LAKSHMIDEVI Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner apparently a member belonging to economically weaker section of the society is invoking the writ jurisdiction of this Court assailing the endorsement dated 24.08.2013 issued by the respondent-BDA at Annexure-A, whereby her request for re-allotment of the site earlier granted and cancelled, has been rejected on the ground that the collective income of the petitioner and her spouse, exceeds the prescribed limit under Rule 2(d) of the Bengaluru Development Authority (Allotment of Sites) Rules, 1984.

(2.) After service of notice, the respondent-BDA entered appearance through its panel counsel Sri Narendra Gowda, who has filed the Statement of Objections resisting the writ petition inter-alia on the ground that the petitioner having approached this Court earlier has withdrawn the writ petition; going by the text of the Rule in question, the income of the spouse needs to be added while computing the income of the applicant for the grant of sites earmarked for the grant to the members of the economically weaker sections of the society.

(3.) Heard the learned counsel for the petitioner and the learned panel counsel for the respondent-BDA and have perused the papers.