DATED THIS THE 10TH
DAY OF NOVEMBER 1998
WRIT PETITION No. 10240 /1993
The Rajajinagar Housing Co-operative
The Bangalore Development Authority
This W.P. is filed under articles 226 & 227 of the Constitution of India, praying to declare that the petitioner has got deemed sanction to form a layout as per the plan produced before a B.D.A. on 14-10-1991 in respect of land acquired under notifications dated 06-06-1988 and 13-01-1989 issued under Sec. 4 & 6 of the Land Acquisition Act at Annex -A and B.
This petition coming on for orders this day, the court made the following:
O R D E R
 The petitioner in this Writ Petition sought declaration that he had a deemed sanction to form a lay out as per the plan produced before the B.D.A. on 14-10-1991 in respect of the land acquired under notifications dated 06-06-1988 and 13-01-1989 issued under Sec. 4 and 6 of the land Acquisition Act.
 When the Writ Petition was heard, this court by an order dated 30-06-1993 passed the following interim order:
 The learned Counsel for the respondent submitted that in the facts and circumstances of the case, the petitioner would not be entitled to a deemed sanction with regard to the plan produced on
14-10-1991. He submitted that the petitioner has furnished a revised plan dated 26-07-1993.
 The learned Counsel for the petitioner Mr. N. S. Sanjegowda, submitted that the plan was furnished to the B.D.A. or " A" & "B" and the Application for sanction was kept at the office of the B.D.A. and no intimation was sent to the petitioner. Therefore, the learned Counsel for the petitioner submitted that the petitioner as a deemed licence under Sec.32 of the B.D.A. Act. Sec. 32 of the B.D.A. act reads as follows:
"If the authority does not refuse sanction within six months from the date of the application under sub-section  or from the date or receipt of all information asked for under sub-section , such sanction shall be deemed to have been granted and the applicant may proceed to form an extension or layout or to make the street, but not so as to contravene any of the provisions of this Act and the Rules or bye-laws made under it ."
 It was submitted that since no reply came from B.D.A within the stipulated time of six months, the sanction was deemed to have been granted.
 No materials have been placed by the respondent that the respondent refused to sanction the plan within the period of six months.
 All that has been submitted by the respondent was pursuant to an interim order, the petitioner has furnished a revised plan. Whether the revised plan has been sanctioned or not need not be gone into in this Court.
 In that view of the matter, this writ petition becomes infructuous and is accordingly dismissed.