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Judgment
C.M. Poonacha, J
The above Writ Petition is filed calling in question, the order of forfeiture dated 26.7.2022. The Petitioner was allotted site in 'A' Block bearing No.336 in Bandipalya Market Yard, Mysore, by Respondent No.2 vide Lease-Cum-Sale Agreement dated 28.1.2017. The said order of forfeiture dated 26.7.2022 has been passed alleging non compliance by the Petitioner of various stipulations contained in the said Lease-Cum-Sale Agreement dated 28.1.2017.
It is the case of the Petitioner in the present Writ Petition that, he has already put up the construction of the building and due to various factors the same could not be completed and without affording an opportunity, the said order of forfeiture dated 26.7.2022 has been passed.
During pendency of this Writ Petition, a Circular dated 09.09.2022 was issued, whereunder Respondent No.2 has been authorised to receive applications for grant of extension of time and forward the same to Respondent No.1 for consideration.
Hence, it is clear that Petitioner will be required to make suitable application in terms of Circular dated 09.09.2022 and pursuant to the same, Respondent No.1 will be required to take suitable decision in this regard.
It is submitted by the learned counsel for Respondent No.2 that under the said Circular dated 09.09.2022, 30.10.2022 is the last date for filing such application.
In view of the aforementioned, it is clear that the contentions put forth in the present Writ Petition by the Petitioner will be required to be considered by the Respondents in terms of the Circular dated 09.09.2022. Having regard to the pendency of the above Writ Petition, the Petitioner will be required to be granted sufficient time to file necessary application before Respondent No.2.
In view of the aforementioned, I pass the following:
ORDER
(i) Writ Petition is allowed.
(ii) Order bearing No.KruUMasa(Mys) 802/2022-23 dated 26.7.2022 at Annexure-E issued by Respondent No.2 is quashed.
(iii) Having regard to the fact that the last date in the Circular dated 09.09.2022 is 30.10.2022, which is a Sunday and in view of the pendency of the above Writ Petition, the Petitioner is permitted to file his application in terms of the Circular dated 09.09.2022 on or before 31.10.2022 and if such application is made, the same shall be considered by the Respondents in terms of the Circular dated 09.09.2022 in accordance with law.
No costs.