JUDGMENT :

This intra-Court appeal seeks to call in question a learned Single Judge’s order dated 04.07.2023 whereby appellant’s W.P.No.50859/2018 (GM-RES) challenging the cancellation of allotment of the subject land has been dismissed, with a direction to the respondent Karnataka Housing Board to pass orders determining the quantum of forfeiture and refund of remaining amount to the appellant within a period of four weeks.

2. Learned Senior Advocate argues that the allotment of subject civic amenity site was made vide letter dated 16.12.2003 and that the appellant has paid the allotment price of Rs.53,10,293/-along with interest of Rs.7,11,157/-; a conditional sale deed dated 20.10.2005 has been executed and registered by the Housing Board on 20.10.2005, subject to the condition that the allottee should construct the school building within a period of 5 years and that should he fail to do it, the allotment would stand rescinded. The counsel submits that because of “shortage of funds and unavailability of loans or credit”, the structure could not be constructed though BBMP had issued the khata. He also highlights his client’s application dated 09.01.2014 for the grant of BBMP Appr