AJIT KALYAN Vs. STATE

JUDGEMENT

(1.) THIS writ petition under Article-226 of the Constitution prays for quashing of Order passed by the Government of Karnataka bearing No. RD/33/Mu.Aaa.Bi/2007, Bangalore dated 01.07.2009, whereby approval had been granted for the sale of 6000 square feet of land belonging to Sri Kadu Malleshwaraswamy Temple, Malleswaram, Bangalore City. The consideration for the sale is a sum of Rs.1,44,00,000/- at the rate of Rs.2,400/- per square feet being the alleged market price. The sale has been sanctioned in favour of the Respondent Sri Sai Mandali, Bangalore. The State Government has purportedly exercised powers under the proviso to Section-62 (3) of the Karnataka Hindu Religious Institutions & Charitable Endowment Act 1997 (hereinafter referred to as the 1997 Act).

(2.) THIS writ petition has already had a chequered history. It was filed before the learned Single Judge and after few hearings, it was listed before the Division Bench, consequent upon a statement made by learned counsel for the petitioner that similar grievances had been ventilated in Writ Appeal No.2063/2007. The said Appeal was dismissed for non-prosecution and in that context, this writ petition was again directed to be posted before the learned Single Judge according to the extant roster. The said W.A.No.2063/2007 was however subsequently restored and was disposed of on merits by Order dated 08.08.2011. However, the said Appeal as well as the Writ Petition did not pertain to the sale which is impugned in the instant petition, and as such, is not relevant for the present purposes. Be that as it may, when the instant petition was listed before the learned Single Judge on 24.06.2011, it was contended that the present petition was in the nature of a public interest litigation. Hence, the learned Single Judge directed that the writ petition be listed before the Division Bench having the roster of public interest litigations. Accordingly, the instant petition is to be considered in these circumstances.

(3.) OUR attention had also been drawn to a more recent decision of the Supreme Court in Aggarwal & Modi Enterprises Pvt. Ltd & another vs.- New Delhi Municipal Council (AIR 2007 SC 3131) which recognizes that normal and fair competition can ordinarily be ensured only through public auction; this ensures not only transparency but normally fetches the maximum possible return/consideration or sale price for the particular immovable property.