SYED AHMED SHAH HUSSAINI, S/O SYED MUSHID PEER HUSSAINI Vs. THE COMMISSIONER, KARNATAKA HOUSING BOARD AND THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) THE Petitioner has raised the challenge to the notice, dated 13.10.2010 (Annexure -C) and the order, dated 21/23.10.2010 (Annexure -E) issued by the Respondents.

(2.) THE facts of the case in brief are that the Petitioner was allotted site No. 663/ODD measuring 15.1 x 26 sq.ft., HIG - II Class for a consideration of Rs. 23,24,271/ - on 9.9.2009. As per the terms of allotment, the Petitioner was required to pay the entire allotment consideration on or before 25.1.2010. The Petitioner had paid only Rs. 9,85,000/ -. The Respondents, in all fairness, extended the time for making the balance payment. In this regard, they issued the notices, dated 23.3.2010 and 13.10.2010. As the Petitioner defaulted in making the balance allotment consideration even within the extended time, the Respondents were constrained to cancel the allotment forfeiting 25% of the amounts.

(3.) SRI R.A. Kulkarni, the learned Counsel for the Respondents submits that the Petitioner did not adhere to the prescribed payment schedule at all. Even when the Respondents extended the time for making the balance payment by nearly nine months, the Petitioner did not clear the amounts. He has also relied on this Court's decision in the case of Ashok K. Babu Vs. State of Karnataka, ILR (1995) KAR 161 to advance the contentions that, if an allottee defaults in making the payments on schedule, the Respondents may pass the cancellation order without issuing the show cause notice and without hearing the allottee.