M.N. CHITTIAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought a direction against respondents for refund of Rs. 2,00,600/- which amount was paid towards fencing of the land bearing Sy. No. 17 measuring 2 acres 34 guntas at Pattandur Village, K.R. Puram Hobli, Bangalore East Taluk. A further direction is sought against respondents to pay interest at the rate of 24% p.a. on Rs. 9,03,75,600/- from the date of deposit till date of refund by considering the representation dated 19-7-2012 (Annexure-W). It is the case of petitioner that aforesaid land was notified for auction by notification dated 22-10-2007 inviting bids from members of the public. A copy of the notification is produced at Annexure-A. Petitioner made an initial deposit of Rs. 28,50,000/- in order to participate in the auction. His bid of Rs. 12,07,00,000/- being highest, was accepted by second respondent who declared him to be a successful bidder. The petitioner made various deposits in order to pay the auction amount on several dates. The deposits made by the petitioner which are indicated in his representation dated 19-7-2012 amounting to Rs. 9,01,75,000/- are as under:

(2.) In addition, a sum of Rs. 2,00,600/- was remitted on 31-3-2008 vide demand draft bearing No. 101100 drawn in favour of State Government for the purpose of fencing the land in question. Thereafter, petitioner sought confirmation of his bid and registration of the land in question in his name as well as handing over of possession of said land but there was no response on the part of respondents to the request made by the petitioner. Petitioner had also sought for joint survey of the land in question so that possession could be handed over to him at the time of registration of the said land in his name. As petitioner became aware that land in question would not be registered in his name and that confirmation of the auction would not take place on account of certain other private parties filing a suit against the State Government in O.S. No. 97 of 1995 which ultimately culminated in a decree of permanent injunction against the State Government and its authorities, petitioner sought for refund of the entire amount that he had deposited with respondent-authorities being successful bidder in the auction as well as the amount of Rs. 2,00,600/- which was paid towards fencing of the property along with interest at the rate of 24% p.a. on 30-6-2012. Petitioner received an amount of Rs. 9,01,75,000/- excluding the amount of Rs. 2,00,600/- which was utilised for the purpose of fencing the land in question. Therefore, petitioner made repeated requests for the refund of the entire amount deposited by him. In addition, by representation dated 19-7-2012 - Annexure-W petitioner sought interest on the amounts deposited by him namely, Rs. 9,03,75,600/- at the rate of 24% p.a. Grievance of the petitioner is that his repeated requests have fallen at deaf ears and therefore a direction is sought against respondents to consider his representation dated 19-7-2012.

(3.) I have heard learned Counsel for the petitioner and learned Government Pleader for respondents 1 to 3 and perused the material on record.