Disposed

Sri C M Venkataravanan v. State of Karnataka

Karnataka HC5 Oct 2023WP/15123/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition seeking quashing of an endorsement and cancellation order regarding an allotment site. Following a Division Bench observation that the impugned orders should be treated as not served, the Court directed the authorities to treat the orders as show cause notices and mandated the petitioner to respond within four weeks.

What did the court decide?

Endorsement and cancellation order dated 06.02.2017 treated as show cause notice; petitioner must respond within 4 weeks; authority to pass orders within 8 weeks thereafter.

Sri C M Venkataravanan Vs State of Karnataka — Consumer Protection | Karnataka HC (2023)

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1 - NC: 2023:KHC:36145 WP No. 15123 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 15123 OF 2021 (BDA)

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BETWEEN:

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SRI C M VENKATARAVANAN S/O LATE CHIKKAMUNIVENKATAPPA, AGED ABOUT 55 YEARS, R/AT DHARMARAYANAGARA, WARD NO.6, KOLAR TOWN, KOLAR-561101.

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…PETITIONER

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(BY SMT.K.PUSHPALATHA, ADVOCATE FOR SRI. MANJUNATHA V RAYAPPA, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: High Court of Karnataka

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN AND HOUSING DEVELOPMENT, M.S.BUILDING, B.R.AMBEDKAR ROAD, BENGALURU-560001.

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THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARAPARK WEST, BENGALURU-560020

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NC: 2023:KHC:36145 WP No. 15123 of 2021

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THE DEPUTY SECRETARY(DS-3) BENGALURU DEVELOPMENT AUTHORITY, KUMARAPARK WEST BENGALURU-560020.

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…RESPONDENTS

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(BY SRI. LAGALI HANUMANTHARAYAPPA, AGA FOR R-1, SRI. UNNIKRISHNAN M., ADVOCATE FOR R-2 & R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 06.02.2017, CANCELLATION ORDER NO.4912, DATED 02.02.2017 PASSED BY THE DEPUTY SECRETARY, HEREIN PRODUCED AND MARKED AS ANNEXUREG IN THE SITE NO.3142, IN SIR M VESHWESHWARAIAH LAYOUT, MEASURING 900 SQ MTS X 1200 SQ.MTS. ISSUE WRIT IN THE NATURE OF MANDAMUS I.E., COLLECT THE DUE AMOUNT AND EXECUTE THE ABSOLUTE SALE DEED IN THE NAME OF PETITIONER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING

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ORDER

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Smt.K.Pushpalatha, learned counsel appears on

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behalf of learned counsel for petitioner.

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This petition seeking quash of endorsement dated 06.02.2017, cancellation order dated 02.02.2017 passed by the Deputy Secretary produced at Annexure-G in and by which allotment of site bearing No.3142 in the layout known as Sir M.Vishweshwariah Layout measuring 900 sq.

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NC: 2023:KHC:36145 WP No. 15123 of 2021

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mtrs. x 1200 sq. mtrs. has been cancelled. Further direction is sought to the respondent authority to execute a deed of sale by collecting the due amount.

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It is necessary to note at this juncture that on an earlier occasion the petitioner had approached this Court in W.P.No.53267/2016(BDA) in respect of the same subject matter seeking direction to respondent-BDA to consider his representation dated 29.04.2015. The Coordinate Bench of this Court by order dated 07.02.2019 produced at Annexure-E had partly allowed the said writ petition directing respondent-BDA to consider the representation of the petitioner dated 29.04.2015 within a period of eight weeks. Since there was no compliance to the said direction, the petitioner herein initiated proceedings under Sections 11 and 12 of the Contempt of Courts Act, 1971 in CCC No.25/2021(Civil). During the pendency of the said contempt proceedings respondentBDA produced impugned endorsement before the Division Bench. The Division Bench of this Court by its detailed

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NC: 2023:KHC:36145 WP No. 15123 of 2021

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order dated 30.03.2021 taking note of the same, disposed

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of the said contempt proceedings with following directions:

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(i) The contempt notice is discharged and the contempt petition is disposed of subject to the condition of BDA paying the costs of Rs.75,000/- to the complainant within a period of one month from today;

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(ii) It will be open for BDA to recover the amount of costs from the officers who are found responsible for the delay in implementation of the order of the Court;

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(iii) It will be always open for the complainant to file substantive proceedings for challenging the endorsement which is placed on record including the endorsement dated 26^th March 2021;

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(v) Needless to add that the Court which deals with the said proceedings will have to proceed on the footing that the letter 6^th February 2017 was not served upon the complainant;

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(vi) Though the petition is disposed of, for reporting compliance with the order of payment of costs, the petition be listed under the caption of `Orders' on 24^th May 2021."

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In sub-paragraph (v) of para 12 of the aforesaid

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order passed in the contempt proceedings, the Division

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Bench has observed that while considering the challenge

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to the endorsement dated 26.03.2021 the same has to

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NC: 2023:KHC:36145 WP No. 15123 of 2021

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proceed on the footing that the letter dated 06.02.2017 be treated as not being served on the complainant.

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In view of the above specific observation of the Division Bench of this Court, the impugned endorsement dated 06.02.2017 would not survive for consideration.

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Sri.Unnikrishnan, learned counsel for respondentBDA, in view of the aforesaid order of the Division Bench fairly submits that endorsement dated 06.02.2017 and the order dated 26.03.2021 produced at Annexure-H would be treated as show cause notice enabling the petitioner to submit the cause for consideration of the respondent-BDA. Submission taken on record.

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In view of the order passed by the Division Bench as noted above and also in view of the submission made by learned counsel for respondent-BDA this Court is of the considered view that the present petition be disposed of with the following direction:

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NC: 2023:KHC:36145 WP No. 15123 of 2021

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The endorsement/cancellation order dated 06.02.2017 and cancellation order dated 26.03.2021 produced at Annexures-G & H respectively be treated as show cause notice. The petitioner shall respond to the same within a period of four weeks from the date of receipt of certified copy of this order along with all supporting documents/material if any. On submission of such response, respondent -BDA shall pass appropriate orders in accordance with law within an outer limit of eight weeks thereafter.

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Sd/JUDGE

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SBN

Sri C M Venkataravanan v. State of Karnataka

Case brief

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Sri C M Venkataravanan v. State of Karnataka

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