Karnataka High Court
Smt Hema vs The State Of Karnataka on 2 July, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2018
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION NOs.49486-49560/2017(GM-RES)
BETWEEN:
1. Smt Hema
Wife of Mahesh
Aged about 48 years
Residing at No.1456, 2nd Cross
Nazarabad, Mysore 570 019.
2. Sri Babu
Son of M.Krishnamurthy
Aged about 55 years
Residing at No.1675, Bhogadi
Raghavendra Nagar, Mysore-570 018.
3. Smt Gayithramma
Wife of Srinivasamurthy.H.N
Aged about 53 years
Residing at Paparam Road
Nazarabad, Mysore-570 019.
4. Smt Jaya
Wife of Channamadu
Aged about 50 years
Residing at No.51, 1st Cross Road
2
Vishwakarma Colony
Gayathripuram, Mysore-570 019.
5. Smt Jareen Taj
Wife of Noor Mohammed Khan
Aged about 48 years
Residing at No.3296
Mohammed Sait Block
Lashkar Mohalla, Mysore-570 013.
6. Smt Mani
Wife of Late Manjunatha
Aged about 52 years
Residing at No.96, 2nd Phase
2nd Cross, Behind Church
Gayathripuram, Mysore-570 018.
7. Smt Jayalakshmi
Wife of Nanjunda
Aged about 50 years
Residing at No.10, A Block
Jyothinagar, Mysore-570 018.
8. Smt Soubhagya M
Wife of Madha
Aged about 50 years
Residing at No.1985, 1st Stage
8th Cross, Rajiv Nagar, Mysore-570 019.
9. Smt Ranishree M
Wife of S.S.Shantharaju
Aged about 55 years
Residing at No.24, Kannappa Road,
Udayagiri, Mysore-578 018.
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10. Sri Arun Kumar
Son of Premakumar
Aged about 55 years
Residing at No.1613, 3rd Stage
Rajiv Nagar, Mysore-570 018.
11. Smt Shashikala
Wife of Sunil Kumar M.C
Aged about 48 years
Residing at No.1/1, 6th Cross
Kyathemaranahalli Road
Udayagiri, Mysore-570 019.
12. Smt Padmamma
Wife of Subbe Gowda
Aged about 52 years
Residing at No.3273
123rd Cross, Shivanna Circle
Rajiv Nagara 1st Stage
Mysore-570 018.
13. Sri Mahesh L
Son of Lokesh
Aged about 50 years
Residing at No.15, Ittige Gudu,
Mysore-570 019.
14. Sri Srinivas
Son of not known
Aged about 52 years
Residing at No.1375, Zoo Road
Ittige Gudu, Mysore-570 018.
15. Smt P. Vijayakumari
Wife of T.Jayaram
4
Aged about 50 years
Residign at No.1928
Holekoyyuva Beedi/Street
Mandimohalla, Mysore-570 018.
16. Smt R Lalithamma
Wife of Manohar
Aged about 53 years
Residing at No.26
H.I.J. 1st Group, K.H.B. Colony
Ootagali, Mysore-570 019.
17. Smt. T. Saraswathi
Wife of C. Prakash
Aged about 51 years
Residing at No.1917
Holekoyyuva Street, Mandimohall
Mysore 570 018.
18. Sri Nanjappa
Son of Gurusidda Shetty
Aged about 50 years
Residing at No.1774/4, 2nd Main Road
Thilaknagar, Mysore 570 016.
19. Smt Prema
Wife of B. Somashekar
Aged about 55 years
Residing at No.1980/1C, 1st Wesley Road
Mandimohalla, Mysore 570 018.
20. Sri Prakash
Son of Halegowda
Aged about 51 years
5
Residing at No.590, Paparam Road
Nazarabd, Mysore 570 019.
21. Sri Mohan B.N
Son of Baburao. D
Aged about 50 years
Residing at No. 818
5th Cross Road, Ittigegudu
Mysore 570 018.
22. Sri. T. Jayaram
Son of Thirumallaiah
Aged about 55 years
Residing at No.3, 3rd Main Road
Bannimantapa Extension, Mysore 570 018.
