ABDUL KAREEM FATHEMULLA Vs. THE DEPUTY COMMISSIONER

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned Additional Government Advocate as also the counsel appearing for respondent No. 3.

(2.) THE petitioners are father and son. It is stated that the properties bearing TPC Nos. 2119 and 2120 measuring 300780' and 45740' respectively situated at Jalalpur road, Raibag was a property belonging to respondent No. 3 -Town Municipal Council, Raibag taluk. The said properties were adjacent to each other and were open sites. A resolution dated 06/12/1994 is said to have been passed by the Town Municipal council to auction the said properties. The auction was accordingly held on 14/11/1994 in which said properties were sold to Bhimsen Sadashiv Bhimsen Sadashiv Bhovi for Rs. 50,000/ - and Rs. 5,000/ - respectively and the sale deeds dated 29/12/1994 were executed.

(3.) IT is stated that, thereafter, on 03/12/1997, respondent No. 1 is said to have initiated steps to have the resolution dated 06/12/1994 cancelled on the ground that the properties were sold at a price which was very low and which was not in public interest and this order dated 03/12/1997 is said to have been passed without notice to the petitioners and without hearing them.