Petitioner is knocking at the doors of writ court with

the following prayer:

"(a) issue a writ in the nature of mandamus

directing

the

respondents

that

in

lieu

of

withdrawal direct the BDA to allot one plot/ stray

plot in Banashankara stages, 4, 5 and 6 and

Arkavathi layouts, bangalore and execute the

lease cum sale agreement or sale deed directing

the respondent BDA to receive the entire

consideration together with interest, i.e., at the

cost of his earlier allotment of Plot No.444, as

the cancellation is contrary statutory provisions

of BDA Act from the petitioner;"

2.

Learned counsel for the petitioner vehemently

argues that his client belongs to Schedule Caste and that he

was offered a site vide Allotment Letter dated 21.02.2003;

however he had great financial difficulty and therefore, he

could not make payment in terms of the condition

incorporated in the Allotment Letter; in view of that, his

3

client has withdrawn the amount deposited by way of initial

payment. That being the position, the Court should ask the

BDA to show the mercy, regard being had to multiple

attempts he has made for securing a one single site.

Learned counsel heavily banks upon the proviso to Rule 13

of