MYSORE URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, & ANR. vs HABEEBULLAH KHAN S/O JAFFER KHAN, & ANR.

The appeal is barred by limitation. The delay is of 109 days.

The Hon''ble Single Judge, by the order impugned, held that once allotment of sites were made in favour of the petitioner and the substantial amount towards such allotment was, also, made by him, such allotment could not be cancelled by the respondent-Mysuru Urban Development Authority (hereinafter referred as the ''MUDA,'' for brevity) after a lapse of ten years, merely because the State Government failed to approve such allotment.

In passing the impugned order, the Hon''ble Single Judge relied on a decision of the co-ordinate Bench of this court in Writ Petition Nos.38719-38181 of 2012 (MAHADEVA AND OTHERS .v. STATE AND MUDA) decided on November 26, 2012.

We feel that when MUDA has accepted the earlier order stated in the said writ petition, there was no justification in making a departure in this case.

In the instant case, the writ petitioner is required to deposit Rs.7,410/- (Rupees seven thousand four hundred and ten) only. Therefore, liberty is granted to the writ petitioner to deposit the said amount by September 11, 2017, and the MUDA shall accept the payment.

We do not find any merit in the appeal. Therefore, the application seeking for condonation of delay is dismissed. Consequently, the writ appeal is, also, dismissed.

In view of the dismissal of the appeal, the pending interlocutory application does not survive for consideration and is, also, dismissed.

We make no order as to costs.