IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.9300/2016 & WRIT PETITION NO.9301/2016 (GM-RES) BETWEEN:
1. B.T.DEVARAJEGOWDA AGED ABOIUT 61 YEARS, HOUSE NO.1482, ‘LAXMI NIALAYA’, SARDAR VALLABH BHAI PATEL NAGAR MYSORE-570 028.
2. CHIKKEGOWDA AGED ABOUT 38 YEARS, S/O.AJAYAGOWDA R/O.NO 243, ‘C’ BLOCK, JALAPUR POLICE QUARTERS, K.S.R.P MYSORE-570 019. ... PETITIONERS (BY SRI H.C. PRAKASHA & SMT. KAVITHA H.C., ADVS.) AND:
1. THE STATE OF KARNATAKA REPTD BY THE SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA BENGALURU-560 001.
2. THE DEPARTMENT OF URBAN DEVELOPMENT GOVT. OF KARNATAKA VIKASA SOUDHA BENGALURU-560 001. REPTD BY ITS SECRETARY 3. THE DIRECTOR GENERAL & INSPECTOR SGENERAL OF POLICE STATE OF KARNATAKA NO.2, NRUPATHUNGA ROAD BENGALURU-560 001. ... RESPONDENTS (BY SMT. PRATHIMA HONNAPURA,HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ALLOT FREE HOUSE SITE TO PETITIONERS, IN THEIR HOME DISTRICT / DISTRICT OF THEIR CHOICE AND SITAL VALUE IN TERMS OF THE ORDER DTD.19.11.2010 OF THIS HON'BLE COURT IN WP 18063-18072 OF 2010 [GM-RES] AND CONNECTED MATTERS VIDE ANNEX-B.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are before this Court seeking issue of mandamus to direct the respondents to allot free house site to the petitioners in their home district in terms of the order dated 19.11.2010 passed in W.P.Nos.18063-18072/2010. In that direction, the petitioners are seeking consideration of their representations dated 14.01.2016 as at Annexure-‘D’ and ‘E’ Series.
2. The petitioners are persons, who were part of the Special Task Force (‘STF’) which was constituted for capturing the forest brigand. The respondents had announced a scheme of special benefit to such persons. The entitlement thereto has been considered by this Court in W.P.Nos.18063-18072/2010 and through the order dated 19.11.2010 had directed that such benefits are to be granted to the persons, who were part of the STF. The petitioners claiming that such benefit had not been extended to them are before this Court in these petitions.
3. The respondents have filed their objection statement. A perusal of the same would disclose that the respondents have admitted the contention as putforth in these petitions and it is stated therein that the petitioners herein are also entitled to the benefit as held by this Court in W.P.Nos.18063-18072/2010 dated 19.11.2010. However, it is not spelt out in the objection statement about the manner in which the order would be complied.
4. Therefore, to that extent, on taking note of the right of the petitioners for such benefits, a direction is issued to the respondents to take note of the representations of the petitioners and intimate the petitioners the specific details with regard to the manner and the time frame within which such benefit would be made available to the petitioners.
5. To enable such consideration to be made within a time frame, the petitioners shall now submit copies of the representations to respondent No.3, who shall take note of the same and intimate the details of the manner in which the benefit would be made available to the petitioners. Such communication shall be issued to the petitioners as expeditiously as possible but, not later than two months from the date on which the copies are submitted. The benefits to be extended shall also be extended and made available to the petitioners within the time frame to be indicated in such communication.
The petitions are accordingly disposed of.
Sd/- JUDGE ST