PRABHAKARLAL MOHANLAL Vs. DY COMMR BELGAUM

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution, the petitioners have challenged the order No. R B. ULC. SR. 551/76-77 dated 22-12-1976 of the Deputy Commissioner, Belgaum (hereinafter referred to as the D.C.) (Annexure-C).

(2.) Among others, petitioner No. 1 who is the owner of residential premises and the land appertaining thereto bearing CT.S. No. 1679 situated at Kirloskar Road, Belgaum, entered into an agreement to sell the same to petitioner No. 2. Before executing the sale deed, the petitioners on 29-9-1976 applied to the D. C. for permission to sell the same under S. 27 of the Urban Land (Ceiling and Regulation) Act of 1976 (Central Act No. 33 of 1976) (hereinafter referred to as the Act). On 29-9-1976 the D.C. refused the permission sought by the petitioners and has exercised the option to purchase the same and on 12-10-1976 he has communicated them the said order. In view of the said order of the D.C., respondent No. 2 has refused to register the sale deed presented by the petitioners.

(3.) From the above dates, it is clear that the order was not made by the D.C. within a period of 60 days from the date of receipt of the application, much less was it communicated within that time. In their return also, the respondents do not dispute the same.