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Karnataka High Court
Mohd Gouse Mohiuddin vs The State Of Karnataka And Anr on 6 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2204
WP No. 202835 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 202835 OF 2024 (LB-RES)
BETWEEN:
SRI MOHD GOUSE MOHIUDDIN
S/O LADALEY SAB,
AGED ABOUT 40 YEARS, OCC: PRIVATE WORK,
R/O H. NO. 6-272/A, MUSLIM CHOWK ROAD,
NEAR KHUNI ALOWA MASJID,
4TH MAKAN MOMINPUR, KALABURAGI-585104.
...PETITIONER
(BY SMT. BHAGYASHREE R.K, ADVOCATE)
AND:
Digitally signed
by SACHIN 1. THE STATE OF KARNATAKA,
Location: HIGH REPRESENTED BY ITS SECRETARY
COURT OF
KARNATAKA URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BENGALURU-560001.
2. KALABURAGI URBAN DEVELOPMENT AUTHORITY,
REPRESENTED BY ITS COMMISSIONER,
NEAR MINI VIDHANA SOUDHA, STATION ROAD,
KALABURAGI-585102.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1
SRI SHIVAKUMAR R. TENGLI, ADVOCATE FOR R2)
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NC: 2026:KHC-K:2204
WP No. 202835 of 2024
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS
THE FOLLOWING ORDERS. A) ISSUE A WRIT IN THE NATURE
OF CERTIORARI TO QUASH THE ENDORSEMENT DATED
10.09.2024 BEARING NO.PÀ£¥
À Áæ/¤.ºÀ/ªÀiÁºÀ/628/2011-12/1619 AS
AT ANNEXURE-D ISSUED BY THE 2ND RESPONDENT
AUTHORITY AND DIRECT THE RESPONDENTS TO ACCEPT THE
BALANCE CONSIDERATION AMOUNT AND TO EXECUTE THE
SALE DEED IN HIS FAVOUR IN RESPECT OF THE SITE NO.269
MEASURING 12*18 METERS AT MSK MILL STAGE-II
MADARASAN HALLI, HOUSING PROJECT, KALABURAGI.
B) PASS ANY ORDER OR ORDERS WHICH MAY BE DEEMED FIT
BY THIS HON'BLE COURT IN THE CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. This writ petition under Article 226 of the Constitution of
India is filed seeking for the following reliefs:-
"a) Issue a Writ in the nature of Certiorari to quash
the endorsement dated 10.09.2024 bearing No.
À Áæ/¤.ºÀ/ªÀiÁºÀ/628/2011-12/1619 as at Annexure-D
PÀ£¥
issued by the 2ndRespondent authority and direct the
respondents to accept the balance consideration
amount and to execute the sale deed in his favour in
respect of the site No.269 measuring 12*18 meters
at MSK Mill Stage-II Madarasan Halli Housing
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HC-KAR
Project, Kalaburagi, in the interest of justice and
equity.
b) Pass any order or orders which may be deemed fit
by this Hon'ble Court in the circumstances of the
case."
2. Heard the learned counsel for the parties.
3. Petitioner was allotted site bearing No.269 measuring 12
x 18 metres at MSK Mill Stage 2, Madarasan Halli, under the
Housing Development Project, Kalaburagi and he was required
to pay a sum of Rs.4,80,000/- towards the consideration of the
site. On the ground that petitioner had not deposited entire
amount which he was required to deposit, respondent No.2 vide
endorsement at Annexure - D dated 10.09.2024 has cancelled
the allotment of the aforesaid site. It is under these
circumstances, the petitioner is before this Court.
4. The material on record would go to show that in identical
circumstances, this Court in WP.No.88040/2012 had set-aside
similar endorsement and directed the petitioner therein to
deposit additional sum of Rs.1,00,000/- with respondent
authority and observed that if such a deposit is made, the
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HC-KAR
authority shall execute lease cum sale agreement in favour of
the petitioner. Following the said judgment, similar orders were
passed by this Court and one such order passed in WP
No.203479/2017 dated 23.07.2019 was questioned by
respondent No.2 before the Division Bench of this Court in WA
No.200162/2019, which was disposed off on 28.02.2020. In the
said case, considering the fact that petitioner had belatedly
approached this Court, the Division Bench modified the order
passed by the learned Single Judge in WP No.203479/2017 and
directed the petitioner therein to pay a sum of Rs.5 lakhs over
and above the amount which he was liable to pay.
5. In the present case, out of the amount of Rs.4,80,000/-,
which the petitioner was liable to pay, he allegedly has
deposited a sum of Rs.80,000/- and is due to deposit balance
amount of Rs.4,00,000/-. In WA No.200206/2022 disposed off
by another Division Bench of this Court on 09.12.2022 taking
into consideration the measurement and the value of the site
which was lesser than the measurement and value of the site
which was the subject matter of WA No.200162/2019, the
Division Bench of this Court had directed the allottee to pay
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HC-KAR
additional amount of Rs.2,50,000/- over and above the amount
which he was liable to pay. Under the circumstances, the
following order:-
6. The writ petition is allowed. The impugned endorsement
at Annexure-D dated 10.09.2024 is quashed. Petitioner is
directed to deposit balance amount of Rs.4 lakhs along with
additional amount of Rs.6 lakhs before respondent No.2
authority within a period of three months from the date of
receipt of a copy of this order.
7. In the event, such a deposit is made, respondent No.2
authority shall execute necessary agreement/deeds in favour of
the petitioner within a period of six weeks thereafter.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
List No.: 1 Sl No.: 46
Ct:pk
