IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NO.43461/2016 (LB RES) BETWEEN H S RAMESH S/O LATE H.B. SHIVARAMAPPA AGED ABOUT 48 YEARS, R/AT NO.113/A, RAJARAJESHWARI TEMPLE ROAD, VIJAYASHREE PURA, MYSURU-570 017.
REPRESENTED BY HIS GPA HOLDER ZAKEER HUSSAIN S/O LATE MOHAMMED HUSSAIN, AGED ABOUT 48 YEARS, R/O 1015 & 1036, NEAR MADEGOWDA CIRCLE, 1ST STAGE, RAJIVNAGAR, MYSURU-570 019.
... PETITIONER (BY SRI ABUBACKER SHAFI, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU-570 001.
... RESPONDENTS (BY SRI D.R.ANANDEESHWAR, HCGP FOR R1, SRI P S MANJUNATH, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH NOTICE DTD:7.6.2016 ISSUED BY R-2 VIDE ANNEXURE-H ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned counsel for the petitioner and the learned counsel for respondent No.2 – authority.
2. Learned counsel for respondent No.2 – authority has filed a memo informing the Court that respondent No.2 – authority has already identified an alternate site for allotment to the petitioner i.e., Site No.33 measuring 360 sq. mtrs. situated at Vijaynagar 3rd Stage, ‘C’ Block, Mysuru and that respondent No.2 has also raised a demand for additional sale value in respect of additional extent of land said to have been allotted to the petitioner under the re-allotment.
3. It is submitted that the petitioner was the successful bidder in the auction held in respect of an extent of 295.2 sq. mtrs. and now the alternate land measures around 360 sq. mtrs., and hence the additional demand.
4. In the light of the memo, the relief sought for in the writ petition stands answered. The memo is taken on record. The submission of the learned Counsel is also placed on record.
5. Writ petition is disposed off in terms of the memo dated 19.07.2019. The balance consideration demanded by the authority shall be deposited by the petitioner within eight weeks from today, failing which, petitioner shall be disentitled to claim the benefit of allotment of alternate land.
No order as to costs.
Sd/- JUDGE PKS/KK CT-HR