INDIRA BHAT Vs. COMMISSIONER BDA BANGALORE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner Ms. Manjula R. Kamadolli and Sri N. K. Patil, learned counsel for the respondent.

(2.) BY this petition, petitioner has prayed for issuance of writ of certiorari for quashing Annexure-B to the writ petition i. e. order dated 5-10-1996 whereby the Bangalore Development Authority had cancelled the allotment of shop No. 39/ff in Indiranagar Shopping Complex on the ground of petitioner's failure to deposit the sum of Rs. 5,200/- within the stipulated period of 30 days of allotment. It had also forfeited the initial deposit.

(3.) THE facts of the case in the nut-shell are that, the petitioner had applied for the allotment of shop or accommodation at Indiranagar Shopping Complex, Bangalore. She had deposited a sum of Rs. 1,000/- as initial deposit and the respondent vide letter dated 19-7-1996 was pleased to intimate her that the shop No. 39/ff had been allotted in her favour. The petitioner was required to deposit 10 months licence fee of Rs. 5,200/- as security deposit within 30 days from the date of receipt of the allotment letter. The petitioner admitted that because of her alleged sickness etc. , she could not make deposit of the sum of Rs. 5,200/- and by letter dated 5-10-1996 (Annexure-B to the writ petition), the allotment order allotting shop No. 39/ff to the petitioner was cancelled on account of her failure to deposit the sum of Rs. 5,200/- within the stipulated period of 30 days and the respondent forfeited the initial deposit of Rs. 1,000/- without giving opportunity to the petitioner. No doubt, petitioner has stated that on 22-7-1997 she had sent a demand draft for Rs. 5,200/- bearing No. 452132 and made an application to call-of the cancellation order and requested the respondent to accept the demand draft. But the respondent did not accept her plea on the ground that the allotment had already been cancelled and returned the demand draft. According to the petitioner, she had written another letter, but of no avail. So petitioner had come up with this petition under Article 226 of the Constitution of India.