KALPATHARU HOTELS Vs. MYSORE MAHANAGARA PALIKA

JUDGEMENT

(1.) BRIEFLY stated the factual matrix is.-The property in question was conveyed to an organisation known as mysore Musical Association, under a sale deed of the year 1977, by the mysore City Corporation. The said organisation, without of course, using the property for any of the purposes for which it was conveyed, however, being the absolute owner of the property, conveyed the same in favour of the petitioners under a registered deed of sale of the year 2001. The respondent-Corporation on the premise that the vendor of the petitioner did not utilize the property for the purpose for which it was conveyed, sought to recover possession by cancelling the sale deed of the year 1977, as is evident from the resolution Annexure-H. It transpires that the state Government by order dated 20-9-2001, Annexure-J, on a detailed examination of the matter with reference to the resolution Annexure-H, held that the sale was legal, valid and conclusive while granting permission for change of land use sought for by the petitioner. By another order dated 9-10-2001, Annexure-K, the State Government, permitted the change of the land use, of the property in question, from public/semi-public to commercial use.

(2.) SOME of the residents of Mysore questioned the sale of the immovable property in favour of the petitioners in W. P. No. 29237 of 2000 by way of a public interest litigation, which was dismissed by order dated 12-9-2000, Annexure-L, on the grounds of delay and laches as also involving disputed questions of fact.

(3.) THE Corporation of the City of Mysore, by certificate dated 6-3-2002, Annexure-E, certifies that the katha of the property in question stands in the name of the petitioners purchasers. Collection of taxes is evident from Annexure-F, the tax paid receipt. The extract of the property assessment register for the years 1999 to 2000, Annexure-G discloses that the property in question is assessed to tax and that the petitioners are the owners. The petitioners having applied for sanction of building plan, the respondent-Corporation accorded sanction and licence by orders, Annexures-M and N respectively. However, by the resolution dated 11-4-2002, Annexure-B, the respondent-Corporation resolved to cancel the sanction of plan and the licence granted in favour of the petitioner. As a consequence, the Commissioner of the respondent-Corporation by the order dated 9-5-2002, Annexure-A impugned herein, cancelled the sanction of building plan and the licence. Hence this writ petition.