UNDER SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT AND ANOTHER Vs. SRI. A. RAJENDRA NAIDU AND ANOTHER

JUDGEMENT

(1.) THIS writ appeal is filed by Respondents 2 and 3 in the writ petition aggrieved by the order dated 11.8.1997 passed by the learned Single Judge in Writ Petition No. 28272 of 1995 allowing the writ petition. Along with the appeal I.A. No. 2 was filed for condononation of delay of 120 days in filing the appeal. No objection is filed to the same by the contesting Respondents. For the reasons stated in the I.A. delay is condoned.

(2.) THE brief facts of the case are: The first Respondent claiming himself to be a businessman residing in Bangalore for the last 20 years registered himself for allotment of a site. He made an application on 28.10.1992 to the Chairman of the BDA (II Respondent) for allotment of a site. The Chairman allotted a site measuring 60 X 90 on 10.11.1992. The Appellants on coming to know of the said allotment cancelled the same and informed the first Respondent accordingly by endorsement dated 29th May, 1995. The first Respondent challenged the endorsement in Writ Petition No. 28272 of 1995. The learned Single Judge allowed the writ petition and quashed the endorsement. Hence the writ appeal by the Appellants.

(3.) AS the first Respondent does not fall under any other category contained in the said circular, it can be safely assumed that the allotment has been made from out of the 10% quota prescribed under clause(g) for allotment at the discretion of the Authority.