IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NOS.52436-52440/2018 (LB RES) BETWEEN 1. SMT. HANUMAKKA AGED ABOUT 60 YEARS, W/O VENKATAHANUMAIAH, R/AT 68, BYLAKONENAHALLI, K.J.LAKKENAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562123.
2. SMT. ANJANAMMA AGED ABOUT 43 YEARS, W/O NARASIMHAMURTHY, R/AT NO.69, BYALAKONENAHALLI, K.J.LAKKENAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 123 3. SMT. LAKSHMAMMA AGED ABOUT 42 YEARS, W/O CHANDRASHEKAR, R/AT NO.71, BYALAKONENAHALLI, K.J.LAKKENAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 123 4. SMT. BHAGYAMMA.H AGED ABOUT 40 YEARS, W/O HANUMANTHARAJU, R/AT NO.114, BYALAKONENAHALLI, K.J.LAKKENAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 123 5. SMT. REKHA AGED ABOUT 35 YEARS, W/O SIDDARAJU, R/AT NO.62, BYALAKONENAHALLI, K.J.LAKKENAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 123.
(BY SRI MUKKANNAPPA S B, ADV.) AND ... PETITIONERS 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU-587 101 3. THE CHIEF EXECUTIVE OFFICER BENGALURU URBAN ZILLA PANCHAYAT, S.KARIYAPPA ROAD, BANASHANKARI, BENGALURU-560 050 4. THE TAHASILDAR BENGALURU NORTH TALUK, REVENUE BHAVAN, K.G.ROAD, BENGALURU-560001.
5. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT, YELAHANKA, BENGALURU NORTH TALUK-560 078.
6. THE SECRETARY KADABAGERE GRAMA PANCHAYAT KADABAGERE, BENGALURU NORTH TALUK, BENGALURU-560 078.
... RESPONDENTS (BY SRI M.A.SUBRAMANI, HCGP FOR R1-R2 & R4, SRI B.J.SOMAYAJI, ADV. FOR R3,R5 & R6.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE SUBMITTED BY THE PETITIONERS UNDER RULE 94C, 94CC TO THE R-4 REGARDING REGULARIZATION OF THE UNAUTHORIZED CONSTRUCTION OF THE RESIDENTIAL HOUSES BY THE PETITIONERS IN SURVEY NO:25 OF BYLAKONENAHALLI, DASANAPURA HOBLI, BENGALURU NORTH TALUK VIDE ANNEXURES-M, M2, M4, M6 & M8 UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. In the instant writ petition, the petitioners are praying for the issuance of a writ of mandamus to the respondents and thereby direct them to consider their application for regularization of unauthorized construction put up by them, under Rule 94C and 94CC in Sy. No.25 of Bylakonenahalli, Dasanapura Hobli, Bengaluru North Taluk, vide Annexures-M, M2, M4, M6 & M8.
2. Learned HCGP, on instructions from Sri S.Munirajappa, Deputy Tahsildar, Dasanapura Hobli, submits that as per the records made available, the said land has been already handed over to the Executive Officer of Taluk Panchayath, Bengaluru North Taluk, for the purpose of allotment under the Ashraya Scheme and prima facie, the applications are not sustainable.
3. Learned Counsel Sri B.J.Somayaji appearing for respondents 3, 5 & 6 submits that if the petitioners satisfy the criteria, they may seek for allotment under the Ashraya Scheme itself.
4. In the light of the submission made by the learned HCGP that the land has been handed over to the Taluk Panchayath, question of consideration of the application for regularization of their unauthorized construction would not arise and any direction issued in this regard would be rendered futile and hence, the petition stands disposed of with liberty to the petitioners to approach the appropriate authority and in a manner known to law. Ordered accordingly.
Sd/- JUDGE KK CT-HR