IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.46444 OF 2016 & 46503-46507 OF 2016 (GM-SLUM) BETWEEN:
1. SMT.SAMPOORNAMMA W/O LATE RAMU AGED ABOUT 70 YEARS.
2. SMT.ASHA W/O MANJU AGED ABOUT 25 YEARS.
3. SMT.SUMITHRA D/O LATE MAHADEVA AGED ABOUT 23 YEARS.
4. SRI.C.GANESH S/O LATE CHELUVARAJU AGED ABOUT 38 YEARS.
5. SMT.KASHIYAMMA W/O KRISHNA AGED ABOUT 46 YEARS.
6. SMT.MANJULA W/O MUNIRAJU AGED ABOUT 46 YEARS.
ALL ARE RESIDING AT KARBAL MAIDANA BEHIND RAILWAY PLATFORM CHANNAPATTANA TOWN RAMANGARAM DISTRICT – 562 160.
(By Mr. SHIVAPRAKASH, ADV.) … PETITIONERS AND:
1. THE DEPUTY COMMISSIONER RAMNAGAR DISTRICT RAMNAGAR – 562 159.
2. THE CITY MUNICIPAL COUNCIL CHANNAPATTANA REPRESENTED BY ITS CHIEF OFFICER CHENNAPATTANA – 562 160.
3. KARNATAKA SLUM CLEARANCE BOARD REPRESENTED BY ITS SECRETARY AT NO.55, ABEYA COMPLEX RESILDAR ROAD, SESHADRIPURAM BANGALORE – 560 020.
4. THE ESTATE OFFICER SOUTH WESTERN RAILWAY BANGALORE DIVISION BANGALORE.
(By Mr.V.SHIVAREDDY HCGP FOR R-1 Mr.A.V.GANGADHARAPPA, ADV.FOR R-2 Mr.S.P. SATISHA, ADV. FOR R-3 Mr.C.BABU, ADV. FOR R-4) … RESPONDENTS - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF NOTIFICATION AND ISSUE OF POSSESSION CERTIFICATE AND TITLE DEEDS IN PURSUANCE OF THE NOTIFICATION AT ANNEXURE-A FROM RESPONDENT AUTORITIES AND DIRECT AGAINST THE RESPONDENT AUTHORITIES TO CONSIDER THE DOCUMENTS SUBMITTED IN THE MATTER OF LAWFUL AND POSSESSION AND NOT TO CAUSE ANY ACT OF DEMOLITION OR DAMAGE TO THE DWELLING HOUSES ACQUIRED AND DEVELOPED IN THE YEAR 1982 THROUGH THE DEPARTMENT OF SLUM BOARD AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.Shivaprakash, learned counsel for the petitioners.
Sri.V.Shivareddy, learned High Court Government Pleader for the respondent No.1.
Sri.A.V.Gangadharappa, learned counsel for the respondent No.2.
Sri.S.P.Satisha, learned counsel for the respondent No.3.
Sri.C.Babu, learned counsel for the respondent No.4.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seeks for a direction against the respondent authorities to consider the documents submitted in the matter of lawful right and possession.
4. After hearing the learned counsel for the parties and in the facts of the case, I deem it appropriate to dispose of the writ petitions with a liberty to the petitioners to submit a representation to the competent authority. Needless to state that in case such a representation is made to the competent authority, the same shall be decided by a speaking order in accordance with law within a period of four months from the date of receipt of such representation. With regard to the other relief which has been claimed by the petitioners, the petitioners are at liberty to take recourse to such remedy as may be available to them under the law. Till the representation submitted by the petitioners is decided, interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV