The main legal point established in the judgment is that the Bangalore Development Authority had no authority to interfere in the allotment of sites or in any dispute that may arise, and that such disputes should be decided in a civil court. The court also emphasized that when a private layout is formed under Section 32 of the Act, there is no question of releasing sites by the Bangalore Development Authority.

( 1 ) THE petitioner has presented this petition for the following reliefs, namely : (i) a writ of certiorari or any other writ or order or direction to quash Annexure-F, the letter No. Bangalore development Authority / A. E. E.-2 (S)1139 / 94-95, dated 22-11-1994 issued by the second respondent ; (ii) a writ of mandamus directing the Sub-Registrar to register the documents of sale to be submitted by the petitioner in respect of 88 sites without insisting upon any release order passed by the authority (1st respondent) ; (iii) a writ of mandamus to the Revenue Officer (4th respondent-Bangalore Development Authority) to change the khata in favour of the members of the Society in respect of the sites sold by the Society to the members of the petitioner-Society under the registered sale deeds without insisting upon any release by the authorities and without reference to Annexure-F, the letter No. Bangalore development Authority / A. E. E.-2 (S) / 1139 / 94-95, dated 22-11-1994 issued by the first respondent.

( 2 ) IT appears that the impugned order dated November 22, 1994 was made by the first respondent on the complaint of respondents 5 to 26. That, during the pendancy of this petition the dispute between the petitioner-Society and respondents 5 to 26 is stated to have been settled, in view of the petitioner agreeing to allot them sites and the petitioner has also filed a memo to that effect. The memo is recorded. In the application (IA. III) filed by the petitioner it is also stated that sites have been allotted to all the impleading applicants.

( 3 ) THE facts leading to this petition are as follows :that, Survey Nos. 19/1 and 19/2 of Nainappa Setty Palya were allotted in favour of the petitioner as a bulk allotment for the purpose of formation of a layout and to allot sites in favour of its 88 members. The said allotment was subject to certain conditions. One of those conditions is that the list of reallottees will have to be approved by the authority. The petitioner after securing possession of the aforesaid lands formed a layout comprising 88 sites and allotted about 44 sites in favour of different members. That, on the application filed by the Society the first respondent released 44 sites in favour of the society, as per the communication dated November 14, 1994, produced at Annexure-C. It appears, when attempts were being made for allotment of the remaining sites, respondents 5 to 26 made representation to the first respondent that the petitioner has allotted sites in favour of the non-members detrimental to their interests. On the basis of the said complaint the first respondent issued an order dated November 22, 1994 produced at Annexure-F withdrawing the release order dated November 14, 1994 and directing the petitioner to surrender forthwith the list of 44 sites already released. The relevant portion of the order reads as follows :"further, as the Commissioner desires to get from you the list of original members who have purchased the sites in the year 1984, and to whom reallotment has been made and send the same to obtain the approval of the authority, you are requested to furnish these details immediately. You are also requested to relinquish the C. A. sites, roads, etc. , by executing a relinquishment deed to take further action in the matter". The copy of the said order was forwarded to the Sub-Registrar, jayanagar, 8th Block, Bangalore, with a request not to effect any registration in respect of the sites released in favour of the petitioner under order dated November 14, 1994.

( 4 ) SRI T. S. Ramachandra, learned Counsel appearing for the petitioner has contended that the impugned order is without authority of law. When once the land is vested in the Society and the Society has formed a private layout with the permission of the Bangalore Development Authority, under Section 32 of the bangalore Development Act (for short 'the Bangalore development Authority Act'), the Bangalore Development auth