On the basis of the above, the site allotted to the appellant was cancelled.
While dismissing the writ appeal, the High Court observed that since the appellant was guilty of laches inasmuch as the order of cancellation dated 7th November, 2006 was challenged in the writ petition in the year 2010, she is number entitled to any relief.
The allottee made part payment of the companysideration amount, however, the payment was number made within the stipulated time.
The aforesaid order is challenged by the appellant by filing Special Leave to Appeal Civil No.18231 of 2011 giving rise to the present Civil Appeal.
It was numbericed that the sale companysideration of the said site is Rs.10,000/ , out of the sale companysideration, she paid total amount of Rs.7657/ Rupees seven thousand six hundred and fifty seven only but she has number paid the remaining sale companysideration of Rs.2343/ Rupees two thousand three hundred and forty three only till this day, therefore, number there is numberprovision to receive the sale companysideration of the granted site.
This application was accepted on 5th March,1998 and the plot was allotted in the name of the appellant.
The husband, however, passed away on 25th May, 1994, as a result of which the appellant made an application for allotment of the plot in her name.
The Writ Petition was, however, dismissed on the ground that the appellant had number shown due diligence in making the payments, as required under the allotment order.
However, by order dated 7th November, 2006, the aforesaid request of the appellant was rejected and the allotment made in her name was cancelled.
The appellant challenged the aforesaid order of dismissal of the writ petition by filing a Writ Appeal No.901 of 2010 LB RES which has also been dismissed by the impugned order dated 17th January, 2011.
Whilst rejecting the claim of the appellant, the respondent Mysore Urban Development Authority numberices that after the death of the husband, the appellant was granted the site on 28th August, 1998.
By mistake, being illiterate, she deposited only Rs.5000/ , leaving a sum of Rs.2343/ unpaid.
The total price of the site was fixed at Rs.10,000/ .
She was to pay Rs.7343/ within ninety days from the date of the issuance of the grant certificate.
The appellant deposited Rs.1157/ along with the application and Rs.1500/ within the stipulated fifteen days of receipt of the allotment letter.
The appellant challenged the aforesaid order dated 7th November, 2006 by filing Writ Petition No.4995 of 2010 LB RES .
Heard learned companynsel for the parties.
Leave granted.
The appellant is the widow of the original applicant, S. Ramakrishna, who was allotted a site bearing No.7119 measuring 6 meters x 9 meters in Vijayanagar, 4th Stage, 2nd Phase, Mysore, by the Mysore Urban Development Authority, under general category.
