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2024 Supreme(Online)(Kar) 42902

KARNATAKA HIGH COURT
SRI SANTOSHA S V – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


ORDER

1. In this writ petition, the petitioner has challenged the endorsement dated 03.09.2016 vide Annexure-H, whereby the petitioner has been intimated that the site allotted to him is not available and respondent/MUDA will be refunded the entire amount paid by the petitioner.

2. The case of the petitioner is that the respondent has conducted a public auction of the property bearing No.967 measuring 6.05+5.59/2X9.27=53.95 sq. mtrs. situated at Chikkahardanahalli, 1st Stage, Mysuru. In that public auction, the petitioner was the highest bidder. As per the terms and conditions of the auction, the total sale consideration of the property was fixed at Rs.14,40,000/-. As on 16.03.2013, the petitioner paid a sum of Rs.3,60,000/- as an advance. Thereafter, the petitioner has taken loan of Rs.10,80,000/- from HDFC Bank and paid directly in the name of Commissioner, Mysore Urban Development Authority (MUDA). The respondent has also executed the Sale Deed in favour of the petitioner. After purchase of the property, the revenue records pertaining to the schedule property has been transferred in the name of the petitioner and he has paid upto date tax over the schedule property and he is in p

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