23. Sri Rajanna
Son of Ramaiah
Aged about 55 years
Residing at No.24, 3rd Cross
Nazarabad, Mysore 570 0196.
24. Sri. Veerabhadra N.P
Son of Late Puttaiah
Aged about 51 years
Residing at No.13, 3rd Cross, 6th Main
Nazarabad Mohalla,
Mysore 570 019.
25. Sri Mahadeva
Son of Siddamadegowda
Aged about 55 years
Residing at No 705, Paparam Road
Nazarabad, Mysore - 570 019.
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26. Smt Deviramma
Wife of Late Chikkaveeregowda
Aged about 50 years
Residing at No 705, 2nd Cross
Near Chamundi Hill Road
J C Nagar, Mysore - 570 021.
27. Smt Parvathi R
Wife of Late S Rajashekhar
Aged about 55 years
Residing at No 624, 1st cross
Paparam Road, Nazarabad
Mysore - 570 019.
28. Smt Mamatha S P
Wife of Puttegowda
Aged about 50 years
# 606, 2nd cross
Papram Road,
Nazarbad, Mysore - 570 019.
29. Smt Kaveri N
Wife of Puttaiah
Aged about 55 years
Residing at No 966, S S Nagar
Bannimantap B Layout
Mysore - 570 019.
30. Smt Sundaramma
Wife of Late Muttappa
Aged about 51 years
Residing at No 651, 3rd Cross
2nd Main, Nazarbad
Mysore - 570 019.
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31. Sri Vinod C
Son of Chandra R
Aged about 53 years
Residing at No 664
K C Layout, Chamundi Hills Road
Mysore - 570 018.
32. Sri B Nagaraj
Son of Boraiah
Aged about 55 years
Residing at No 25
Zoo Guard Road
Ittge Gudu, Mysore - 570 017.
33. Smt Geetha M
Wife of Late Srinivas
Aged about 55 years
Residing at No 2298, Basaveshwara Road
7th Cross, K R Mohalla
Mysor e- 570 018.
34. Sri Bhaskar K
Son of Kenchegowda
Aged about 53 years
Residing at No 669, 1st Main
Bank Colony S S Nagar
Bannimantapa B Layout
Mysore - 570 018.
35. Smt Kamakshi D
Wife of Krishnegowda
Aged about 55 years
Residing at No 724, 2nd Cross
8
Paparam Road
Nazarabad, Mysore - 570 019.
36. Sri Manjunath
Son of Krishnegowda
Aged about 52 years
Residing at No 564, Paparam Road
2nd Cross, Nazarabad
Mysore - 570 018.
37. Sri Krishnappa
Son of late Devegowda
Aged about 55 years
Residing at No 725, K C Layout
Chamundi Hills Road
Mysore - 570 019.
38. Sri Ninganna
Son of Boralingegowda
Aged about 51 years
Residing at No 560
Nazarabad 3rd Cross
Mysore - 570 019.
39. Smt Manjula
Wife of Nagaraj
Aged about 55 years
Residing at No 715, K C Layout
Chamundi Hills Road
Mysore - 570 019.
40. Smt Nethravathi
Wife of Boralingegowda
Aged about 51 years
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Residing at No 544
K C Layout
Chamundi Hills Road
Mysore - 570 018.
41. Smt Poornima D S
Wife of Jayaramegowda
Aged about 53 years
Residing at No 411,
K C Layout
Chamundi Hills Road
Mysore - 570 019.
42. Sri Shekhar S B
Son of Boralingegowda
Aged about 55 years
Residing at No 214, K C Layout
Chamundi Hills Road
Mysore - 570 019.
43. Smt Uma Maheshwari
Wife of Harish Kumar
Aged about 51 years
Residing at No 718, 6th cross,
Paparam Road
Mysore - 570 018.
44. Smt Jayalakshmamma
Wife of Late Somegowda
Aged about 53 years
Residing at No 816, 5th Cross
Vidyaranyapuram
Mysore - 570 019.
