IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.17307/2018 (LB-RES) Between:
Kempalinge Gowda, Aged about 63 years, S/o Patel Ninge Gowda, R/o Avverahalli Village, Kadabahalli Post, Nagamangala Taluk, Mandya District – 571 401. … Petitioner (By Sri Mahesh R. Uppin, Advocate) And:
1. The Commissioner, Mysore Urban Development Authority, J.L.B. Road, Mysore – 570 001.
2. The Special Thasildar, Application Branch, Mysore Urban Development Authority, JLB Road, Mysore – 570 001.
3. The Secretary, Mysore Urban Development Authority, JLB Road, Mysore – 570 001.
4. State of Karnataka, By its Secretary, Department of Urban Development, Vidhana Soudha, Bangalore – 560 001. … Respondents (By Sri T.P. Vivekananda, Advocate for R-1 to R-3; Sri M.A. Subramani, HCGP for R-4) **** This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to the respondent No.1 to consider the application dated 26.03.2018 filed by the petitioner at Annexure-C1 along with the medical certificates produced at Annexures-C2, C3, C4 dated 20.12.2017, 20.2.2018 and 26.3.2018 respectively and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner was allotted a site measuring 50 ft. x 80 ft. by allotment letter dated 10.11.2017 and the petitioner was called upon to pay a sum of `20,54,900/- within a period of 90 days as per the notice at Annexure-C dated 10.11.2017. The petitioner states that as he was a senior citizen and due to certain ailments, he was not in a position to make payment within a period of 90 days and further states that he had made a request on 26.03.2018 stating that he could not pay the allotment amount within 90 days stipulated and was ready and willing to pay the balance amount, if time was granted.
2. The petitioner has made representation as per Annexure-C1 dated 26.03.2018 and the said representation is accompanied with the medical certificates.
3. The petitioner states that despite the said representation, the respondent Authority has issued a show cause notice on 21.06.2018 (Annexure-R1) without considering the representation made on 26.03.2018. It is further stated that as per the show cause notice, the petitioner has been directed to show cause as to why the allotment of site should not be cancelled, in view of the default in making payment within the prescribed period of 90 days.
4. Taking note of the request already having been made by the petitioner in that regard and the notice at Annexure-R1 is only a show cause notice, it would be appropriate to direct the petitioner to submit a fresh reply to the respondent setting out the circumstances under which the payment could not be made within a period of 90 days. The reply to the show cause notice submitted by the petitioner is to be considered by the respondent in accordance with law.
5. The petitioner undertakes to show his bona fides and that he would deposit the allotment price with interest at the rate of 10% p.a. with the respondent Authority within a period of six weeks from today.
6. In view of the same, the respondent Authority to consider the reply and the fresh representation ordered to be submitted that is furnished by the petitioner in accordance with law keeping in mind that the petitioner is a senior citizen and also apply its mind to the circumstances under which the petitioner was not able to make the payment within the prescribed time, however, such consideration is to be done as permissible in law.
7. Further, the petitioner is directed to make a fresh representation within a period of ten days from today stating the reasons as to why the payment could not be made within the prescribed time and giving sufficient explanation and reply as regards the notice dated 21.06.2018. The petitioner is to make payment of the allotment price with interest at 10% p.a. within six weeks from today. The respondent Authority is to consider the reply to the show cause notice and take appropriate decision considering the peculiar facts and circumstances of the case sought to be made out, within a period of six weeks thereafter.
Accordingly petition is disposed of.
Sd/- JUDGE VGR