LAWS(KAR)-2010-5-26

ZILLA PANCHAYAT HASSAN Vs. BRAHMANAND P K

Decided On May 25, 2010
ZILLA PANCHAYAT, HASSAN Appellant
V/S
BRAHMANAND P.K Respondents

JUDGEMENT

(1.) These appeals are filed by the appellant-Zilla Panchayat Hassan, against the common order dated 20th September, 2005 passed by the learned single Judge in W.P.Nos. 45195/2004 and connected matters, so far as it relates to awarding interest at 18% p.a., from the date of deposit up to the date of payment.

(2.) The brief facts of the case are: Respondents 1 to 4 herein have filed Writ Petition No. 45195/2004 and connected matters before the learned single Judge of this Court seeking appropriate reliefs, contending that, they are the auction purchasers having offered the highest bid for purchase of shop premises notified for auction by the Zilla Panchayat on 28.7.1999 and they have deposited the entire bid amount. The Zilla Panchayat instead of issuing confirmation letter after accepting the highest bid amount, has passed a resolution and issued the impugned endorsement, cancelling the auction and the bid and directed the respondents to take back the bid amount deposited by them. The said petitions had come up for consideration before the learned single Judge on 20th September, 2005. The learned single Judge has allowed the said writ petitions in part and directed the Zilla Panchayat to refund the amounts received by it from the respondents together with interest at 18% p.a., from the date of deposit up to the date of payment. Being aggrieved by the said order, the Zilla Panchayat has filed these appeals, so far as it relates to directing it to pay the interest at 18% p.a., from the date of deposit up to the date of payment and seeking appropriate reliefs, as stated supra.

(3.) We have heard the learned counsel for the appellant and learned counsel for respondents at considerable length of time.