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2005 Supreme(Kar) 614

MOHAN M.SHANTANAGOUDAR
BHAVANI HOUSING CO-OPERATIVE SOCIETY LIMITED (REGISTERED), BANGALORE – Appellant
Versus
BANGALORE DEVELOPMENT AUTHORITY – Respondent


Advocates:
Advocate Appeared
Sri Udaya Holla, Senior Counsel for Sri G. Krishnamurthy, Advocate for Petitioner;
Sri U. Abdul Khader, Advocate for Respondent-1;
Sri Anant Mandagi, Advocate for Respondent-2.

ORDER

Heard Sri Udaya Holla, learned Senior Counsel appearing for the petitioner and Sri U. Abdul Khader, learned Counsel appearing for the respondent I-authority and Sri Anant Mandagi, learned Counsel appearing for respondent 2 and perused the records.

2. The petitioner has sought for writ of certiorari for quashing the decision of the 1st respondent dated 3-10-2002 by which, the 1st respondent-BDA decided to execute the Civic Amenity Site Lease Agreement in favour of the 2nd respondent-Trust and also for quashing the Civic Amenity Site Lease Agreement dated 27-2-2003 executed by the 1st respondent-Bangalore Development Authority ('BDA' for short), in favour of the 2nd respondent-M/s. Appalo Educational Trust (Regd.) ('Trust' for short) registered before the Sub-Registrar, Bangalore Urban District.

3. The 1st respondent-BDA, pursuant to the direction of this Court issued in W.P. No. 29200 of 1994 sold twenty (20) acres of land situated in Survey No. 17 of Kathriguppa Village, Bangalore South Taluk through two registered sale deeds dated 2-8-1996 and 24-10-1998 respectively vide Annexures-B and C to the writ petition in favour of petitioners' Society under bulk allotment scheme. There























































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