K V SHIVAKUMAR Vs. APPROPRIATE AUTHORITY

JUDGEMENT

(1.) In the instant case, there was compulsory purchase of the property which was sought to be sold. It is not in dispute that after the compulsory purchase, the property was put to auction. The applicant-Shivkumar bid for Rs. 2,77,00,000.00 and a sum of Rs. 47,01,000.00 was deposited with the Department. This compulsory purchase has been set aside by this Court and as a result thereof the said amount of Rs. 47,01,000.00 is claimed by the applicant along with interest. It is the case of the Department that out of the bid amount only a sum of Rs. 47,01,000.00 was deposited and the balance was not deposited and, therefore, the amount deposited is liable to be forfeited.

(2.) Mr. Gopal Subramanium, the learned senior counsel appearing for the legal representatives of the respondent D.P. Sharma states that his client had contributed 1/3rd of this amount as a joint purchaser and the entire sum of Rs. 47,01,000.00 is not due and payable to Shivkumar. It is stated that some litigation (WP No. 40340 of 2001) is going on between the parties in the High Court at Bangalore.

(3.) In our opinion, as far as the Department is concerned, it is certainly not entitled to retain the sum of Rs. 47,01,000.00 which had been deposited pursuant to the auction sale when the compulsory purchase itself has been set aside. It is the case of the Department now before us that this amount has been forfeited because the balance amount had not been deposited. There is nothing on record to indicate the action of any such forfeiture. Furthermore, it is not for this Court to go into the question as to whether whole or any part of this amount of Rs. 47,01,000.00 is to be refunded to Shivkumar alone or someone else is also entitled to have a share in it.