High Court Karnataka High Court

Sri Vijaya Patranna Pavate vs Belgaum City Corporation on 23 July, 2009

Karnataka High Court
Sri Vijaya Patranna Pavate vs Belgaum City Corporation on 23 July, 2009
Author: Mohan Shantanagoudar
IN THE HIGH COURT OF xARNATA;«:3§' '     

CIRCUIT BENCH A'I'_{)}igf\RWAI:}"-- ::1'_';»_   V %
DATED 'I'HiS THE 2339 DAY ('gFrJ'U'4I';'§'.,_..: ~ f; 
THE HONBLE MR.JUSTICE  sf1A.~i;:*Ai~:A§;;ouE>Ar2
WRIT PE'I'FFi;) 1§i-- ;jci§.ia3 
BETWEEN:       _ '  'V V
SR1. VIJAYA, PA'fi§:.a.~£1r4A::PAitA'i;E,. '   " 

AGED ABOUT' 49 2135, re,/__Q:'r.sArssiArJAp1_?R,
'I"ALUK;   ' ...r-nrrromk

(BY SF}; DaNEs1é'sJ;-,.1§uL'Km§w1,'Aa:>v.,)
AND: ' '

BE,I.§.'§AU*M cm? Cd PC}fEA'1'§ON,

 V"  'I   ..... ..
V  BY'  CQMMISSIONER. ...RE3POHDEHT

  {By $RI; B;%,$w§S?A.FRABHU S.PA'I'iL, ADV.,)

T333 :$'E'Fff0N IS FILED UNDER ARTICLES 226 AND
227 OF THE COfi'SI'ITUTION OF INDIA PRAYING TO QUASH

THE "ENDORSEMENT D'£'.21.4.2006 VIDE A1~:NEx.c.

 {SS"Ef) BY THE RESPONDENT AS NULL AND VOID KND

THIS PE3'I'I'I'ION COMBVG ON FOR F'RELIMINARY

 BEARING IN 'E' GROUP, THIS DAY THE comm' MADE THE

FOLLOWING:~



ORDER

The petitioner was

Ne.9282/8 measuring 40′ X 59* situete at ”

Belgaum by the respondent He was
directed to deposit forthwith and
the remaining 99% te the petitioner
Within 90

V _ petitioner seems to have
deposited the 10% of site} value on

15/1;;1999″asi§e1ea§: from the document at Annexure

“”””A”‘..; the petitioner did not pay the balance

the order was issued by the

% _responde;et ‘c;ence}h’ng the allotment of site and forfeited

‘ H H iiaslue of 10% deposited by him as per Annexure

21/04/2006. The same is called in question

T Writ petition.

3. According to the petitioner, he..x §fae .,

by the respondent that he not’:

balance of 90% of the sa1e.econsi(ie1′”etion on L,

that certain litigation is pctxaigxg and
stay order is _ after
coming to lmow of is vacated, he
made _ “B” dated

09/12/2004 balance amount of

Rs.2,&2’0,f%001—noif

” «the counsel for the respondent

‘ ~–repreeentafior1 as per Annexure “B” was

oetifioner, the same cannot be accepted

inasmnch as the representation Annexure “B” seems to

A “ii been received by the respondent. Seal of the

‘ fielgaum City Corporation is put on Annexure “13”.

$5

4

Therefoxe, this Court is of the considered

the benefit of doubt should go to the petétio11e1’3. ‘-

5. Having regard to_’tbe (_JI’tfi¢_:faC1S; L’

circumstance of the ease, I the opinion
that the interest of the respondent
is directed to ‘ site in
any layout balance of 90%
of the, the rate of 21% per
till the execution of
the sale the following order is made:

‘ “C” dated 21.04.2006 stands quashed.

‘1.’he”di*es_1A3oi1fdVt5IV1t-Corporation is directed to execute sale

deed ‘i§a§our of the petitioner pertaining to the site in

A 5.’ by accepting balance of 90% with interest at

d. fiE1% per annum from November 99 till the date of

execution of the sale deed. It is made clear that site in

l