S P MAHADEVAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner's application-Annexure-A dated 10.10.2003 fructified into an allotment of site No. 1070 in IV T Block, Further Extension of BSK VI Stage measuring 6 X 9 metres (EWS) under allotment letter dated 5.2.2004-Annexure-B, following which the respondent-Bangalore Development Authority issued a NOC dated 04.02.2004-Annexure-C permitting the petitioner to mortgage the property allotted for raising a loan to meet the value of the site being Rs. 56,700/-. The Bangalore Development Authority having noticed the vacillatory statements made over the income of the petitioner, both, in the application and the certificate, called upon the petitioner to appear before the authority for an explanation over the said statements, by endorsement dated 16.12.2005 -- Annexure-D, to which the petitioner addressed a reply dated 3.2.2006-Annexure-E stating that she had deposited Rs. 10,000/- and Rs. 25,000/- and that the balance of Rs. 14,900 A was deposited under Challan 'No. 12305 dated 3.2.2006 with the Canara Bank totalling to Rs. 49,900/-. By another letter dated 25.2.2006-Annexure-F, petitioner is said to have enclosed a NOC and sought for execution of the documents relating to the allotment. It appears the petitioner having made available a income certificate issued by the Special Tahsildar, Bangalore North Taluk certifying the petitioner's annual income as Rs. 11,000/- according to her sworn statement, the discrepancy in the income of Rs. 11,800/-, shown in the application-Annexure-A was sought to be clarified by letter dated 2 21.12.2006-Annexure-G. The Bangalore Development Authority having considered the explanation offered by the petitioner over the discrepancy declined to accept, the same and accordingly by order dated 25.8.2007-Annexure-H cancelled the allotment. Thereafter wards, the petitioner is said to have made a representation dated 18.7.2008-Annexure-J to withdraw the cancellation order which when not considered has resulted in this writ petition to quash Annexure-H and for a writ of mandamus directing the Bangalore Development Authority to issue an absolute sale deed of the site allotted to the petitioner. The petition is opposed by filing statement of objections of the respondent-Bangalore Development Authority inter alia not denying the facts of the application, allotment and the communications, but that the income certificate furnished by the petitioner in the application discloses annual income of Rs. 711,000/- while in the applications, the petitioner's income is shown as Rs. 711,800/-, and that of her husband as Rs. 711,800/-, hence, being in excess of Rs. 711,800/-, the cancellation of allotment under the EWS category.

(2.) Heard the learned Counsel for the parties.

(3.) Although, the learned Counsel for the petitioner contends that the annual income of Rs. 711,800/- mentioned in the application -- Annexure-A is that of her husband by name Mallikarjunaiah, a coolie by avocation, nevertheless the Tahsildar has certified that it is the petitioner and her parents as well as dependants have an annual income of Rs. 711,000/-, which is based upon the petitioners' declaration.