BANGALORE DEVELOPMENT AUTHORITY Vs. SOMASHANKAR

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 7/4/2018 passed by learned Single Judge by which writ petition preferred by the respondent (hereinafter referred to as 'the Allottee' for short) has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that a BDA site was allotted to one Mr.Krishna (hereinafter referred to as 'the original allottee' for short) on 30/1/2001. The Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) handed over the possession of the aforesaid site to the original allottee on 20/5/2002 and a lease cum sale agreement was executed by the authority on 14/9/2002. The original allottee sold the site by a registered sale deed dtd. 26/11/2013 to the allottee.

(3.) However, a reasonable demand was made to the allotttee by the authority. The authority in pursuance of an illegal demand made payment to the authority. Thereafter, the allottee filed a writ petition seeking a direction to the authority to pay the excess amount paid by him to the authority in ignorance of law. The learned Single Judge by an order dtd. 7/2/2019 has inter alia directed the authority to refund all the excess money recovered from the allottee within a period of eight weeks. In the aforesaid factual background, this appeal has been filed.