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2017 Supreme(Kar) 1262

B.VEERAPPA
Manjunath Shetty S/O. Sri. Rajiv Shetty – Appellant
Versus
Bangalore Development Authority Reptd. By its Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.H.T.Vasanth Kumar, Adv.
For the Respondent: Sri.Sachin B.S., adv.

ORDER :

1. The petitioner who is the purchaser of the schedule property to the writ petition from the original allottee is before this Court for a writ of certiorari to quash the impugned cancellation order made in No.BKI/4553/2014-15 dated 27.02.2015 as per Annexure-E issued by the first respondent-Bangalore Development Authority (hereinafter referred to as ‘the BDA’ for short) terminating the allotted site No.196/B, BBMP Katha No.1458/196/B situated at Sector-III, HSR Layout, Bangalore-560 103 measuring East to West 12.19 Mtrs and South to North 18.29 Mtrs, totally measuring 222.95 Sq. Mtrs and also prohibition not to interfere with the peaceful possession and enjoyment of the schedule property and to dispossess the petitioner from the land in question.

2. It is the case of the petitioner that originally the schedule property mentioned in the writ petition was allotted to the second respondent by the BDA on 07.06.2013 and absolute registered sale deed was executed by the BDA on 25.06.2013 in favour of the second respondent which is titled as Incentive site (XXX) and subsequently issued Possession Certificate on 25.06.2013 as per Annexures-B and C respectively. Thereafter the second































































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