Karnataka High Court
Sri Chandrashekara K vs State Of Karnataka on 12 February, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2025:KHC:6329
WP No. 62618 of 2016
C/W WP No. 38167 of 2016
WP No. 38183 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 62618 OF 2016 (LB-RES)
C/W
WRIT PETITION NO. 38167 OF 2016 (LB-RES)
WRIT PETITION NO. 38183 OF 2016 (LB-RES)
IN WP No. 62618/2016
BETWEEN:
1. SMT SUNITA TANTIA
W/O PRADEEP KUMAR TANTIA
AGED ABOUT 50 YEARS,
#977, 26TH MAIN, 13TH CROSS,
J.P.NAGAR 2ND STAGE,
MYSURU-570008
...PETITIONER
Digitally
(BY SRI. K R LINGARAJU., ADVOCATE)
signed by
KIRAN
KUMAR R AND:
Location:
HIGH
COURT OF 1. MYSURU URBAN DEVELOPMENT AUTHORITY
KARNATAKA
REPRESENTED BY ITS COMMISSIONER
J.L.B ROAD. MYSURU-570 007
...RESPONDENT
(BY SRI. T.P.VIVEKANANDA., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE
CANCELLATION ORDER DATED.13.2.2003 ISSUED BY THE
RESPONDENT VIDE ANNEXURE-A, ETC.
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WP No. 62618 of 2016
C/W WP No. 38167 of 2016
WP No. 38183 of 2016
IN WP NO. 38167/2016
BETWEEN:
1. SRI CHANDRASHEKARA K
S/O P R KONARI CHETTIAR
AGED ABOUT 46 YEARS
#42, SONAR BEEDI
CHAMARAJA MOHALL
MYSORE
2. SRI P SWAMY
S/O LATE PAPAIAH
AGED ABOUT 67 YEARS
NO.176, 2 E BLCOK
12TH MAIN, J P NAGAR
MYSORE-560068
3. SRI PRASANNA KUMAR A S
S/O A H SHANKARA MURTHI
AGED ABOUT 49 YEARS
NO.L.I.G 15, 13TH CROSS
GANGOTHRI LAYOUT
MYSORE-570009
4. JAYAMMA
W/O LATE S RAMU
AGED ABOUT 66 YEARS
NO.4817-5, RAJENDRA NAGAR MAIN ROAD
MYSORE-570022
5. D MOHAN
S/O LATE D DHONDU RAO
AGED ABOUT 64 YEARS
NO.443, 18TH CROSS, 23RD MAIN
2ND STAGE, J P NAGAR
MYSORE-570008
6. SRI SRINIVASA RAO KADAM
S/O LATE SHANKAR RAO KANDAM
AGED ABOUT 55 YEARS
NO.1031, 2ND STAGE, 2ND PHASE
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WP No. 62618 of 2016
C/W WP No. 38167 of 2016
WP No. 38183 of 2016
J P NAGAR,
MYSORE-570008
7. P M UTHAPPA
S/O P M MADHAPPA
AGED ABOUT 66 YEARS
No.9., BLOCK-15, SBM COLONY,
2ND STAGE, SRIRAMPURA.,
MYSURU-570023.
8. UMESH KUMAR K C
S/O K CHANABASAVAPPA
AGED ABOUT 52 YEARS
NO.945, BANGARPET TOWN
KOPPA, BANGARPETE
KOLAR-563114
9. ALLABAKASH
S/O ANZAD PASHA
AGED ABOUT 48 YEARS
MOULANA PEER KA MAKAN
III INFENTARY POLICA LINE
OPPOSITE, MYSORE-570007
10. DAKSHAYANI D R
W/O RADHA KRISHNA HEBBAR
AGED ABOUT 50 YEARS
#586, 9TH MAIN, 4TH STAGE
T K LAYOUT, MYSORE
11. AMJAD PASHA, S/O LATE ABDUL KHUDDUS
AGED ABOUT 49 YEARS
#1674, 4TH CROSS, S A R ROAD
RAJIV NAGAR, IIND STAGE
IIND PHASE, MYSORE-570017
12. N GALI REDDI, S/O LATE N BODI REDDY
AGED ABOUT 77 YEARS
#55A, HOUSING BOARD COLONY
CHANNARAYA PATNA TALUK, HASSAN DISTRICT
...PETITIONERS
(BY SRI. K R LINGARAJU., ADVOCATE)
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WP No. 62618 of 2016
C/W WP No. 38167 of 2016
WP No. 38183 of 2016
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS URBAN DEVELOPMENT
DEPARTMENT
VIKASA SOUDHA
DR B R AMBEDKAR ROAD
BANGALORE-01
2. MYSORE URBAN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
J L B ROAD, MYSORE-570001
...RESPONDENTS
(BY SRI. BOPANA BELLIAPPA., AGA FOR R-1;
