Case Note & Summary
The petitioner, Smt. Meenakshi W/o Aravind Guttedar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, challenging an order dated 17.02.2021 issued by the Kalaburagi Urban Development Authority (respondent No.2). The petitioner had participated in an auction conducted by the respondent authority for a corner site bearing No.328/1 measuring 2580 sq.ft. situated at Badepur, Kalaburagi. The petitioner was the highest bidder and the auction was confirmed in her favour. However, the respondent authority subsequently cancelled the allotment by the impugned order, without issuing any show cause notice or providing an opportunity of hearing to the petitioner. The petitioner sought a writ of certiorari to quash the cancellation order and a writ of mandamus directing the respondent to execute the sale deed in her favour. The Court observed that the cancellation was made without any notice to the petitioner, which is a clear violation of the principles of natural justice. The Court held that the impugned order cannot be sustained and accordingly quashed it. The Court further directed the respondent authority to execute the sale deed in respect of the site in favour of the petitioner, in the interest of justice and equity. The petition was allowed with no order as to costs.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Cancellation of Allotment - The Kalaburagi Urban Development Authority cancelled the auction allotment of a corner site to the petitioner without issuing any show cause notice or providing an opportunity of hearing. The Court held that such cancellation without affording an opportunity of hearing is violative of principles of natural justice and cannot be sustained. (Paras 1-4) B) Property Law - Auction Allotment - Corner Site - The petitioner was the highest bidder in an auction conducted by the respondent authority for a corner site. The authority later cancelled the allotment on the ground that corner sites cannot be auctioned. The Court found that the cancellation was arbitrary and without any notice to the petitioner. (Paras 2-4) C) Constitutional Law - Writ Jurisdiction - Certiorari and Mandamus - The Court quashed the cancellation order dated 17.02.2021 and directed the respondent authority to execute the sale deed in favour of the petitioner in respect of the site, in the interest of justice and equity. (Paras 1, 4)
Issue of Consideration
Whether the cancellation of the auction allotment of a corner site by the Urban Development Authority without providing an opportunity of hearing to the petitioner is valid in law.
Final Decision
The writ petition is allowed. The impugned order dated 17.02.2021 (Annexure-M) is quashed. The respondent No.2 is directed to execute the sale deed in respect of site No.328/1 measuring 2580 sq.ft. in Stage-I Block of Badepur, Kalaburagi in favour of the petitioner, in the interest of justice and equity.
Law Points
- Natural Justice
- Audi Alteram Partem
- Cancellation of Allotment Without Notice
- Writ of Certiorari
- Writ of Mandamus
