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 NOs.49422-428 OF 2016 (GM-RES) BETWEEN:
1. SMT SUNDARAMMA W/O H RAVI, AGED ABOUT 56 YEARS, R/AT 174/A, 1ST MAIN ROAD, KAMALANAGAR, BANGALORE - 560 079.
2. SMT. RATHNAMMA W/O MAHADEV, AGED ABOUT 50 YEARS, R/AT 174/A, 1ST MAIN ROAD, NEAR GANGADHARESHWARA HIGH SCHOOL, KAMALANAGAR, BANGALORE - 560 079.
3. B RAGHU S/O BEERAPPA, AGED ABOUT 38 YEARS, R/AT NO. 223, 1ST G CROSS, 3RD STAGE, 4TH BLOCK, BASAVESHWARANAGAR, BANGALORE - 560 079.
4. SMT. RADHA PRAHALADA W/O S.Y. DESHAPANDE, AGED ABOUT 57 YEARS, R/AT NO. 150, 2ND STAGE, GRUHALAKSHMI LAYOUT, KAMALANAGAR, BANGALORE - 560 079.
5. K N JAYARAM S/O NAGARAJU, AGED ABOUT 60 YEARS, R/AT NO. 235, 1ST MAIN ROAD, CHENNAMMAKERE ACHHUKATTU, BANASHANKARI, BANGALORE - 560 050.
6. S BHARATHI S/O SHAMAIAH R, AGED ABOUT 45 YEARS, R/AT NO. 57, 16TH CROSS, 32ND MAIN ROAD, 6TH STAGE, J.P.NAGAR, BANGALORE - 560 076.
7. H KONDANDARAMA S/O LAKSHMIPATHI, AGED ABOUT 55 YEARS, R/AT NO. 261, LAKSHMI KRUPA, MAHADESHWARANAGAR, VISHWANEEDAM POST, MAGADI ROAD, BANGALORE - 560 091. … PETITIONERS (By Mr. CHRISHTOPHER NOEL A , ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING VIKAS SOUDHA, BANGALORE - 560 001.
2. THE HOUSING BOARD COMMISSIONER KARNATAKA HOUSING BOARD, BANGALORE - 560 009. … RESPONDENTS (By Mr. Y D HARSHA AGA FOR R1, Mr. S N ASWATHNARAYANA ADV., FOR R2) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the R-2 notification published in Vijaya Karnataka daily news paper dtd.10.9.2016 inviting public auction for 10 intermediate sites vide its order dtd.1.9.2016 at Annex-C to the W.P. and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Christopher Noel, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent No.1.
Sri.S.N.Aswathnarayana, learned counsel for respondent No.2.
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 has prayed for the following reliefs:
“a) Issue a writ of certiorari or any appropriate writ or orders, directions, quashing the 2nd respondent notification published in Vijaya Karnataka daily Newspaper dated 10.9.2016 inviting public auction for 10 intermediate sites vide its order dated 1.9.2016 DIPR-807/2016-17 at Annexure-C to the writ petition.
b) Issue a writ of mandamus or any other appropriate writ or order, directions, directing the 2nd respondent to consider their representations dated 10.9.2016 at Annexure- D to D6 to the writ petition.
c) Grant such other relief, order or direction to the respondents in the circumstances of the case.”
4. When the matter was taken up today, learned counsel for the petitioners submits that in view of the order of stay dated 20.09.2016, the first relief claimed in the petition does not survive for consideration. It is further submitted that the writ petitions be disposed of with a direction to the respondent No.2 to consider the representations dated 10.09.2016 submitted by the petitioners contained in Annexure-D to D6 by a speaking order within a fixed time limit. On the other hand, learned counsel for the respondent No.2 submitted that suitable action on the representations shall be taken in accordance with law.
5. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with a direction to the respondent No.2 to consider the representations submitted by the petitioners contained in Annexures-D to D6 by a speaking order within a period of three months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV