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