DURGA PRASAD S Vs. COMMISSIONER

JUDGEMENT

(1.) This petition is for a direction to the respondent-Bangalore Development Authority to accept the regularisation charges with penalty of 25% per annum in respect of the schedule properties. The petition is opposed by filing statement of objections contending that though the petitioner claims to be the purchaser of a site from the original allottee, in the absence of a registered sale deed executed by Mr. Damodaran, the allottee, in favour of the petitioner, there is no concluded contract. In addition, it is stated that there is no material to establish such a sale as also whether Damodaran is alive or dead and that the alleged Will said to be registered on 3.6.1992 is not probated, while the General Power of Attorney dated 3.6.1992 is not registered as required by Section 17 of the Registration Act. Lastly, it is stated all three endorsements issued to the petitioner calling upon him to furnish the original records are not responsive. In the light of the statements supra, reserving liberty to the petitioner to respond to endorsements, calling upon him to furnish the original records of title, this petition is accordingly disposed of. If the petitioner chooses to respond to the notices on or before 28.2.2013, the respondent-Bangalore Development Authority to consider the same and pass orders strictly in accordance with law.