SRI.T.P.VIVEKNANDA., ADVOCATE FOR R-2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA., PRAYING TO QUASH THE
CIRCULAR DATED 04.02.2011, DATED 23.04.2007 BOTH ARE
ISSUED BY THE R-1 AND CANCELLATION ORDERS
DATED:23.04.2001, 25.09.2004, 25.11.2004, 12.04.2005,
26.12.2002 AND 24.03.2005 FOR PETITIONER 1, 2, 3, 5, 6, 7,
9 AD 12 ANNEXURES-A, B, C, C1, C2, C3, C4, C5 & C6, ETC.
IN WP NO. 38183/2016
BETWEEN:
1. KUMAR R P
S/O LATE P R PERUMAL,
AGED 44 YEARS
# 609/2,VEENE SHESHANNA ROAD,
8TH CROSS,K.R MOHALLA
MYSURU-570 024
2. ASMA KAUSAR
W/O NAYAZ AHAMED SHARIFF,
AGED 41 YEARS
# 2944,DAWOOD KHAN ROAD,
LASHKAR MOHALLA,
MYSURU-570 001
-5-
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WP No. 62618 of 2016
C/W WP No. 38167 of 2016
WP No. 38183 of 2016
3. SALIM KHATOON
W/O GULAM MOHAMED BIJALI,
AGED ABOUT 80 YEARS
# 160,4TH CROSS,
UDAYAGIRI, MYSURU-570 019
...PETITIONERS
(BY SRI. K R LINGARAJU., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BENGALURU-560 001
2. MYSORE URBAN DEVELOPMENT AUTHORITY
RERPESENTED BY ITS COMMISSIONER,
J.L.B.ROAD, MYSORE-570 007
...RESPONDENTS
(BY SRI. BOPANA BELLIAPPA., AGA FOR R-1;
SRI.T.P.VIVEKANANDA., ADVOCATE FOR R-2)
THIS WP IS FILED UNDER ARTICLES 226 AD 227 OF THE
CONSTITUTION OF INDIA., PRAYING TO QUASH THE
CIRCULAR DATED 04.02.2011, GOVERNMENT ORDER DATED
23.04.2007 BOTH ARE ISSUED BY R-1, CANCELATION ORDER
DATED 27.3.2006 AND 05.06.2004 OF PETITIONER NO.2 AND
3 ISSUED BY R-2 VIDE ANNEXURE-A, B AND C
RESPECTIVELY, ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
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WP No. 62618 of 2016
C/W WP No. 38167 of 2016
WP No. 38183 of 2016
ORAL ORDER
1. These writ petitions are filed by the allottees who
had defaulted in payment of balance sital value.
2. An earlier batch of similar defaulters had approached
this Court unsuccessfully and ultimately the matter
reached the Apex Court, whereby the Apex Court set
aside the orders of dismissal passed by the learned
Single Judge which had been affirmed by the Division
Bench and granted liberty to them to urge all factual
and legal contentions available to them in law before
the Revisional Authority i.e., the Government and
directed the Revisional Authority to consider the
request of the defaulters on their merits in
accordance with law.
3. Learned counsel for the petitioners points out that
another batch of defaulters had approached this
Court in W.P.No.50892-895/2012 and the learned
Single Judge had also dismissed said petitions on
18.01.2014, as against which, an appeal was
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preferred by the unsuccessful allottees in
W.A.No.6075-6078/2015. A Division Bench, by an
order dated 18.09.2017 disposed of the appeal in the
following terms:
"3. In these writ appeals, an order is
impugned, which was passed on the basis of
the Division Bench judgment of this Court.
4. Our attention has been drawn by the
learned advocates appearing for the parties,
that the Supreme Court of India, on July 26,
2016, in a batch of special leave petitions, set
aside the said order of the Division Bench,
which has been the basis of the order
impugned. The parties were granted liberty to
urge all factual and legal contentions available
in law before the Revisional authority and the
Revisional Authority was directed to consider
the same in accordance with law.
5. Therefore, the impugned order is set
aside. Liberty is granted to the writ petitioners
to file a revisional application before the
Revisional Authority under the provisions of the
Karnataka Urban Development Authorities Act,
1987, by four weeks.
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6. If such an application is filed, the
Revisional Authority shall consider the matter
in accordance with law. We express no opinion
on the merits.
7. The writ appeals stand disposed of."
4. The present batch of writ petitions are also by
allottees who had defaulted in payment of balance
sital value. In my view, since the Division Bench has
relegated similarly placed allottees who had
defaulted in payment of balance sital consideration to
avail the revisional remedy available under the
Karnataka Urban Development Act, it would be
appropriate to dispose of the petitions by granting
liberty to the petitioners to approach the Revisional
Authority and submit their representations/revision
petitions requesting for acceptance of balance sital
value. The Revisional Authority shall consider the
claims in accordance with law.
5. It is also stated by the learned counsel for the MUDA
that the Government is seized of similar revision
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petitions, which are more than 100 in number. In my
view, it would, therefore, be appropriate to direct the
Government to consider all these matters and pass
appropriate orders in accordance with law.
6. It is needless to state that all contentions of both the
parties are left open to be agitated before the
Government.
7. The writ petitions are accordingly disposed of.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PKS
