IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.31430-454/2019 (LB-RES) BETWEEN:
1. V. KRISHNAMURTHY S/O VENKATAPPA AGED ABOUT 68 YEARS NO.151, 7TH, MAIN, 3RD STAGE, CHIKKASANDRA GELEYARA BALAGA CHIKKABANAVARA BENGALURU-560 090 2. SMT KAMALAMMA W/O RAMAIAH AGED ABOUT 56 YEARS NO.80, 8TH CROSS INDIRANAGARA BENGALURU-560 038 3. SUJATHA W/O VASANTHKUMAR AGED ABOUT 52 YEARS R/O NO.566, 4TH CROSS MAHALAKSHMIPURAM LAYOUT BENGALURU-560 086 4. SMT VASANTHA W/O SRINIVASA AGED ABOUT 57 YEARS R/O DODDABIDARAKALLU MAIN ROAD 3RD CROSS, BENGALURU-560 090 5. SMT HONNAMMA W/O KUMBANNA AGED ABOUT 62 YEARS R/O 1ST CROSS, NETHAJI ROAD TUMKUR-572 102 6. SRI HARISH NANJAIAH S/O NANJAIAH AGED ABOUT 48 YEARS R/O NO.368, 5TH A MAIN ROAD 2ND CROSS, HAMPINAGARA BENGALURU-560 104 7. SRI DINESH S/O KAALEGOWDA AGED ABOUT 60 YEARS R/O NO.17, CHOWDESHWARINAGARA LAGGERE BENGALURU-560058 8. SMT KUMARI W/O MANJEGOWDA AGED ABOUT 56 YEARS R/O DASANAKERE KIRESAVE POST HIRISAAVE HOBLI CHANNARAYANAPATNA TQ. HASANA DISTRICT-573124 9. SRI ANANDA SHETTIGAR S/O LAKSHMI AGED ABOUT 48 YEARS R/O NO.187, HEGGANAHALLI BENGALURU NORTH BENGALURU-560091 10. SMT GOWRAMMA W/O DIVAKAR AGED ABOUT 55 YEARS NO.246, 3RD CROSS FRIENDS COLONY HEGGANAHALLI BENGALURU-560091 11. PRASHANTH S/O RAMEGOWDA AGED ABOUT 55 YEARS SAROJAMMA NILAYA SALAGAME ROAD HASSAN DIST-573201 12. AROGYA SUJATHA W/O JAYAKANTH JOSEPH AGED ABOUT 57 YEARS 2ND CROSS YALAHANKA MAIN ROAD NEAR DAIRY BUS STOP BENGALURU-560064 13. JAGANNATH S/O PUTTE GOWDA AGED ABOUT 49 YEARS R/O NO.29, 3RD CROSS KANTEERAVA STUDIO MAIN ROAD NARASIMHALU LAYOUT NANDINI LAYOUT BENGALURU-560 096 14. SMT SHANTHAMMA W/O APPAJIGOWDA AGED ABOUT 59 YEARS NO.20, NAGALAPURA GRAMA HOLENARASIPURA TALUK HASSAN DIST. - 573211 15. SRI NANJUDACHAR S/O SUJNANACHAR AGED ABOUT 65 YEARS NO.343, 5TH MAIN KRISHNANADA NAGAR 10TH CROSS, 2ND CROSS ROAD BENGALURU-560081 16. SRI RAMU S/O KRISHNAPPA AGED ABOUT 28 YEARS NO.41, ANDRAHALLI BENGALURU-560091 17. SMT VEENA W/O RAMESH AGED ABOUT 49 YEARS NO.36, KSCB, KL NAGAR NANDINI LAYOUT BENGALURU-560096 18. SMT SARASWATHAMMA W/O GANGANNA AGED ABOUT 58 YEARS NO.478, 2ND CROSS, 2ND BLOCK, BSK 1ST MAIN, BANASHANKARI BENGALURU-560074 19. SMT JAYAMMA W/O CHIKKAIAH AGED ABOUT 63 YEARS NO.19, 15TH MAIN ROAD 6TH CROSS, J C NAGAR KURUBARAHALLI BENGALURU-560086 20. SMT INDIRA W/O RANGASWAMY AGED ABOUT 48 YEARS R/O MALLESH PALYA INDIRANAGARA BENGALURU-560038 21. SAVITRAMMA W/O HANUMANTHEGOWDA AGED ABOUT 68 YEARS R/O NO.17 HEGGANAHALLI CROSS NEAR HEGGANAHALLI BUS STOP MARUTHINAGAR BENGALURU-560098 22. SRI PRAKASH S/O APPAJIGOWDA AGED ABOUT 51 YEARS R/O NO.30 NAGALAPURA VILLAGE HOLENARASIPURA TALUK HASSAN DIST.-573 211 23. K S PRASANNA KUMAR S/O LATE SHRIKANTHACHAR AGED ABOUT 49 YEARS R/O NO.83, 17TH MAIN ROAD 9TH CROSS ROAD YES LAYOUT, LAGGERE BANGALORE-560 058 24. SRI DEEPAK N M W/O MAHADEVAPPA AGED ABOUT 52 YEARS R/O NO.235 AROGYA LAYOUT BLOCK-1 BANGALORE-560 091 25. SMT PUSHPA W/O PUTTASWAMY AGED ABOUT 49 YEARS R/O NO.390 LAKSHMIDEVINAGAR LAGGERE BENGALURU-560 096. … PETITIONERS (BY SRI RAVINDRA V.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING & URBAN DEVELOPMENT VIKAS SOUDHA DR AMBEDKAR ROAD BANGALORE-560001 REP. BY ITS CHIEF SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN K G ROAD BENGALURU-560009 3. THE PRESIDENT TALUK PANCHAYATH BENGLAURU NORTH TALUK YELAHANKA BENGALURU-560 068 4. THE TAHASILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN BANGALORE-560 009. … RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, AGA FOR R1, R2 & R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION AS PER ANNEXURE-F, G, H, J TO GIVE POSSESSION TO THE BENEFICIARIES AS PER HAKKUPPATRA OF THEIR RESPECTIVE NAMES ALONG WITH POSSESSION CERTIFICATE.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER Petitioners submit that the State has identified an extent of 3 acres 5 guntas in Karihobanahalli in Sy. No.8 and 3 acres 20 guntas in Sy. No.110 for the purpose of allotting sites under ‘Ashraya Scheme’. It is further submitted that allotment letters have been issued, copies of which are produced at Annexures – B to E. However, it is submitted that despite having issued Hakku Patras, copies of which are enclosed, the site have not been identified in order to put the petitioners into possession. As regards such grievance and for its redressal petitioners have addressed various representations, copies of which are enclosed at Annexures – F, G, H and J. However, it is submitted that the said representations have not been disposed of till date.
2. Learned Additional Government Advocate appearing for the respondent – State, upon instructions states that the said representations will be disposed of in accordance with law.
3. In light of the said submission, petitions are disposed of directing respondent No. 4 to consider and pass necessary orders on the representations of the petitioners at Annexures-F, G, H and J. The said consideration is to be completed within a period of six weeks from today.
4. It is made clear that in the event the 4th respondent requires the petitioners to furnish further information, the petitioners to comply with such requirement in order to ensure that the 4th respondent can effectively dispose of the representations.
Subject to the above observations, petitions are disposed of.
Sd/- JUDGE VP