DEVAMMA Vs. KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) PETITIONER has sought for quashing the order at Annexure -J dated 14.07.2007 under which the allotment of house made in favour of the petitioner by the respondent -Housing Board is set aside. He has also sought for quashing the sale deed executed by the Housing Board in favour of the 3rd respondent and the order at Annexure -M dated 24.07.2013 under which the petitioner is intimated that no interference is called for by the Housing Board.

(2.) THE records reveal that the petitioner was allotted house bearing No. 237 -MIG on 25.11.2006 for Rs. 6,32,967/ -. Petitioner was required to pay entire sital value within 60 days form the date of allotment. In view of non -payment of entire sital value within prescribed period, final notice came to be issued to the petitioner on 20.02.2007 requesting the petitioner to pay the entire sital value. Inspite of the same, petitioner did not pay the sital value. Ultimately, having waited till 14.07.2007, Housing Board cancelled the allotment made in favour of the petitioner and sent intimation to the petitioner that allotment of house made in favour of her is cancelled. As per regulations, out of the amount of Rs. 30,000/ - paid by the petitioner as advance money, Rs. 22,500/ - is returned after deducting Rs. 7,500/ -. Such return of amount was made as back as on 14.07.2009. Subsequently, in the year 2010, petitioner filed representation as per Annexures -E, F etc., on 19.03.2010 and 05.06.2010 respectively seeking to reconsider the decision of the Housing Board. Since reconsideration is not made, petitioner approached this Court by filing writ petition No. 83143/2010 which came to be disposed of on 07.06.2013 directing the Housing Board to consider the representation of the petitioner. Thereafter, order came to be passed as per Annexure -M dated 24.07.2013 rejecting the prayer of the petitioner. In the meanwhile, sale deed came to be executed in respect of the very house bearing No. 237 -MIG in favour of the 3rd respondent as per Annexure -K dated 01.01.2010.

(3.) THEREAFTER , on 18.08.2007, 3rd respondent was allotted the very house bearing No. 237 -MIG. He paid the entire sital value within the period prescribed. Accordingly the sale deed was executed in favour of the 3rd respondent on 01.01.2010. Thereafter, petitioner started making representations in the month of March, June etc. Even he approached this Court by filing writ petition in the year 2010. Form the aforementioned, it is clear that the petitioner should blame herself. Since the petitioner was not vigilant in the payment of sale consideration within the prescribed period or atleast within the reasonable period, the respondents authorities have cancelled the allotment of house made in favour of the petitioner and re -allotted the house in favour of 3rd respondent. 3rd respondent paid the entire sale consideration within the prescribed period Consequently, sale deed came to be executed in his favour in respect of the house bearing No. 237 -MIG as back as on 01.01.2010. In view of the same, no leniency can be shown in favour of the petitioner.