IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.36990 OF 2016 (KLR-LG) PIL BETWEEN :
1. K.G.CHIDANANDA AGED ABOUT 50 YEARS S/O LATE GURUNANJAPPA 2. K.M.SADASHIVAIAH AGED ABOUT 40 YEARS S/O LATE MAHALINGAPPA 3. K.H.YOGESH AGED ABOUT 42 YEARS S/O HUTCHEGOWDA 4. K.V.NIRANJAN AGED ABOUT 47 YEARS S/O VEEREGOWDA 5. K.S.SHIVAKUMARAIAH AGED ABOUT 53 YEARS SO LATE SIDDARAMAIAH 6. K.S.RENUKAIAH AGED ABOUT 57 YEARS S/O LATE SIDDARAMAIAH 7. NIJAGUNAIAH AGED ABOUT 54 YEARS S/O SIDDAGANGAIAH 8. K.S.MANJUNATH AGED ABOUT 38 YEARS S/O SIDDALINGAIAH 9. K.R.BASAVARAJAIAH AGED ABOUT 56 YEARS S/O LATE RANGAIAH 10.RANGASWAMY AGED ABOUT 40 YEARS S/O LATE NANJUNDAPPA 11.K.S.NAGESH AGED ABOUT 57 YEARS S/O LATE NANJUNDAPPA 12.K.T.PALAKSHAIAH AGED ABOUT 45 YEARS S/O LATE THIMMANNA 13.UMESH AGED ABOUT 55 YEARS S/O RANGAIAH 14.K.S.PARAMESHWARAIAH AGED ABOUT 50 YEARS S/O K.R.SADASHIVAIAH 15.K.V.SIDDARAMAIAH AGED ABOUT 37 YEARS S/O VEEREGOWDA ALL ARE RESIDENTS OF KODINAGENAHALLI, NITTUR HOBLI THYAGATUR POST, GUBBI TALUK TUMAKURU DISTRICT – 572 216 ... PETITIONERS (BY MR.G.M.SHARATH KUMAR, ADVOCATE FOR SRI.VINAYA KEERTHY M., ADVOCATE) AND :
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALOORU – 560 001 2. DY. COMMISSIONER TUMAKURU DISTRICT TUMAKURU – 572 101 3. ASST. COMMISSIONER TUMAKURU TALUK & DISTRICT – 572 101 4. TAHASILDAR GUBBI TALUK TUMAKURU DISTRICT – 572 216 5. BLOCK EDUCATION OFFICER GUBBI TALUK TUMAKURU DISTRICT – 572 216 ... RESPONDENTS (BY MR.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Nos.1 and 2 to grant 3 acres of kharab land in Survey No.89, Kodinagenahalli Village, Nittur Hobli, Gubbi Taluk to the Government Lower Primary School, Kodinagenahalli, Nittur Hobli, Gubbi Taluk, and etc.
This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER Mr.V.Sreenidhi, learned additional government advocate, accepts notice for all the respondents.
2. This is a writ petition seeking a direction on the authorities to allot 3 acres of kharab land in survey No.89, Kodinagenahalli Village, Nittur Hobli, Gubbi Taluk, to the Government Lower Primary School, Kodinagenahalli Village, Nittur Hobli, Gubbi Taluk.
3. Mr.G.M.Sharath Kumar, learned advocate appearing for the writ petitioners, submits that the children studying in the Government Lower Primary School have no playground. Therefore, this property should be allotted to the Government Lower Primary School.
4. Mr.Sreenidhi submits that there are rival claimants.
Three applicants are seeking for allotment of the same land.
5. We feel that justice will be subserved if the writ petition is disposed of by directing the Deputy Commissioner of Tumakuru District, to consider all the applications submitted by the parties for allotment of the land in accordance with law and pass a reasoned and speaking order within a period of four weeks.
6. The writ petition stands disposed of.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV