Karnataka High Court
The Commissioner Kalaburagi Urban ... vs Shailaja W/O Padmakar Yalasangand Anr on 4 June, 2024
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NC: 2024:KHC-K:3592-DB
WA No.200207 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO.200207 OF 2022 (LA-RES)
BETWEEN:
THE COMMISSIONER,
KALABURAGI URBAN
DEVELOPMENT AUTHORITY,
KALABURAGI,
BESIDE MINI VIDHANA SOUDHA,
KALABURAGI.
...APPELLANT
(BY SRI. SHIVAKUMAR TENGLI, ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA 1. SMT. SHAILAJA
SHIVARAJ
DHUTTARGAON W/O PADMAKAR YALASANG,
Location: HIGH
COURT OF
AGE: 57 YEARS,
KARNATAKA OCC: HOUSEWIFE,
R/O: J.K. PUJARI DEVAL GANGAPUR,
TQ: AFZALPUR,
DIST: KALABURAGI - 585 102.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
OF VIKASA SOUDHA,
BANGALORE - 560 001.
...RESPONDENTS
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NC: 2024:KHC-K:3592-DB
WA No.200207 of 2022
(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE FOR R1;
SRI MALLIKARJUN C. BASAREDDY, A.G.A., FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
IMPUGNED ORDER OF THE LEARNED SINGLE JUDGE DATED
08.07.2022 PASSED IN WRIT PETITION NO.226084/2020
(GM-RES) AND DISMISS THE WRIT PETITION AND ALSO
GRANT SUCH OTHER OR FURTHER RELIEF OR RELIEFS AS THIS
HON'BLE COURT MAY DEEMS FIT, IN THE CIRCUMSTANCES OF
THE CASE, IN ENDS OF JUSTICE AND EQUITY.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellant aggrieved by the order dated 08.07.2024 in W.P.No.226084/2020(GM-RES) passed by the learned Single Judge has filed the present appeal.
2. The issue before the learned Single Judge was in respect of cancellation of allotment order for non- payment of required consideration price within the stipulated period. The learned Single Judge placing the reliance on the judgments of the Division Bench of this Court in the case of Sri Mahesh Vs. Mysore Urban -3- NC: 2024:KHC-K:3592-DB WA No.200207 of 2022 Development Authority in W.A.No.6084/2015 disposed of on 06.11.2019 and in the case of Maralingappa Vs. The Chairman and another, in W.P.No.221317/2020 disposed of on 08.12.2021.
3. The learned counsel for the appellant submits that there was an inordinate delay by the allottee to pay the amount. Now, the issue raised in this appeal is squarely covered by the decision of co-ordinate Bench of this Court in W.A.No.6084/2015, disposed of on 06.11.2019 and also in W.A.No.200206/2022 in the case of The Commissioner, Kalaubragi Urban Development Authority, Kalaburagi Vs. Siddanna and another, disposed of on 09.12.2022.
4. The learned counsel for the appellant further submits that the appeal be disposed of in terms of the order passed in W.A.No.200206/2022. The submission of the learned counsel is placed on record.
5. In view of the above submissions, we pass the following:
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NC: 2024:KHC-K:3592-DB WA No.200207 of 2022 ORDER
i) The writ appeal is allowed in part.
ii) The order passed by the learned Single Judge is modified with a direction to the petitioner to pay an amount of Rs.2,50,000/- over and above the amount already paid by the petitioner to the Commissioner, Kalaburagi Urban Development Authority within a period of 03 months from the date of receipt of copy of this order.
iii) The appellant shall execute necessary agreement/deeds in favour of the petitioner i.e., respondent No.2 within four weeks thereafter.
Sd/-
JUDGE Sd/-
JUDGE BL List No.: 1 Sl No.: 33 Ct;Vk