Bhimanagowda vs The Housing Commissioner And Anr
2022 Latest Caselaw 3687 Kant

                                                -1-




                                                         WP No. 203448 of 2017


                        IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                              DATED THIS THE 04TH DAY OF MARCH, 2022

                                              BEFORE
                          THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                             WRIT PETITION NO. 203448 OF 2017 (GM-KHB)
                   BETWEEN:

                   1.    BHIMANAGOWDA
                         S/O APPASAHEBGOWDA IBRAHIMPUR,
                         AGE: 35 YRS, OCC: AGRICULTURE,
                         R/O H.NO.304, MIG, TALIKOTE IIND PHASE
                         TQ. MUDDEBIHAL, DIST: VIJAYAPUR-586101
                                                                        ...PETITIONER

                   (BY SRI. AN M NAGRAL., ADVOCATE)

                   AND:

                   1.    THE HOUSING COMMISSIONER
                         KARNATAKA HOUSING BOARD
                         1ST AND 3, FLOOR CAUVERY BHAVAN
                         K.G. ROAD, BANGALURU-560009.

                   2.    THE ASST. EXECUTIVE ENGINEER
                         KARNATAKA HOUSING BOARD
Digitally signed
by
                         SUB-DIVISION VIJAYAPUR-585101
VIJAYKUMAR                                                        ...RESPONDENT'S
METI
Location: HIGH
COURT OF           (BY SRI SHIVAKUMAR MALIPATIL, ADVOCATE)
KARNATAKA
                          THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
                   CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT
                   NO.2, NOT TO CANCEL THE ALLOTMENT OF THE HOUSE
                   PROPERTY     BEARING   HOUSE    NO.304   MIG    IN    SY.NO.400/2
                   SITUATED AT TALIKOTE-II PHASE, TALIKOTE TQ. MUDDEBIHAL
                   DIST. VIJAYAPUR MEASURING EAST TO WEST 15 METER, NORTH
                   TO SOUTH 09 METER TOTAL AREA 135 SQ. METER BUILT-UP
                                     -2-




                                             WP No. 203448 of 2017


AREA 72.35 SQ. METER BOUNDED AS TOWARDS EAST- ROAD,
WEST- SITE NO. 329 LIG NORTH- HOUSE NO. 305 MIG SOUTH-
HOUSE NO.303 MIG MORE SPECIFICALLY SHOWN IN THE MAP IN
FILE NO.S.NO.KHB/AEE/BJP/PT SHEET/ /14-15 DATED 03.12.2014
COPY OF WHICH IS AS PER ANNEXURE-A IN VIOLATION OF THE
RULES OF NATURAL JUSTICE AND DUE PROCESS OF LAW AND
DIRECT TO EXECUTE THE ABSOLUTE SALE DEED AFTER
RECEIVING THE BALANCE CONSIDERATION AMOUNT.

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

The above writ petition is filed seeking a writ of prohibition

against respondent No.2 - Karnataka Housing Board (for short, 'the

KHB') not to cancel the allotment of property bearing No.304

situated in Sy. No.400/2, MIG, Talikoti-II Phase, Talikoti,

Muddebihal Taluk, Vijayapur District, made to the petitioner.

2. The case of the petitioner is that respondent No.2

-KHB has allotted the aforementioned property to the petitioner

after ensuring that the petitioner is eligible for the allotment. In

terms of the allotment, the petitioner is required to make

payment of `14,32,800/-. It is stated that the petitioner has

paid a sum of `12,32,800/- and `2,00,000/- is still due to the

second respondent-KHB. It is also submitted that there was a

WP No. 203448 of 2017

delay on the part of the petitioner in not making the remaining

payment.

3. This being the factual position, the second respondent-

KHB without cancelling the allotment made to the petitioner,

published a notification for auction of the property allotted to the

petitioner which made the petitioner approach this court for the

relief mentioned above.

4. This court considering the interim prayer made in the

petition granted the interim prayer, as such, the property which is

allotted to the petitioner is not yet auctioned and the petitioner is

still in possession of the said property.

5. It is brought to the notice of this court that the Co-

ordinate Bench of this Court in Writ Petition No.207512/2015 (LA-

KHB) in terms of the order dated 22.03.2021 has permitted the

allottee to make balance payment along with interest as applicable

under the relevant rules despite allottee missing the deadline for

payment. This order is passed pursuant to the judgment of the Co-

ordinate Bench of this Court in the matter of Rudragouda Vs. The

Housing Commissioner, Karnataka Housing Board in

W.P.No.206788/2015 dated 26.11.2019.

WP No. 203448 of 2017

6. The learned counsel for the second respondent - KHB

on instructions would submit that respondent No.2 is ready to

receive the balance consideration amount of `2,00,000/- along with

interest as applicable under the rules. Learned counsel for the

petitioner submits that petitioner is ready to pay the balance

consideration amount along with applicable interest on the said

amount.

7. Considering the submission made at the Bar, this court

finds that this is a fit case that the writ petition needs to be allowed.

Hence, the following :

ORDER

Writ petition is allowed.

The respondents shall communicate to the petitioner the

amount payable by the petitioner along with interest and such

communication shall be sent within thirty days from the date of

receipt of a certified copy of this order.

The petitioner shall pay the said amount within thirty days

from the date of the communication.

WP No. 203448 of 2017

Pursuant to the payment, the second respondent - KHB shall

execute the registered sale deed in favour of the petitioner in

respect of the petition property.

Sd/-

JUDGE SN