IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48644 OF 2016 (GM-RES) BETWEEN:
K. R. RAJEGOWDA AGED ABOUT 41 YEARS S/O LATE RANGEGOWDA P.C. NO.323, RESIDING AT NO.H. KONGALLE (V), DODDA BEMATTHI (P), ARKALGUDA (T) HASSAN (D) PIN CODE: 573102. … PETITIONER (By Mr. PRAKASH H C , ADV.) AND:
1. THE STATE OF KARNATAKA REPTD BY THE ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPARTMENT OF URBAN DEVELOPMENT REP BY ITS SECRETARY, GOVT. OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560001.
3. THE DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE STATE OF KARNATAKA, N0.2, NRUPATHUNGA ROAD, BENGALURU 560001.
4. THE COMMISSIONER URBAN DEVELOPMENT AUTHORITY, HASSAN -577101.. … RESPONDENTS (By Mr. Y D HARSHA AGA FOR R1-3 Mr. A RAVISHANKAR, ADV. FOR R4) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to allot free house site to petitioner in his home district/district of his choice as allotted to similarly situated STF personnel in terms of the order dtd:19.11.2010 of this Hon’ble court in WP No.18063- 18072/2010 (CM-RES) and connected matters which is produced herewith as Annexure-B and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Prakasha H.C., learned counsel for the petitioner.
Sri.Y.D.Harsha, learned counsel for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue a writ of Mandamus or any other similar writ, order or direction thereby directing the Respondents to allot free house site to petitioner, in his home district/district of his choice as allotted to similarly situated STF personnel in terms of the order dated 19/11/2010, of this Hon’ble court in WP 18063-18072/2010 (GM-RES) and connected matters which is produced herewith as Annexure-B.
b) Issue a writ of Mandamus or any other similar writ, order or direction thereby directing the Respondents 1 to 3 to allot free house site to petitioner by considering their representations dated 29/07/2016, 29/07/2016, 05/08/2016, 26/07/2011 as per Annexure-D-1, Annexure-D-2, Annexure-D-3, Annexure-E.
c) Any other consequential reliefs that may be granted in the facts and circumstances of the case.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is entitled to allotment of a free house site in view of the fact that the petitioner had served Special Task Force constituted to capture Veerappan, who was an infamous forest brigand. On the other hand, learned counsel for the respondents submitted that the State Government has already released a sum of `2.34 lakhs in favour of the petitioner about three years ago. In case, the petitioner makes payment of the sital value, the house site in question shall be allotted to him by the respondent No.2.
5. In view of the aforesaid submissions and in the facts of the case, the writ petition is disposed of with a direction that in case the petitioner tenders the sital value to the respondent No.2 within a period of six months from the date of receipt of certified copy of the order passed today, the house site shall be allotted to the petitioner in accordance with law by the respondent No.2.
Sd/- JUDGE RV