IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.14279-14293 OF 2019 (GM-RES) BETWEEN:
1. RAJALAKSHMI. G. R. W/O LATE K. JAYAPPA, AGED ABOUT 58 YEARS S.I.H.S.QUARTER NO.57 2. GANGAPPA S/O JUGALAPPA REDDY, AGED ABOUT 71 YEARS S.I.H.S.QUARTER NO.40 3. T GIRIYAPPA S/O THIMMAPPA AGED ABOUT 67 YEARS S.I.H.S.QUARTER NO.88 4. D.H. BASAVARAJU S/O D K.DODDEGOWDA AGED ABOUT 56 YEARS S.I.H.S.QUARTER NO.37 5. S.K.KENGATAPPA S/O SANDAPPA AGED ABOUT 63 YEARS S.I.H.S.QUARTER NO.68 6. B.BUDDAPPA S/O BUDDAPPA AGED ABOUT 69 YEARS S.I.H.S.QUARTER NO.20 7. ANUMAKKA W/O U.S.HANUMANTHAPPA AGED ABOUT 61 YEARS S.I.H.S.QUARTER NO.1 8. R.RANGAPPA S/O K.R.RANGASWAMANNA AGED ABOUT 67 YEARS L.I.G. QUARTER NO.6 9. C.S.KRISHNACHAR S/O SIDDALINGACHAR AGED ABOUT 64 YEARS S.I.H.S.QUARTER NO.41 10. G.THIMMAIAH S/O GOVINDAPPA AGED ABOUT 64 YEARS S.I.H.S.QUARTER NO.50 11. C PANDURANGAIAH S/O M.H.CHINNAPPA AGED ABOUT 72 YEARS S.I.H.S.QUARTER NO.75 12. T JAYARAMAIAH S/O THIMMAIAH AGED ABOUT 64 YEARS S.I.H.S.QUARTER NO.4 13. H.M.SANNAVEERAPPA S/O G MURUDE GOWDA AGED ABOUT 65 YEARS L.I.G.QUARTER NO.4 14. CHIDANANDA C S/O CHITHTHAPPA AGED ABOUT 39 YEARS L.I.G.QUARTER NO.12 15. V.M.MUJEEB S/O MOHAMED IMAM SAB AGED ABOUT 72 YEARS S.I.H.S.QUARTER NO.76 ALL ARE R/AT VANIVILASA CO-OPERATIVE SUGAR FACTORY QUARTERS, HIRIYURU TALUK CHITRADURGA DISTRICT-577599 ... PETITIONERS (BY SRI R. SHASHIDHARA, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577501.
3. THE OFFICIAL LIQUIDATOR VANIVILASA CO-OPERATIVE SUGAR FACTORY, HIRIYUR-572144.
... RESPONDENTS (BY SRI Y.D. HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RSPONDENTS TO EXECUTE THE REGISTERED SALE DEED IN THE NAME OF PETITIONERS IN RESPECT OF THIEIR RESIDENTIAL QUARTERS IN SO FAR AS THE PETITIONER IS COCNERNED.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for the following reliefs:
“a) Issue writ of mandamus or any other writ or order or direction, in the nature of writ directing respondents to execute the registered sale deed in the name of petitioners in respect of residential quarters in so far as the petitioners are concerned, in the interest of equity and justice.
b) Issue any order or direction in the nature of writ as this Hon’ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners are employees of Vanivalasa Co-operative Sugar Factory Hiriyur. It is further submitted that the petitioners are working in the factory since 1970 and the management of the factory allotted residential quarters to the petitioners and the petitioners are in occupation of the aforesaid quarters for the past more than 35 years. It is also submitted that some time in the year 2004, the factory in which the petitioners were employed was closed as a result of which, the petitioners were rendered jobless. The petitioners thereafter submitted several representations to the Government of Karnataka and the Deputy Commissioner, Chitradurga District. In the meanwhile, an Official Liquidator, in respect of the properties, was appointed. The petitioners have approached the Official Liquidator also seeking allotment of the accommodation in question. However, the representations submitted by the petitioners have failed to get any response and the writ petitions be disposed of with a direction to the Official Liquidator to consider and decide the representations submitted by the petitioners by a speaking order. On the other hand, learned counsel for the respondent No.3 submits that in case petitioners submit such representations, the same shall be dealt with in accordance with law.
4. In view of the aforesaid submissions and in the facts of the case, the writ petitions are disposed of with a direction that in case the petitioners submit their representations to the respondent No.3 namely the Official Liquidator, the Official Liquidator shall decide the representations submitted by the petitioners by a speaking order in accordance with law within a period of four weeks from the date of receipt of such representations. It is further directed that while deciding the representations submitted by the petitioners, the Official Liquidator shall bear in mind the order, if any, issued by the State Government in this regard and also take into account that whether or not any similarly situated persons have been allotted the residential quarters. It is made clear that this Court does not express any opinion on the merits of the petitions. However, till the claim of the petitioners is decided, the petitioners shall not be dispossessed from the said residential quarters.
Sd/- JUDGE SA