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45. Sri Krishnaswamy K S
Son of Late Srinivas Iyengar
Aged about 51 years
Residing at No 13, 2nd Cross,
Band Bangalo Road
Mysore - 570 019.
46. Smt Jamuna
Wife of Sathish
Aged about 53 years
Residing at no 611 2nd Cross
Paparam Road, Nazarabad
Mysore - 570 019.
47. Sri Jayaramegowda S B
Son of Boralingegowda
Aged about 55 years
Residing at No 15
3rd Cross, Nazarabad
Mysore - 570 019.
48. Sri Ashok Kumar C
Son of Chinnaswamy
Aged about 49 years
Residing at 14,
5th Cross, Mysore - 570 019.
49. Sri Sathish
Son of Krishnegowda
Aged about 53 years
Residing at 13
Ittigegudu Mysore - 570 019.
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50. Smt Sree Sudha
Wife of Lohith Manjunath
Aged about 54 years
Residing at No 25
Krishnamurthypuram
Mysore - 570 018.
51. Sri Karthik C M
Son of Muthaiah
Aged about 49 years
Residing at 14
Muthaiah Layout
Periyapattana, Mysore District - 570 203.
52. Smt Veena
Wife of Yogish R
Aged about 49 years
Residing at No 1000
Neharu Street
Periyapattana
Mysore District - 570 203.
53. Sri Swamy
Son of Nanjappa
Aged about 55 years
Residing at Kebballi Nidasale Dhakale
Kunigal Taluk
Tumakuru District - 572 301.
54. Sri Bharath Raju
Son of Ramegowda
Aged about 48 years
Residing at 1000
Neharu Street
Periyapattana, Mysore District - 570 203.
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55. Sri Rajesh M
Son of Muthaiah
Aged about 49 years
Residing at 14
Nazarabad Mohalla Mysore - 570 019.
56. Sri Paramashiva
Son of Thibbaiah
Aged about 55 years
Residing at 14
5th Cross, Gudnlupete
Mysore - 570 324.
57. Smt Gowramma
Wife of Chandrappa
Aged about 49 years
Resiidng at Kittur,
1st Main
Mysore - 570 019.
58. Smt Savitha
Wife of Somaraju
Aged about 49 years
Residing at Yemanduru
Malavalli Taluk
Mandya District - 570 123.
59. Smt Devika M K
Wife of Munivenkataramaraju
Aged about 52 years
Residing at 804, Chamundeshwari Temple Road
Subhashnagar
Mysore - 570 019.
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60. Smt Pankaja
Wife of Purushotham
Aged about 49 years
Residing at No 14, 1st Cross,
Nanjanagudu
Mysore District - 570 119.
61. Sri Boregowda
Son of Thimmegowda
Aged about 55 years
Residing at 14, 5th Cross
Lashkar Mohalla Mysore - 570 019.
62. Sri Manjunath
Son of Siddaiah
Aged about 57 years
Residing at No 123
5th Cross Nanjanagudu
mysore district - 570119
63. Sri Ravikumar R
Son of Ramanna
Aged about 49 years
Residing at No 14
5th Cross, Nanjanagudu
Mysore District - 570 119.
64. Smt Shwetha
Wife of Guruswamy
Aged about 53 years
Residing at No 14
5th Cross, Mettur
Mysore - 570 019.
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65. Sri Ramesh K
Son of Kempanna
Aged about 49 years
Residing at 15, 4th Main
Nanjanagudu
Mysore District 570 119.
66. Smt Rashmi
Wife of Srinivas
Aged about 53 years
Residing at 14, 5th Cross
Hunasuru
Mysore District 570 111.
67. Sri V Prakash
Son of Vasantha
Aged about 49 years
Residing at No.1907, M S Whesli Road
3rd Cross, Mandimohalla
Mysore 570 019.
68. Smt Renuka Devi
Wife of Siddappa
Aged about 51 years
Residing at No.154, Ground Floor
1st Cross, 1st Stage, 3rd Cross
Niveditha Nagar
Mysore 570 019.
69. Sri Mansoor Khan
Son Riyaz Khan
Aged about 49 years
Residing at 14, 5th Cross
Nazarabad Mohalla
15
Mysore 570 019.
