Sanna Thayamma vs Mysore Urban Development Authority on 25 August, 2012

[Cites 2, Cited by 0]

Karnataka High Court

Sanna Thayamma vs Mysore Urban Development Authority on 25 August, 2012

Bench: Ram Mohan Reddy

                            -1 -

     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 25TH DAY OF AUGUST, 2012

                          BEFORE

        HON'BLE MR. JUSTICE RAM MOHAN REDDY

            W.P.No.39900/2010 (LB-RES)
BETWEEN:

SANNA THAYAMMA
W/O LATE KARIYAPPA
AGED ABOUT 65 YEARS
R/AT NO.2436, 6TH CROSS
KAILASHPURAM,
MANDI MOHALLA
MYSORE.
                                        ... PETITIONER

(BY SRI P.MAHESHA, ADV.,)

AND:

1.     MYSORE URBAN
       DEVELOPMENT AUTHORITY
       J.L.B.ROAD, MYSORE-23
       BY ITS COMMISSIONER

2.     THE STATE OF DKARNATAKA
       URBAN DEVELOPMENT DEPARTMENT
       M.S.BUILDINGS, BANGALORE-1
       BY ITS SECRETARY
                                      ... RESPONDENTS

(BY SRI P.S.MANJUNATH, ADV., FOR R1
    R2-SERVED)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DT.26.6.10, ISSUED BY THE R1 VIDE
ANNEXURE-H AND DIRECT THE R1 AUTHORITY TO CONSIDER
THE    REPRESENTATION     OF    THE  PETITIONER    VIDE
                          -2 -

ANNEXURES-E, F, G & G1 & TO COLLECT THE BALANCE SALE
CONSIDERATION AMOUNT WITH INTEREST & EXECUTE THE
SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF
SITE NO.618 SITUATED AT VIJAYANAGAR 4TH STAGE, AT
MYSORE.


    THIS WRIT PETITION COMING ON FOR FURTHER
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

Petitioner's application for allotment of a site fructified into an allotment by communication dated 31.7.1998, Annexure-A, informing the petitioner of allotment of site bearing No.618, measuring 20 feet x 30 feet, in Vijayanagar, 4th Stage, 3rd Phase Extension, formed by the respondent-Mysore Urban Development Authority, for short MUDA, and that the petitioner having paid Rs.1,500/- being 15% of the sital value of the site was required to pay the balance of Rs.8,320/- within 90 days therefrom and execute the lease cum sale agreement. It appears, petitioner did not pay the balance value of site within 90 days and therefore, the respondent-MUDA issued an endorsement, Annexure-B, calling upon the petitioner to pay the balance of Rs.8,320/- together with interest thereon for the period

-3 -

of delay in payment as a final chance. Petitioner is said to have approached the Authorities of the respondent- MUDA who directed deposit of Rs.8,513/-, from out of which, Rs.2,530/- was appropriated towards interest and the balance of Rs.5,983/- towards the value of the site and issued a receipt, Annexure-C. Petitioner did not pay the balance of Rs.2,337/- towards the value of the site but made several representations, Annexures-D, E, F, G and G1, which was responded by endorsement dated 26.6.2010, Annexure-H, of the respondent-MUDA indicating the failure of the petitioner to pay the entire value of the site and therefore, her request can not be considered. Hence, this writ petition.

2. Heard the learned counsel for the parties, perused the pleadings and examined the endorsement impugned.

3. Sri T.P.Vivekananda, learned counsel for the respondent-MUDA submits that if the petitioner deposits the balance of the value of the site with interest

-4 -

at 21% per annum from the date on which the payment was due upto today totaling to Rs.6,750/-, the respondent-MUDA would consider the application and accordingly, take action to allot the site and the petitioner may execute the lease cum sale agreement, in view of the fact that substantial amount towards the value of the site and interest was paid by the petitioner under the receipt Annexure-'C' in terms of Annexure-B, endorsement.

4. There is force in the submission of learned counsel for the respondent-MUDA. Learned counsel for the respondent does not oppose the submission and submits that if granted four weeks time, the petitioner would pay the said sum with interest upto the date of payment.

5. In the result, this petition is allowed in part. The endorsement, Annexure-H, is quashed. A direction is issued to the respondent-MUDA to receive the balance of the value of the site together with interest till

-5 -

the date of payment, (Rs.6,750/- as on today plus interest on Rs.2,337/- from today upto the date of payment) provided payment is made within four weeks from today. It is needless to state that both the parties may take action to execute the lease cum sale agreement and put the petitioner in possession of site No.618.

Sd/-

JUDGE PB

Unlock Advanced Research with PRISMAI

Karnataka High Court