MAHESHWARI VIDYA VARDHAK SANGH Vs. SWAMI VIVEKANANDA EDUCATIONAL AND WELFARE SOCIETY

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 28.03.2013 passed by the learned Single Judge dismissing the writ petition filed by the present appellant.

(2.) THE dispute pertains to allotment of civic amenity site which has been made in favour of the 1st respondent pursuant to a notification dated 16.06.2001 issued by the Gulbarga Development Authority notifying the site for allotment and calling for applications. The allotment of the site was made in favour of the 1st respondent on 01.08.2002. The Gulbarga Development Authority again issued another notification dated 19.07.2004 notifying for allotment certain civic amenity sites including the one that had been already allotted in favour of the 1st respondent. The appellant/writ petitioner applied for allotment of the said site, which had been already allotted to the 1st respondent. An endorsement was issued by the 2nd respondent vide Annexure -E to the writ petition proposing to allot another civic amenity site to the writ petitioner. The appellant/writ petitioner urged that even before the expiry of the time fixed for filing the application as per the notification dated 19.07.2004, allotment was made in favour of the 1st respondent and therefore, the same was illegal. This contention has been repelled by the learned Single Judge holding that the Gulbarga Development Authority in the affidavit filed, before the Court had made it clear that by mistake the site in question was included in the notification dated 19.07.2004, though the said site had been already allotted in favour of the 1st respondent pursuant to the earlier notification dated 16.06.2001.

(3.) LEARNED counsel for the respondents strongly supports the order passed.