S LALITHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner'S husband had applied for grant of a house site ad measuring 30 x 40 Sq. Ft. The husband passed away on 13.12.2006 leaving behind the petitioner herein and two sons. On the application of the deceased husband, the second respondent BDA had allotted a house site ad measuring 40 x 60 Sq. Ft. in exercise of power under the provisions of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 after receiving the sale consideration. Subsequently, the Sale Deed came to be duly executed and registered on 27.07.2004.

(2.) Pursuant to the Sale Deed, the entries in the Property Records also came to be mutated. After the petitioner acquired the title to the said petition site, she has been paying the property tax regularly and without any interruption, which fact is prima facie evidenced by the tax paid receipts at Annexure-E Series. There is also no dispute as to the petitioner having been put in the possession of the site in question.

(3.) When this was the position, the second respondent-BDA vide order dated 26.05.2011 at Annexure- F to the writ petition cancelled the allotment of the said site on the ground that the application of the petitioner's husband was for the allotment of a site ad-measuring 30 x 40 Sq. Ft. whereas, by mistake, a site ad-measuring 40 x 60 Sq. Ft. has been allotted. The said order also mentions about the Show Cause Notice dated 10.02.2011 having been sent to the address of the petitioner but remaining unserved. Aggrieved by this order, the petitioner-widow is before this Court.