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1994 Supreme(Kar) 17

H.N.TILHARI
MALLIKARJUN M. KALASRAY – Appellant
Versus
THE COMMISSIONER, BELGAUM DEVELOPMENT AUTHORITY, BELGAUM – Respondent


Advocates:
B.V.R.MURTHY, BASAVA PRABHU S.PATIL

( 1 ) BY this petition, the petitioner has prayed for issuance of writ, order end direction in the nature of writ of certiorari quashing the impugned order dated 19-11-1991 passed by the respondent. That order has been annexed as Annexuie 'a' to the writ petition and the petitioner has further claimed the writ in the nature of mandamus directing the respondent to collect the initial deposit of 250 of the site value from the petitioner and to handover the possession of the site bearing No. 553 under Scheme No. 13 as well as o issue any other writ or order as this Court deems fit.

( 2 ) THE facts of the case in brief are that the petitioner had applied for allotment of site measuring 60 x 40 ft. under Scheme No. 13 and paid registration fee of Rs. 500/- on 30-4-1988 vide receipt No. 16047. According to the petitioner's case he had paid initial deposit of Rs. 6,250/- vide receipt No. 2690 on 8-8-1990 and subsequently petitioner again on 16-10-1992 registered with the respondent for allotment as per notification dated 16-10-1991 and vide receipt No. 10414, the difference of amount of Rs. 625 /- was also paid. According to petitioner's case when petitioner was out of station and was not










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