IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.45318 OF 2013 (LB-RES) BETWEEN:
Mohammed Anwaruddin S/o Mohammed Zakirrudin, Aged about 54 years, R/at No.12-12-83/2, Nerar Urdu Colony, Haji Colony, Raichur.
Represented by his GPA Holder and Brother Zubairahmed, S/o Mohammed Zakirruddin, Aged about 38 years, R/at No.66, HIG, A Ground Floor, Block 27, Volagerehalli, Kengeri Hobli, Bengaluru South Taluk – 560 060. ... Petitioner (By Sri. Madangowda N. Patil, Advocate for Sri. Basavaraj Patil, Advocate) AND:
1. Karnataka Housing Board Cauvery Bhavan, K.G. Road, Bengaluru – 560 001. Represented by its Commissioner.
2. Deputy General Manager – Customer Service Karnataka Housing Board, Cauvery Bhavan, K.G. Road, Bengaluru – 560 001.
3. Assistant Executive Engineer Karnataka Housing Board, Bandemutt Project Division, Kengeri Satellite Town, Bengaluru – 560 060. …Respondents (By Sri. H.G. Vasanth Kumar, Advocate for R1 & R3; R2 is served but unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the letter dated 20.03.2013, along with the calculation sheet and loan repayment account statement issued by respondent No.3, vide Annexure-H in respect of residential tenement No.66, Ground Floor, HIG Block, Karnataka Housing Board Colony, Volagerehalli, Kengeri Hobli, Bengaluru South Taluk and etc., This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the parties.
In this writ petition, petitioner has sought for the following reliefs:
“a) Issue writ in the nature of certiorari, or any other appropriate writ, order or direction quashing the letter dated 20.03.2013 along with the calculation sheet and loan repayment account statement issued by the 3rd respondent vide Annexure-H in respect of Residential Tenement No.66, Ground Floor, HIG Block, Karnataka Housing Board Colony, Volagerehalli, Kengeri Hobli, Bangalore South Taluk.
b) Issue writ in the nature mandamus, or any other appropriate writ, order or directing the respondents to consider the various representations of the petitioner vide Annexures E to G and to complete the transaction of sale in respect of Residential Tenement No.66, Ground Floor, HIG Block, Karnataka Housing Board Colony, Volagerehalli, Kengeri Hobli, Bangalore South Taluk pursuant to the lease cum sale agreement dated 08.11.2000 entered into by the Karnataka Housing Board.
c) Issue any other incidental and consequential relief’s as deemed fit under the facts and circumstances of the case and in aid of the main relief sought for.”
2. The case of the petitioner is that he was allotted the Residential House No.66, Ground Floor, HIG Block, Volagerehalli, Kengeri Hobli, Bangalore South Taluk under lease-cum–sale agreement dated 08.01.2000 for a sum of Rs.4,21,900/-. According to the petitioner, he has paid the entire amount of Rs.4,21,900/- by installments to the Board. Inspite of that, the Board has issued a letter vide Annexure-H stating that petitioner is due of Rs.4,18,902/- as on 06.11.2012. Pursuant to Annexure-H, the petitioner has given a reply through legal notice stating that he has paid the entire amount and that there is no due on the part of the petitioner. Since they have not considered the representation, the petitioner has approached this Court by challenging Annexure-H.
3. Learned counsel appearing for the respondent- Board submitted that Annexure-H is the letter issued to the petitioner stating that as on 06.11.2012, the petitioner is due of Rs.4,18,902/-. So far, no cancellation order has been passed.
4. In reply, learned counsel for the petitioner submitted that legal notice dated 05.05.2013/25.06.2013 vide Annexure-J has been issued to the Board stating that he has paid entire amount of Rs.4,21,900/- with interest. The same is not considered by the respondents. Pursuant to legal notice/reply issued by the petitioner, the Board has issued the legal notice on 04.09.2013. Learned counsel for the petitioner submitted that petitioner has acknowledgment for having paid entire amount to the Board and he has no due.
5. Learned counsel for the respondents further submitted that pursuant to Annexure-J - legal notice, the Board has replied on 04.09.2013 stating that after considering his reply, still the petitioner was due of Rs.4,43,000/- as on 31.08.2013.
6. Under these circumstances, in the interest of justice, it is suffice for permitting the petitioner to submit a fresh representation along with all the materials to show that he has paid the entire amount with interest, within a period of two weeks from the date of receipt of copy of this order.
7. Respondent-Board is directed to consider the representation along with the documents submitted by the petitioner within a period of three months from the date of receipt of representation submitted by the petitioner and pass an order in accordance with law. It is needless to mention that respondents shall communicate the decision to the petitioner.
With the above observations, the writ petition is disposed of.
Sd/- JUDGE MBM