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Judgment
Mohan Shantanagoudar
Sri G.M. Chandrashekhar, learned counsel is directed to take notice for respondent Nos. 2 and 3.
Learned Government Advocate is directed to take notice for respondent No. 1.
The petitioner has prayed for the following relief:-
The petitioner above named prays that this Hon''ble Court be pleased to issue a writ of certiorari or any other writ directing the 3rd respondent to approve the modified sanctioned plan without insisting the receipt for payment of betterment charges and pass any other order or direction as this Hon''ble Court deems fit in the circumstances of the case including the cost of the proceedings in the ends of justice.
The writ petition is filed merely on the assumption that the respondents may insist for payment of betterment charges for the purpose of approving the modified sanctioned plan.
There is no order as such issued by the respondents insisting the petitioner to pay betterment charges as on this day. Hence, the writ petition on the basis of mere assumption, cannot be entertained.
Be that as it may, according to the petitioner, she has made an application for approving the modified sanctioned plan. The said document is also not forthcoming in the records. If it is so, no positive order can be passed in this writ petition.
However, it is made clear that if the petitioner has made an application for approving the sanctioned modified plan, the same can be considered by the respondents as per law and on merits.
With the aforesaid observations, the writ petition stands dismissed.