H.B. MYTHRA, W/O SRI MAHENDRA KUMAR Vs. MYSORE URBAN DEVELOPMENT AUTHORITY (MUDA) REP. BY ITS COMMISSIONER, J.L.B. ROAD, MYSORE

JUDGEMENT

(1.) IN this writ petition, petitioner is challenging the orders dated 15.09.2001 and 08.11.2011 passed by the Commissioner, Mysore Urban Development Authority. A direction is also sought against the respondent to issue possession certificate and to execute a registered sale deed in respect of Site No. 862 situated at 4th Stage, Vijayanagar, Mysore.

(2.) THE undisputed facts reveal that petitioner had applied for allotment of a site pursuant to the notification issued by the respondent. On 28.08.1998. a site measuring 50 ft. x 80 ft. bearing No. 862 came to be allotted in favour of the petitioner. She was called upon to pay 15% of the sital value. The petitioner paid the said amount in a sum of Rs. 35,000/ - in the month of December 1998 in two installments. Another sum of Rs. 35,000/ - was paid in the year 1999. However, as the petitioner did not pay the entire site value, a notice was issued on 22.11.2000 calling upon the petitioner to pay the remaining amount of Rs. 1,50,000/ - together with interest at 18% within 30 days from the date of receipt of the notice.

(3.) ACCORDING to the petitioner, this cancellation order was not served on her. The petitioner continued to make representation to the respondent seeking issue of possession certificate and for execution of the sale deed. The respondent issued an endorsement on 08.11.2011 informing that her claim for possession certificate could not be considered in view of the fact that the balance amount of Rs. 1,50,000/ - along with interest was not paid pursuant to the notice issued. In this background the petitioner has rushed to this Court challenging the cancellation order and the endorsement issued.