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2021 Supreme(Kar) 955

M.NAGAPRASANNA
RADHIKA BHAT – Appellant
Versus
MYSORE URBAN DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared:
K. Arun Kumar, M.V. Sundara Raman, T.P. Vivekananda.

JUDGMENT :

M. Nagaprasanna, J.

1. The petitioner in this writ petition calls in question endorsement dtd. 23/11/2016 insofar as it imposes penalty of Rs.6,60,000.00 against the petitioner towards allotment of site in her favour by the respondent/Mysore Urban Development Authority ('MUDA' for short).

2. Heard Sri K.Arun Kumar, learned Senior Counsel for Sri M.V.Sundararaman, learned counsel for the petitioner and Sri T.P.Vivekananda, learned counsel for the respondent.

3. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows: Karnataka State Group-D Employees House Building Cooperative Society allotted Site No. 7 on 23/12/1988 in favour of late Vishwanath Bhat, father-in-law of the petitioner. Thereafter, the respondent-MUDA executed a lease-cum-sale agreement on 15/11/1991 in favour of the father-in-law of the petitioner. Thereafter, possession of site No. 7 was handed over to the father-in-law of the petitioner on 21/8/1992 by handing over possession certificate of the said date.

4. On 8/11/1998 the father-in-law of the petitioner died and the mother-in-law of the petitioner who succeeded to the property, also died intestate on 21/4/

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