BANGALORE DEVELOPMENT AUTHORITY Vs. H.P. DARSHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 7.11.2012 passed by the learned Single Judge in W.P. No. 34083/2011 (BDA) allowing the petition and directing the BDA to execute the sale deed in terms of the allotment order, respondent BDA before the learned Single Judge has filed this appeal.

(2.) BY notification dated 9.9.2003, BDA had invited applications for allotment of sites in Sir M. Vishweshwaraiah Layout. Respondent had applied for the same and by order dated 24.1.2004, a site was allotted to him. BDA, however did not execute the sale deed and did not complete the formalities. Hence, he made a representation for the same. By an endorsement dated 23.8.2011, he was informed that the allotment made in his favour ought to be cancelled since he was an applicant on the first occasion. Hence, the instant writ petition was filed seeking to quash the endorsement. During the pendency of the writ petition, same was amended to include a prayer to cancel the order of the BDA cancelling the allotment.

(3.) THE learned counsel for the appellant -BDA contends that the impugned order is bad in law and liable to be set aside and that the learned Single Judge has committed an error in directing the appellant to execute the sale deed as well as to set aside the order of cancellation.