IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.54560/2016 (LB- RES) Between:
Mr.Harish.N Aged about 45 years S/o K. Narayanappa No.4515, 17th Main Road Near K.D.Circle Vijayanagar 2nd Stage Mysore 570 017. … Petitioner (By Sri B.S. Nagaraj, Advocate) And:
1. The State of Karnataka Department of Urban Development Represented by its Principal Secretary M.S.Building Dr.B.R.Ambedkar Veedhi Bangalore - 560 001.
2. The Mysore Urban Development Authority JLB Road, Mysore City - 570 001.
Represented by its Commissioner. … Respondents (By Sri M.A.Subramani, HCGP for R1; Sri G.B.Sharath Gowda, Advocate for Smt.Kalyani Agarwal, Advocate for R2) This Writ Petition is filed under Articles 226 & 227 of Constitution of India, praying to quash the order dated 14.09.2016 passed by R2 MUDA at Annexure-A and etc.
This Writ Petition coming on for orders this day, the Court made the following:
ORDER The petitioner who is said to be the allottee of the site by way of public auction has challenged the order at Annexure-A dated 14.09.2016 whereby the second respondent – Mysore Development Authority has cancelled the auction confirmation letter while forfeiting 25% of the deposit made by the petitioner.
2. Learned counsel for the petitioner submits that this Court by its order dated 21.11.2016 had passed certain directions noting that the petitioner is ready and willing to deposit the entire balance amount of Rs.14,70,000/- with interest at the rate of 21% per annum in terms of the Karnataka Urban Development Authority (corner site disposal) Rules, 1991. It is further submitted that this Court had stayed the cancellation of allotment made in favour of the petitioner while permitting the petitioner to deposit Rs.14,70,000/- alongwith further interest at the rate of 21% per annum.
3. It is noticed that as against the impugned order, under the statute, redressal could be obtained by taking recourse to the proceedings under Section 63 of the Karnataka Urban Development Authorities Act, 1987. In view of availability of such remedy, petition is disposed of reserving liberty to the petitioner to file a revision petition within six weeks from today. The Revisional Authority while considering the petition, if filed within the time prescribed, shall also take note of the deposit made by the petitioner within the time prescribed by this Court with respect to the remaining amount due, i.e. Rs.14,70,000/- alongwith interest in an appropriate manner. The revision petition, if filed with the time prescribed, the Revisional Authority shall dispose of the same in an expeditious manner. It is expected that the respondent – MUDA would not create any third party rights with respect to the site in question as the adjudication as regards to the order at Annexure-A is still to be completed.
4. In view of disposal of the petition, Registry is directed to return Annexure-A to the petitioner, which is the impugned order after retaining its photocopy for the record purpose.
Sd/- JUDGE VGR