The Commissioner Kalaburagi Urban ... vs Shailaja W/O Padmakar Yalasangand Anr
2024 Latest Caselaw 12401 Kant

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

NC: 2024:KHC-K:3592-DB

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:

NC: 2024:KHC-K:3592-DB

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

Ct;Vk