IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.9954 OF 2019 & WRIT PETITION NOS.11106-11126/2019 (GM-KHB) BETWEEN:
1. ASHOK PRABHU P.
S/O. PALANI SWAMY AGED ABOUT 38 YEARS NO.45, 2ND MAIN, NR LAYOUT OPP FCI GARDEN VIJINAPURA BANGALORE-560 016.
2. RAJ KUMARAN S/O. PALANIVELU T AGED ABOUT 37 YEARS NO.23/1, ASHIRWAD BUILDING GAYATHRI SCHOOL ROAD VIJINA PURA BANGALORE-560 016.
3. DAS PRAKASH M.
S/O. LATE MUNIRAMAYYA AGED ABOUT 54 YEARS NO.15/25, 2ND MAIN ROAD MARENAHALLI, VIJAYANAGAR BANGALORE-560 040.
4. VIJAYA V. KULKARNI D/O. LATE KULKARNI AGED ABOUT 66 YEARS NO.78, SATYANARAYANAPET BELLARY-583 103.
5. JAYANTHI SARAVANAN W/O. SARVANAN AGED ABOUT 31 YEARS NO.D2/311, (SFS 407) 1ST MAIN, 5TH CROSS YELANKHA NEW TOWN BANGALORE-560 064.
6. ELIAH JOHNSON S. S/O. SHUNMUGAM AGED ABOUT 40 YEARS NO.1556, 13TH MAIN KODIHALLI BANGALORE NORTH HAL 2ND STAGE BANGALORE-560 008.
7. RANHUNATHA K. R. S/O. RAJANNA K. N. AGED ABOUT 30 YEARS NO. 19, KUMBARAHALLI SHIDLAGHATTA CHIKKABALLAPURA-562 105.
8. VIMALA W/O. KESHAVA MURTHY AGED ABOUT 32 YEARS NO.147, JAKKUR YELAHANKA BANGALORE-560 064.
9. C.R. PADMA W/O. MANJUNATH, AGED ABOUT 30 YEARS, NO.31, 2ND CROSS MANORAYANA PALYA, BANGALORE-560 032.
10. K. VENKATESH S/O. KRISHNAPPA T., AGED ABOUT 50 YEARS, NO.286, LAKSHMINAYANA TEMPLE STREET AMRUTHALLI, BANGALORE NORTH SAHAKARANAGAR POST-560 092.
11. SANGAPPA GUDAGERI S/O. RAYAPPA GUDAGERI AGED ABOUT 44 YEARS NO.51/91, 2ND CROSS KALIDASA LAYOUT, SRINAGAR BANGALORE-560 050.
12. NAVEEN KUMAR J. S/O. JAVARAIAH AGED ABOUT 26 YEARS NO.691, 6TH MAIN, 3RD CROSS, KRISHNA NADI ROAD, BRUNDAVANA NAGAR, BANGALORE-560 019.
13. RAJENDRA C.J.
S/O. JAVARAYA GOWDA AGED ABOUT 54 YEARS NO.29/48, 1ST D MAIN ROAD, 2ND PHASE, GIRINAGAR BSK 3RD STAGE BANGALORE-85.
14. T. ARTHI W/O. SHIVA KUMAR C.S. AGED ABOUT 44 YEARS, NO.1558, 1ST CROSS, 1ST MAIN, 2ND PHASE, BEML LAYOUT, RR NAGAR, BENGALURU-560 098.
15. SHIVAKUMAR C.S. S/O. C SRIKANTHU, AGED ABOUT 49 YEARS, NO.1558, 1ST CROSS, 1ST MAIN, 2ND PHASE, BEML LAYOUT, RR NAGAR, BENGALURU-560 098.
16. P.R. SURESH BABU AGED ABOUT 40 YEARS, NO.72, NEW NO.2, INFANTRY ROAD CROSS, BANGALORE-01 17. NAGARAJ S/O. NANJAPPA, AGED ABOUT 32 YEARS, NO.12, 16TH A MAIN, SRINAGAR ROAD, IN FRONT OF GOVERNMENT SCHOOL BBMP, BANGALORE-560 050.
18. BHARATHI N.
W/O. DAS PRAKASH AGED ABOUT 47 YEARS NO.15/25, 2ND MAIN ROAD MARENAHALLI, VIJAYANAGAR BANGALORE-560 024 19. HARIHARASASTRY N. J. S/O. N. J. KRISHNA SASTRY, AGED ABOUT 65 YEARS, NO.63/3, RAGHAVENDRA KUKKADAMA TEMPLE ROAD RAGHAVANGARI CROSS TELECOM LAYOUT BANGALORE-560 026.
20. K. LALITHAKUKMARI W/O. HARIHARASASTRY N. J., AGED ABOUT 61 YEARS, NO.63/3, RAGHAVENDRA KUKKADAMA TEMPLE ROAD RAGHAVANGARI CROSS TELECOM LAYOUT BANGALORE-560 026.
21. N.J. RAJESH KUMAR S/O. HARIHARASASTRY N. J. AGED ABOUT 37 YEARS NO.63/3, RAGHAVENDRA KUKKADAMA TEMPLE ROAD RAGHAVANGARI CROSS TELECOM LAYOUT BANGALORE-560 026.
22. N. SUDHA W/O. DINESH R AGED ABOUT 44 YEARS NO.192/2, BESIDE 3B CROSS GURURAJU LAYOUT BANGALORE-560 037. … PETITIONERS (BY SRI VISHNU HEGDE, ADV.) AND 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR ROAD BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY HOUSING DEPARTMENT GOVT. OF KARNATAKA NO.213, 2ND FLOOR DR. AMBEDKAR ROAD BENGALURU-560 001.
3. THE COMMISSIONER KARNATAKA HOUSING BOARD 4TH FLOOR, CAUVERY BHAVAN K.G.ROAD, BENGALURU-560 001.
4. KARNATAKA HOUSING BOARD REPRESENTED BY ITS SECRETARY KARNATAKA HOUSING BOARD 3RD FLOOR, CAUVERY BHAVAN K.G.ROAD, BENGALURU-560 001. … RESPONDENTS (BY SRI V. SHIVAREDDY, H.C.G.P.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 AND R4 TO CONSIDER THE REPRESENTATION DATED 08.01.2019 MADE BY THE PETITIONERS I.E., ANNEXURE-A, BY ALLOTING THE RESPECTIVE SITES TO THE PETITIONERS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Vishnu Hegde, learned counsel for petitioners. Sri V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 4.
2. The writ petitions are admitted for hearing.
With the consent of learned counsel for the parties, the matters are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for a direction to the respondents to consider the representation dated 08.01.2019 submitted by them for allotment of the sites in question.
4. When the matters were taken up for consideration today, learned counsel for the petitioners submitted that the writ petitions be disposed of with the direction to the respondent Nos.3 and 4 to consider and decide the representation submitted by the petitioners dated 08.01.2019 by a speaking order within a fixed time limit.
5. On the other hand, learned High Court Government Pleader for respondent Nos.1 to 4 submits that suitable action in accordance with law on the aforesaid representation shall be taken.
6. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with the direction to the respondent Nos.3 and 4 to consider and decide the representation submitted by the petitioners dated 08.01.2019 by a speaking order in accordance with law within a period of three months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid direction, the writ petitions are disposed of.
Sd/- JUDGE ST