Disposed

Mani Rama Murthy v. State of Karnataka

Karnataka HC14 Jul 2021WA/466/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ appeal filing for setting aside an order in a W.P. The court noted a delay in conducting a fresh auction for a property where previous sale consideration was returned. It directed the Deputy Commissioner to cancel the auction and conduct a fresh auction and payment within three months.

What did the court decide?

The Deputy Commissioner is directed to cancel the auction and conduct a fresh auction within three months and pay the dues to the appellant.

Mani Rama Murthy Vs State of Karnataka — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2021

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PRESENT

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THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

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AND

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THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

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WRIT APPEAL NO.466 OF 2021 (GM-RES)

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BETWEEN:

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MANI RAMA MURTHY S/O LATE V.H.S. MANI, AGED ABOUT 73 YEARS, RESIDING AT NO.249, 2^ND 'A' MAIN, 2^ND BLOCK, 4^TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BENGALURU-560072.

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...APPELLANT

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[BY SRI. MANI RAMA MURTHY (PARTY-IN-PERSON)]

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AND:

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STATE OF KARNATAKA DEPARTMENT OF LAND REVENUE, VIDHANA SOUDHA, BENGALURU-560001. REPRESENTED BY THE SECRETARY.

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THE DEPUTY COMMISSIONER BENGALURU DISTRICT, K.G.ROAD, NEAR DISTRICT REGISTRAR OFFICE, AMBEDKAR VEEDHI, SAMPANGIRAMANAGAR, BENGALURU-560009.

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TAHASILDAR NO.9/1, 19^TH MAIN ROAD, 2^ND STAGE, NAGAPURA, RAJAJINAGAR, BENGALURU-560010.

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MRS. UMA SURESH W/O SURESH G., AGED ABOUT 63 YEARS, RESIDING AT NO.212, 5^TH MAIN ROAD, 10^TH CROSS, NGEF LAYOUT, NAGARABHAVI, BENGALURU-560072.

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SURESH G. S/O LATE GANESH NAIG, AGED ABOUT 65 YEARS, RESIDING AT NO.212, 5^TH MAIN ROAD, 10^TH CROSS, NGEF LAYOUT, NAGARABHAVI, BENGALURU-560072.

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… RESPONDENTS (BY SRI. S.RAJASHEKAR, AGA FOR R-1 TO R-3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THIS HON'BLE COURT TO W.P. NO.7580/2020 DISPOSED OFF ON 17.12.2020.

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THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, SATISH CHANDRA SHARMA. J., DELIVERED THE FOLLOWING:

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JUDGMENT

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The present writ appeal is arising out of order dated 17.12.2020 passed in W.P. No.7580/2020 (Mrs. Uma Suresh v. State of Karnataka).

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The facts of the case reveal that the appellant before this Court has obtained an order from District Consumer Disputes Redressal Forum for refund of money against M/s. KRK Properties Pvt. Ltd. as per order dated 17.11.2017. In the present case the facts reveal that an auction was held in respect of the property. However, later on, it was realised that the value so offered was much lower than the actual value of its property and the sale consideration was returned back to the proposed auction bidder. The learned Single Judge was informed that a formal order cancelling the auction was not passed and the Deputy Commissioner was permitted to cancel the earlier auction which took place on 25.07.2019.

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Sri Murthy appearing in-person has stated before this Court that the matter has been delayed right from 2017 and some time limit should be fixed for conducting a fresh auction and for payment of his dues. The prayer of Murthy appears to be reasonable.

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Resultantly, the Deputy Commissioner is directed to cancel the auction by passing the appropriate order. The same has not been done within 15 days from today and thereafter within three months process of auction shall be concluded and the amount shall be paid to Sri Murthy in accordance with law. With the aforesaid, the writ appeal stands disposed of.

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Learned Government Advocate is directed to communicate this order to the Deputy Commissioner for necessary compliance.

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Sd/JUDGE

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Sd/JUDGE

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hnm

Mani Rama Murthy v. State of Karnataka

Case brief

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Mani Rama Murthy v. State of Karnataka

Case brief

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