BEERAPPA Vs. ADDITIONAL CHIEF SECRETARY
LAWS(KAR)-2019-2-432
HIGH COURT OF KARNATAKA (FROM: BENGALURU)
Decided on February 14,2019

BEERAPPA Appellant
VERSUS
ADDITIONAL CHIEF SECRETARY Respondents

JUDGEMENT

B.VEERAPPA,J. - (1.)All these intra Court appeals filed against the common order dated 07.12.2018 made in W.P.Nos.202063/2018, 202079/2018, 202078/2018 and 201963/2018 passed by the learned Single Judge, disposing of the writ petitions reserving liberty to respondent Nos.2 to 6 to conduct fresh auction and reserving liberty to petitioners also to participate in the said auction.
(2.)It is the case of all these appellants- petitioners before the learned Single Judge that the 6th respondent has issued publication on 30.07.2017 inviting application from general public to participate in the open auction to be held on 07.08.2007 in respect of corner sites formed in the layout of Vijayapura, Basavana Bagewadi, Nidagunda and Muddebihal I- Phase, with a condition that to each participant shall deposit Rs.30,000/- as earnest money to obtain token from the respondents. Accordingly, all the petitioners have obtained token on 07.08.2017 from the 6th respondent after depositing Rs.30,000/- each and participated in the open auction of four separate sites given below:
Sl. Site Reserved Petitioners name Offered/ bid price No. number price

1. Lingaraj 7 MIG 950 Rs.1000/- sq.feet V.Hiremath

2. Chandrashekhar 244 MIG 950 Rs.1020/- sq.feet B.Aski

3. Beerappa 31 HIG 950 Rs.1000/- sq.feet

4. Rahul S/o Lingaraj 304 MIG 950 Rs.1000/- sq.feet Nadagowda

(3.)There were 13 applicants participated in the auction. The 6th respondent by the order dated 07.08.2017 declared all the petitioners as highest bidders in respect of corner sites stated supra and was communicated to the petitioners by the respondents and directed to pay 25% of the bid amount immediately. Accordingly, all the petitioners have deposited 25% bid amount on 08.08.2017 and 09.08.2017 i.e. a sum of Rs.4,84,424/-, Rs.8,47,741/-, Rs.4,94,112/- and Rs.5,81,308/- respectively. Accordingly, the 6th respondent accepting the same has concluded the auction proceedings.


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