Karnataka High Court
Radhamma vs State Of Karnataka on 27 January, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 180 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 180 OF 2023 (GM-RES)
BETWEEN:
1. RADHAMMA
W/O Y. YALLAPPA
AGED ABOUT 50 YEARS
OCC.: COOLI
R/O C/O SUMA
NO.479, AKG COLONY
K.CHANNASANDRA
BENGALURU - 560 067.
2. MEENA KUMARI A.,
W/O LATE KUMAR
AGED ABOUT 52 YEARS
OCC. HOUSE COOLI
C/O JAYALAKSHMI
R/O NO.17, 1ST CROSS
Digitally NEAR YELLAMMA TEMPLE
signed by
PADMAVATHI GANGANAGAR
BK
Location:
R.T.NAGAR POST
HIGH COURT
OF BENGALURU - 560 032.
KARNATAKA
3. GEETHA T.C.,
W/O NAGARAJ C.,
AGED ABOUT 40 YEARS
OCC.: HOUSE MAID
C/O MUNIYAPPA COMPOUND
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WP No. 180 of 2023
NO.103/C
NEAR VENKATESHWARA TEMPLE
OLD MADRAS ROAD
ULSOOR, HAL II STAGE
BENGALURU - 560 008.
4. KAMALA
W/O LATE A.BABU
AGED ABOUT 44 YEARS
OCC.: HOUSE MAID
C/O VENKATESH
R/O NO. 12C BLOCK
STEPDOWN MATTADAHALLI
NEAR GANGAMMA TEMPLE
R.T.NAGAR POST
BENGALURU - 560 032.
5. RUDRAMMA
W/O MARAPPA
AGED ABOUT 54 YEARS
OCC.: HOUSE MAID
C/O RAMESH
R/O NO.141, RASHTRA KAVI
KUVEMPU ROAD
D.CHANNADANDRA
BENGALURU - 560 043.
6. SUMA R.,
W/O SANTHOSH
AGED ABOUT 29 YEARS
OCC.: HOUSE MAID
C/O SAROJAMMA
R/O NO. 22, 3RD CROSS
CHIKKABANASWADI
BENGALURU - 560 033.
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WP No. 180 of 2023
7. SUMA
W/O NAGARAJ
AGED ABOUT 40 YEARS
OCC.: HOUSE MAID
C/O NARAYANASWAMY
R/O NO. 1051, AKG COLONY
K.CHANNASANDRA
KADGODI
BENGALURU - 560 067.
8. VARALAKSHMAMMA M.,
W/O S.V.KESHAVAMURTHY
AGED ABOUT 36 YEARS
OCC.: HOUSE MAID
C/O ERAMMA
R/O NO. 89, 6TH MAIN ROAD
NEAR GANESHA TEMPLE
GIRINAGARA, NAGENDRA BLOCK
BENGALURU - 560 050.
9. W. AMALI
W/O WILLIAM
AGED ABOUT 58 YEARS
OCC: HOUSE MAID
C/O RAGHAVENDRA
NO.33, GROUND FLOOR
BASAVANAGUDI MAIN ROAD
MARUTHI SEVA NAGARA
BENGALURU - 560 033.
10. KARLINA
W/O ROY PEETER
AGED ABOUT 37 YEARS
OCC.: HOUSE MAID
C/O SHOBHA
NO.1, 1ST FLOOR
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WP No. 180 of 2023
9TH CROSS, PSK NAIDU ROAD
KADIRAPPA ROAD
CHOCKSTONE
BENGALURU - 560 005.
11. MEENA
W/O PARASHURAMAN
AGED ABOUT 54 YEARS
OCC.:COOLI
C/O P.GANESH
R/O NO.1, B.COMPOUND
TELEGRAPH STREET
VENKATESHPURAM
NAGAVARA MAIN ROAD
BENGALURU - 560 045.
12. CHITRA
W/O PRAKASH BABU
AGED ABOUT 38 YEARS
OCC.: HOUSE MAID
C/O P. GANESH
R/O NO.1, B COMPOUND
TELEGRAPH STREET
VENKATESHPURAM
NAGAVARA MAIN ROAD
BENGALURU - 560 045.
