IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.30497/2017 (BDA) BETWEEN :
SRI M.SRINIVAS S/O LATE A.P.MARI AGED ABOUT 44 YEARS R/AT OLD NO.23, NEW NO.11 E STREET, 2ND CROSS BHARATHNAGAR, BENGALURU-506 001 ...PETITIONER (BY SRI H.C.SUNDARESH, ADV.) AND :
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD BANGALORE-560 020 …RESPONDENT (BY SMT.M.U.ADITHI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE CANCELLATION ORDER DATED 31.12.2004/22.03.2005 ISSUED BY THE RESPONDENT AS PER ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has assailed the cancellation order dated 31.12.2004 issued by the respondent as per Annexure-C inter alia seeking a direction to the respondent to consider the representation filed by the petitioner dated 6.10.2014 and 5.4.2016 at Annexures- H and J respectively, to accept the balance sital value with interest at 21% p.a. to execute the sale deed in respect of the site allotted pursuant to allotment letter dated 21.2.2000 as per Anneuxre-A or in the alternative, if the same site is not available for allotment, to allot alternative site in favour of the petitioner.
2. It is submitted that the petitioner filed an application before the respondent for allotment of 20’ x 30’ site under the Scheduled Caste category on 18.2.1989. After considering the application, the respondent has allotted a Site No.836 measuring 20’ x 30’ situated at HBR I Stage, Nagavara, Bengaluru and allotment letter has been issued in his favour on 21.2.2000. However, the allottee has not deposited the entire sital value within three years from the date of communication of the allotment letter due to ill-health and financial difficulties.
2. It is contended that the representations were made by the petitioner pursuant to the Government orders dated 18.10.2007, 18.11.2010 seeking permission to deposit the balance sital value along with interest at 21% p.a. It is the grievance of the petitioner that the said representations have remained unconsidered. Hence this writ petition.
3. Learned counsel appearing for the petitioner placing reliance on the order of the Cognate Bench of this Court in W.P.No.13658/2015 (D.D.7.4.2016) would submit that the petitioner being similarly situated is entitled to similar relief.
4. In the circumstances as aforesaid and for the reasons stated in the order of this Court in W.P.No.13658/2015, the cancellation order impugned at Annexure-C is quashed. The respondent is directed to consider the representations submitted by the petitioner dated 6.10.2014 and 5.4.2016 at Annexures H and J respectively in accordance with law keeping in mind the order passed by this Court in W.P.No.13658/2015 supra and take a decision in an expedite manner. Compliance shall be made in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order.
Writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Dvr: