SEETHARAM S/O LATE G. SAMPATH IYENGAR, 6, FIRST: C MAIN ROAD, VIJAYANAGAR SECOND STAGE, BENGALOORU-560040 Vs. THE COMMISSIONER OF BENGALOORU DEVELOPMENT AUTHORITY (BDA) KUMAR PARK WEST: EXTENSION. T CHCWDAIAH ROAD, BENGALOORU-560020

JUDGEMENT

(1.) ORDER 1.The petitioner has sought a writ in the nature of mandamus to the respondent to allot alternative site.

(2.) THE facts of the case in brief are that the City Improvement Trust Board (CITB for short) respondent's predecessor, allotted site bearing No. 194, measuring 50 ft.x 30 ft. at Gokula 1st Stage. 1st Phase, Bangalore in 1968. The lease -cum -sale agreement, was executed on 27.11.1968. The petitioner found that one Rangaswamy was in occupation of the site. Thereafter the petitioner has been representing to the respondent to allot him an alternative site. The representations in this regard dated 18.02.1976, 26.07.1980, 24.10.1983, 26.02.2002 and 23.11.2010 are produced as Annexures K. M. O. Q and S. respectively. As none of the representations evoked any response from the respondent, this petition is filed.

(3.) PER contra, Ms. Poornima, the learned counsel for the respondent submits that the petitioner has not complied with condition Nos.3 and 10 of the lease -cum -sale agreement and is therefore not entitled to any relief. The said conditions read as follows: