CHANNAIBHAIRAYYA Vs. COMMISSIONER BANGALORE DEVELOPMENT

JUDGEMENT

(1.) THIS petition through listed for further orders, with the consent of the learned counsel for the parties, is finally heard and disposed of by this order.

(2.) PETITIONER claims to be a Power of Attorney holder of one Smt Latha under a registered General power of Attorney dated 11.10.1995 in respect of site No. 53 formed in Sy.No.46/1. According to the petitioner, the said Latha purchased land measuring 1 acre 15 1/2 guntas in Sy. No. 46/1 of Ullal village, Yeshwanthpura Hobli, Bangalore North Taluk under a registered sale deed dated 24.2.1995 executed by R. Veerabhadraiah S/o Rudrappa and formed a layout of sites on the basis of a layout plan Annexure 'B '. The General Power of Attorney, It is said, covenants that the holder is empowered to convey the said immovable property. It is further stated that the said Latha has sworn to an affidavit dated 11.10.1995 stating that she has sold the site in favour of the GPA holder for a valuable consideration of Rs. 41,000/- and handed over possession of the said site.

(3.) ACCORDING to the petitioner, since there was no response from the BDA, a notice dated 5.5.2011 was issued through learned counsel which when not responded, led to filing W.P. No. 31712/2011, in the name owner of the land, which was rejected reserving liberty to GPA holder to file writ petition. Hence, this petition to direct the respondents to consider petitioner 's representations- Annexures M, N and P and to allot an alternate site.