IN THE HIGH comm' OF KARNATAKA,
DATED mm 13TH DAY OF»AA?RIL_'§2QQ§V..V:V*'
BEFORE * % V
THE I~ION'BLE MR. JUSTICE§'L_.NARA,YAI§A-$'£¥?AM*{:
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BE'I'WEEN. %%%% L
1 RAMDEEP EUELETECPE ,,(:NI31A)
PRIVATE L115/£I'E'.ED ' %
SANDEEPNELAYAM, REDDY COLONY
SE:jJE'O.R-C, 'BASAVANAGAR,
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:R:s:PFéESENtIfE;3 BY ITS DIRECTOR,
_c.RA:»1A;A_I--I. REDDY I>E'm*10NER
my SR1P;$ MANJUNATH & H.C SHWARAMU : ADV )
% %%15" STATE 012 KARNATAKA
°-B Y"I'I'S FRINCIPAL SECREFARY T0 GOVERNMENT
DEPARTMENT OF REVENUE
" "M.S.BUH4DIN(}, BANGALORE 560001
A % W2 THE DEPUTY CQMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE _
3 THE SPECIAL DEPUTY COMMISSIONER
PREVENTION OF UNAUTHORISED
CONSTRUCTION CELL
OFFICE OF THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE
(By SR1 SATYANARAYAN SINGH, " * _ A'
THIS WRIT ?E'I'l'I'ION FELEIZ) PRA¥IN;:} ~'iI'(f)'»._II:1~IR'§;"3Ci'3.""*--.
SECOND RESPONDENT TO tREFUvNt:s, RS._I1; 6i8,?5,'000/;"_
ALQNG WITH INTEREST AT 18°_x6*~p.a. mew ores
DEPOSIT TILL THE DATE 01? pAwy:ENT A’NS’AI,SOv;’COST OF
THIS PROCEEDIGNS.
mus up c:omu-Ma an Fonz H66-°*?w§52 t3s:’:7i’:c5′:aéj4 ccamér” room, comm’
Mfifif ‘TI-IE” Fm.u0L–.hr£(v;_; !t/ 2 ‘ ‘
§’e;tti:i:::.I1er.S ‘-pxjtayver for direction to the respondent to
‘ ytRs.té:fs,i;,tooo/– aiong with interest @ 13%. The
notificaticm dated 15/ 06 /2007 as per
‘A;1nex1ire–A..’: auctioning the public. property a land
guntas in SY. No. 87 of Byatarayanapura
Yelahaxxka Hobli, Bangalore Nerth. Pursuant to the
‘T . . _ _ e%{1id’fi9tificafion the petitioner participated in the auction and
tttiefiposited the amount refezred to above. Thereafter,
according to the rzotificatien auction was held and the
V
T
petitioner was the highest bidder and he deposited
amount. It was thereafter founci efietietled T
was net available to hand over t9 the rietifiener, 3
2. Hence he to the
respondents to retmfri basis of his
representation Ceri§n; _ieevi:ef1ep.V:fegommended this
case to the 06/09/2008. The
13efifi°ner auction was notified
under sect:ie;3j”69 Revenue Act 1964. The
auctien “S£.at1’1.Vt(iZ’_VJ set attracts public duty. Aflzer the
eefi2pI3’ance of terms & conditions of auction it is
the %¢r~r1;¢;-gponaen: to hand over the property to the
fiitifioner or returning the deposited amount to the
‘4:’fiet:1ftieI¥er. Bet in this case either of the things have not been
3. Petitioner Counsel relied on judment in (2004)
3SCC 553 (ABL Internationai Ltd., and Another V/s Export
Credit {Imrarantee Cerporation ef India L1:d.,_ i
submitted that Whenever there is A ‘4
state in dischargng its public gmty fi’1o {zght it.1vis.,
in nature, High Court can by power
under Articie of 226 of ‘Vfie%%a1so relied
on another judment in (KLR -~ RES)
disposed of on has issued such
directions to the amount. Hence the
learned _’eVt;bII1itted to issue direction
to the reseomfient’ :5 deposited amount of Rs.
68,75,009/’.V1. , -_ ._
Government Advocate submitted that
vteheze ieka dieqzielfiicafion clause in the notification at Item
of A1iIi.exure-A and alse submitted that under such
been ageed by the petitioner and therefore he is
V , _ er1¥;it1ed to the reliefs prayed for in this Writ Petition.
5. I heard the arguments made by both the parties.
6. The Government pleastier _v ‘
judgment produced by the pet:it,i_or1ei*”” V
6203/2008 (KLR~–RES) wherein tne:fpe:~ee¢ncrk’§was to
pay 75% of the amount foo by the
Pfititioner. A» ‘V
7. It that the public
property to be auctioned by
issuing a notitioationiéoo’ petitioner participated
end he ifiévfieet bidder. Thereafter he made
to hand over the property to him
hue it difficult in handing over the same
T’ it beexeeonverted into public: road. Accordingly he
‘ request: to refund him the amount
While issuing notice A11nexure~–A it is out of
provision Section 64A of the Land Reforms Act. It
is a public duty on the part of the respondent to auction the
“T
property cenferring right on the is 3 Vjitize»
requirement of Annexure~A to depoeit file ”
duty was fastened to the responde,t_1 f– to ‘ever
property to him which could not”VEreTdone as praperty itself
was not available. aiscs Vemitied for
relief as prayed in the p<itit1;c')fl1-A._ ' '
e
" is aliowed. The first respondent is directed
to on Annexure -~ 13;' within a period of
T' months date of receipt of copy of this order. With
' Petition is disposed of)".
sal-
Judge
BSV