Petitioner sought quashing of cancellation of site allotment in Ballari due to inability to pay balance consideration. Court found no infirmity in respondent's action based on agreement terms and dismissed the writ.
Writ petition dismissed; no relief granted to petitioner.
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NC: 2023:KHC-D:12574 WP No. 108274 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 108274 OF 2015 (LB-RES)
BETWEEN:
H. KRISHNAMURTHY S/O. LATE HUCHARAYAPPA , AGED ABOUT 45 YEARS, OCC: BUSINESS, R/O. H. NEELAPPA, 4TH CROSS, SHANTHI NAGAR, SHIKARIPUR-577427, SHIVAMOGGA DISTRICT.
…PETITIONER
(BY SRI. MAHESH WODEYAR & SRI. NAVEEN CHATRAD, ADVOCATES)
AND:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
(BY SRI ASHOK KATTIMANI, AGA FOR R1; SMT. RANJITHA ALAGAWADI FOR SRI Y. LAKSHMIKANTH REDDY, ADV. FOR R2)
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED:07.05.2015, PASSED BY RESPONDENT NO.2 IN FILE NO. BA.NA.AA.PRA/NIVESHAN/KU.BA /261/1997-98/124 AS PER ANNEXURE-E; ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE RESIDENTIAL SITE BEARING NO.261 MEASURING 9X12 METER (30X40) IN KUVEMPUNAGAR, BALLARI, AS PER ANNEXURE-A, DATED:15.11.1997.
- 2 - NC: 2023:KHC-D:12574 WP No. 108274 of 2015
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner was allotted a site in Kuvempunagar,
Ballari, for a consideration of Rs.55,850/-, by respondent No.2. However, the petitioner paid only a sum of Rs.40,850/- and could not pay the balance consideration of Rs.15,000/- as per the terms of the agreement. Hence the respondent No.2 cancelled the allotment and after deducting the sum of Rs.5,000/-, has issued a cheque for Rs.35,850/- in favour of the petitioner. Aggrieved by the same, the present writ petition is filed.
that, respondent No.2 has acted as per the terms and conditions of the agreement and prays for dismissal of the writ petition.
respondent No.2.
Sd/JUDGE
gab Ct-mck
List No.: 1 Sl No.: 37
2 issues framed by the court
Whether to issue a writ quashing the order cancelling allotment due to non-payment of consideration.
Whether the refund calculation was arbitrary.
H. Krishnamurthy
Department of Urban Development, Bengaluru
Commissioner, Urban Development Authority, Ballari
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