13. VASANTHI
W/O BABU THANGAVELU
AGED ABOUT 44 YEARS
OCC.: HOUSE MAID
C/O JACOB
R/O NO.60, 2ND MAIN ROAD
DODDANNA NAGARA
VENKATESHPURAM
ARABIC COLLEGE POST
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WP No. 180 of 2023
BENGALURU - 560 045.
14. M. AMUDHA
W/O MUNIVELU
AGED ABOUT 43 YEARS
OCC.: HOUSE MAID
C/O BINDURANI
R/O 37, COMPOUND HOUSE
VENKATESHPURAM
SREE RAMA TEMPLE ROAD
NAGAVARA MAIN ROAD
BENGALURU - 560 045.
15. DEEPA
D/O MURUGAN
AGED ABOUT 32 YEARS
OCC.: HOUSE MAID
C/O JACOB NEXON
R/O NO. 46/1, BUILDING COMPOUND
2ND MAIN ROAD, DODDANNA LAYOUT
VENKATESHPURAM
BENGALURU -560 045.
16. BHARATHA DESHA
SC AND ST HAKKU RAKSHNA SANGHATANA (R)
REGISTERED UNDER KARNATAKA
SOCIETIES REGISTRATION ACT, 1960
REP. BY PRESIDENT
V THULASI PRAKASH @ V RAJU
NO.33, GROUND FLOOR
SHOP NO.6, C MAIN ROAD
HMT LAYOUT, R.T.NAGAR POST
BENGALURU - 560 032.
...PETITIONERS
(BY SRI. SYED AKBAR PASHA, ADVOCATE)
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WP No. 180 of 2023
AND:
1. STATE OF KARNATAKA
REP. BY SECRETARY
HOUSING DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DIST
DEVANAHALLI
BENGALURU RURAL - 562 110.
3. MANAGING DIRECTOR
RAJIV GANDHI GRAMINA
VASATHI NIGAMA NIYAMA
KAVERIBHAVAN 9TH FLOOR
E AND F BLOCK
KEMPEGOWDA ROAD
BENGALURU -560 001.
...RESPONDENTS
(BY SRI.B.V.KRISHNA, AGA FOR R1 AND R2;
SMT.SHILPA RANI., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2
AND 3 TO CONSIDER THE REPRESENTATIONS OF THE
PETITIONER NO.1 TO 15 DTD 15.11.2022 AND 19.11.2022,
WHICH ARE PRODUCED AT ANNEXURE-C, C1, TO C14 TO THE
WRIT PETITION WITHIN STIPULATED TIME.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 180 of 2023
ORDER
Petitioners are before this Court seeking a direction by issuance of a writ in the nature of mandamus directing consideration of representations submitted to the 2nd respondent/Deputy Commissioner on 15.11.2022 and 19.11.2022.
2. Heard Sri.Syed Akbar Pasha, learned counsel appearing for petitioners, Sri.B.V.Krishna, learned Additional Government Advocate for respondents 1 and 2 and Smt.Shilpa Rani, learned counsel appearing for respondent No.3.
3. Petitioners claim to be applicants for the purpose of grant of sites under Ashraya scheme which come within the ambit of the 3rd respondent-Rajiv Gandhi Gramina Vasathi Nigama Niyama. The representations are submitted to the 2nd respondent/Deputy Commissioner.
4. The learned Additional Government Advocate would submit that all the representations submitted to the Deputy -8- WP No. 180 of 2023 Commissioner are forwarded to the 3rd respondent who alone is competent to draw up a list of allottees considering the eligibility of the allottees qua the representations given by them.
5. Learned counsel for petitioners would submit that another representation would be given by the petitioners to the 3rd respondent, within a reasonable time. The learned counsel representing the 3rd respondent Smt.Shilpa Rani would submit that if the representations are submitted, it would be considered in accordance with law and appropriate orders would be passed.
6. Therefore, the petitioners are directed to submit their respective representations to the 3rd respondent/Rajiv Gandhi Gramina Vasathi Nigama Niyama. In the event, the petitioners would submit their representations within four weeks from the date of receipt of the copy of this order, the 3rd respondent shall consider the same and pass appropriate orders in accordance with law within twelve weeks thereafter. -9- WP No. 180 of 2023
7. With the aforesaid observations, petition stands disposed.
It is made clear that this Court has not pronounced upon the merit of the claim of the petitioners for grant of sites under the Ashraya scheme.
SD/-
JUDGE BKP List No.: 1 Sl No.: 46