INDAR SINGH Vs. COMMISSIONER BANGALORE DEVELOPMENTAUTHORITY BANGALORE

JUDGEMENT

(1.) THE petitioner submitted an application on 27-6-1998 as per Annexure-A to the Executive Engineer of Bangalore Development Authority seeking permission to construct temporary pendal to conduct a textile Mela for a period of one month in the site situated opposite kamakya Theatre in B. S. K. III Stage, Bangalore, belonging to the respondent. On the said application the Executive Engineer of the B. D. A. intimated the Manager, Canara Bank, B. D. A. Extension Counter to accept the payment of Rs. 15,000-00 towards ground rent vide Annexure-B. On 14-7-1998 the petitioner deposited the said amount as per the challan at Annexure-C. It is stated that as informed, the petitioner gave an undertaking on 13-7-1998 that he will not put up any permanent structure and will not cause any disturbance to the neighbours. Thereafter the petitioner started putting up temporary sheds on the site in question. According to the petitioner, he has made all the arrangements for starting the Mela. At that juncture the petitioner was issued with the impugned letter at Annexure-G stating that the land where he proposes to conduct the Mela is not available as the same has been notified for bulk allotment. It is also stated that the intimation issued to him to pay the ground rent was erroneously issued without the orders of the competent authority. The amount deposited by the petitioner has been refunded and the petitioner was called upon to vacate the premises. The petitioner has sought for quashing of the said intimation in this writ petition on various grounds.

(2.) LEARNED Counsel for the petitioner contended that the impugned action of the respondent is contrary to law. According to him, the respondent should not have resorted to revoke the permission granted in favour of the petitioner.

(3.) THE relief sought for by the petitioner cannot be granted. In the first place there is no permission granted to the petitioner to conduct the mela. What is contained in Annexure-B is a request made by the Executive Engineer to the Branch Manager of the Canara Bank to accept the amount to B. D. A. accounts. No permission as such is given to the petitioner by anybody much less the Executive Engineer. The petitioner has wrongly construed the request in Annexure-B as permission granted to him but in fact it is not so.