Karnataka High Court
The Kalaburagi Urban vs Sharanappa And Anr on 5 August, 2024
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2024:KHC-K:5646-DB
WA No. 200023 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO.200023 OF 2024 (LB-RES)
BETWEEN:
THE KALABURAGI URBAN
DEVELOPMENT AUTHORITY,
REPRESENTED BY COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
KALABURGI - 585 102.
...APPELLANT
(BY SRI NARENDRA REDDY, ADVOCATE)
AND:
Digitally signed 1. SRI SHARANAPPA
by SHILPA R
TENIHALLI S/O MAHADEVAPPA HOTTE,
Location: HIGH AGE: 70 YEARS,
COURT OF OCC: AGRICULTURE,
KARNATAKA
RESIDENCE OF 9-481/1A,
SHAHABAZAR,
KALABURAGI- 585 105.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
BENGALURU- 560 001.
...RESPONDENTS
(BY SRI MAHESH PATIL, ADVOCATE FOR R1;
SRI MALLIKARJUN C. BASAREDDY, GA FOR R2)
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NC: 2024:KHC-K:5646-DB
WA No. 200023 of 2024
THIS WRIT APPEAL IS FILED U/SEC. 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 18.08.2023 PASSED BY THE
LEARNED SINGLE JUDGE AT KALABUARGI IN W.P.
NO.200976/2022 BY ALLOWING THE WRIT APPEAL AND
REMAND THE MATTER TO LEARNED SINGLE FOR FRESH
CONSIDERATION, IN THE INTEREST OF JUSTICE ETC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
The present writ appeal has been filed by Kalaburagi
Urban Development Authority, which was a respondent in
the writ proceedings, challenging the order of the learned
Single Judge, whereby, the learned Single Judge has
disposed of the writ petition by observing that the matter
is covered in terms of the order passed in
W.P.No.88040/2012 and confirmed by the Division Bench
in W.A.No.50350/2013.
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2. Parties are referred to by their ranking in the
writ proceedings.
3. The petitioner had questioned the validity of the
endorsement dated 06.01.2022 issued by the second
respondent, cancelling the auction sale of plot No.546/A,
Stage-1, Block-3 situated at Badepur layout. It is the
case of the petitioner that by virtue of the endorsement at
Annexure-E, out of the deposited amount, 25% of the bid
amount was forfeited and there was a cancellation of the
auction proceedings. Such endorsement having been
challenged, the learned Single Judge has disposed of the
writ petition as noticed above.
4. The contention of the second respondent is that
the order referred to by the learned Single Judge of the
Coordinate Bench and affirmed by the Division Bench
relates to a different factual matrix of allotment of site and
where the allottee was permitted to make payment
beyond the time provided for allotment on certain terms.
It is submitted that an auction sale is governed by
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different conditions as made out in the auction notice and
will have to be dealt with differently. Such submission
requires acceptance, as an auction sale would be governed
by the conditions in the auction notice and cannot ipso
facto be treated on par with the regular allotment.
Noticing that there is no finding by the learned Single
Judge as regards the conditions of auction, the matter
requires reconsideration.
5. Accordingly, writ appeal is disposed of. The
order passed in W.P.No.200976/2022 is set aside. The
matter is remitted for fresh consideration. All contentions
of both sides are kept open.
It is clarified that the present order passed will not
have affect of disturbing the findings in the other writ
petitions, which the learned counsel for the second
respondent fairly submits that relates to regular
allotments.
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I.A.3/2024 and I.A.4/2024 are disposed of as not
calling for any adjudication in the light of disposal of the
writ appeal.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
SRT
CT:BN
