted site No.51 in Agrahara III Stage. Having taken note of this aspect, the KAT disposed of the petition by confirming the order passed by the JRCS with a modification that instead of Rs.775/-, the land value be fixed at Rs.1,250/- per sq. ft. The Society was directed to execute the sale deed within three months. Feeling aggrieved by the order passed by the KAT, petitioner has filed this writ petition.
4. Shri Venkatesh Murthy arguing in support of this petition submitted that since the application was made in the year 2004, the KAT could not have fixed the land price at Rs.1,250/- per sq. ft. The society had committed serious irregularity in not maintaining seniority list. Therefore, order passed by the KAT in fixing land price at Rs.1,250/- per sq. ft. is erroneous.
5. Learned AGA argued in support of the order passed by the KAT.
6. I have carefully considered rival submissions and perused the records.
7. Undisputed facts of the case are, petitioner was allotted a site measuring 30ft. x 40ft. in the year 2009. He raised a dispute with the JRCS in the year 2010. The same was disposed of in the year 2013. By his order, JRCS took note of escalation and held that petitioner was entitled to a site measuring 40ft. x 60ft. at Rs.775/- per sq. ft.
Petitioner conceded to this position. Further, whilst the appeal filed by the society was pending adjudication before the KAT, petitioner has paid cost of site at Rs.1260/- per sq. ft. without any demur. Accordingly, site No.51 has been allotted to the petitioner. The KAT has taken note of escalation in the land cost in and around Bangalore and has fixed land price at Rs.1250/- per sq. ft.
8. It is relevant to note that immediately after allotment of site measuring 30ft. x40ft, petitioner started litigation with the society in the year 2010 and said litigation was in progress for three years. However, he has accepted the value at Rs.775/- per sq. ft. as fixed by the JRCS. Since the JRCS directed the society to allot site measuring 40 x 60 ft. as against original allotment of site measuring 30 x 40 ft., the same ensued in further litigation before the KAT initiated by the Society. It is very relevant that during the pendency of the appeal, the petitioner has paid cost of land at Rs.1,260/- without any demur and site No.51 allotted.
9. The ground urged in support of this petition is that since application was made in the year 2004, the value fixed by KAT at Rs.1,250/- per sq. ft. is unsustainable. The said ground is untenable for more than one reason. Firstly, escalation upto Rs.775/- has been conceded by the petitioner. Secondly, payment at the rate of Rs.1260/- per sq.ft. has been made by the petitioner without raising any objection. However, learned advocate for the petitioner asserted that the said amount was paid under protest. To a pointed question by this Court with regard to any material in support of said submission, learned advocate for the petitioner, in his usual fairness, submitted that there is no document to show that petitioner paid under protest. In the facts and circumstances of the case, petitioner himself having initiated proceedings and also having paid the land price at the rate of 1,250/- per sq.ft., no exception can be taken to the order passed by the KAT.
10. Resultantly, this petition fails and it is accordingly dismissed. No costs.
Sd/- JUDGE Yn