70. Sri Venkatesh Prabhu
Son of Late Prabhu
Aged about 55 years
Residing at 14, 5th Cross
Chamundi Hills Road
Msyore 570 019.
71. Sri M Ramu
Son of Ranganath
Aged about 53 years
Residing at 14, 5th Cross
Ittigegudu
Mysore 570 019.
72. Smt M Rajalakshmi
Wife of Prakash
Aged about 49 years
Residing at 14, 5th Cross
Vijayanagar
Bengaluru 560 056.
73. Smt M Saraswathi
Wife of S Somashekhar
Aged about 55 years
Residing at 14, 5th Cross
Vinayaka Layout
Mysore 570 019.
74. Smt M Gayathri
Wife of late Prabhakar
Aged about 49 years
Residing at 14, 5th Cross
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Bhadravathi
Shimoga District 571 113.
75. Smt Shantha C
Wife of Rajesh M
Residing at 14, 1st Stage 3rd Cross
Niveditha Nagar
Mysore 570 019.
... Petitioners
(By Sri Fayaz Sab.B.G, Advocate)
And:
1. The State of Karnataka
Represented by its Secretary
Department of Municipal and Urban Development
4th Floor, Vikas Soudha
Bangalroe 560 001.
2. The Managing Director
Rajiv Gandhi Rural Housing Corporation
N.I.T.Park 1st Floor
4th Main Road, Rajajinagar Industrial Area
Rajajinagar
Bangalore 560 020.
3. The Director
Department of Municipal Administration
V.V.Tower
Bangalore 560 001.
4. Karnataka Housing Board
Represented by its Commissioner
3rd and 4th Floor
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Cauvery Bhavan
K G Road
Bangalore 560 009.
5. The Commissioner
Mysore City Corporation
Mysore 570 010.
6. The Deputy Commissioner
Mysore District
Mysore 570 001.
7. The Planning Director
District Urban Development Cell
Office of the Deputy Commissioner
Mysore District
Mysore 570 001.
... Respondents
(By Sri K.P.Yoganna, HCGP for Respondent Nos.1, 3, 5, 6, 7,
Smt Sumana Baliga, Advocate for Respondent No.2,
Sri H.M. Manjunatha Advocate for Respondent No.4)
These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India praying to direct the
Respondents-2 and 4 to allot the Residential Houses in favour
of these Petitioners pursuant to the applications submitted by
them for allotment of Residential Ashraya Houses Developed
at Sharada Devi Nagar, Ramabai Nagar, Kalyanagiri Nagar,
Hebbal, Lakshmishantha Nagar, Dattagalli, Namajubore,
Neharu Nagar, Shakthi Nagar and in other layouts in and
around Mysore City.
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These Petitions coming on for Preliminary Hearing this
day, the court made the following:
ORDER
Though these matters are listed for preliminary hearing, by consent of learned counsel appearing for parties, it is taken up for final disposal since the prayer sought for by the petitioners is to direct respondent Nos.2 and 4 to allot residential houses in favour of the petitioners pursuant to the applications submitted by them under 'Ashraya Houses Scheme' in the layout developed at Sharada Devi Nagar, Ramabai Nagar, Kalyanagiri Nagar, Hebbal, Lakshmishantha Nagar, Dattagalli, Namajubore, Neharu Nagar, Shakthi Nagar and in other layouts and in and around Mysuru city by considering the direction issued by 1st respondent to 6th respondent on 25.12.2016.
2. Petitioners claim that they come from socially and economically weaker section of the society and living below poverty line and are facing financial difficulties even to meet 19 their day-to-day requirements. It is also the contention of petitioners that their wish to have their own shelter is not fulfilled and even after striving hard to achieve said goal for the past twenty years they have not been able to do so. They have also contended that State having formulated a Housing Scheme for allotment of residential buildings to the poor and economically weaker section of the society to have their own shelter, have formulated one such scheme called as "Rajiv Gandhi Ashraya Scheme/Yojane" by an order dated 26.10.2016 and pursuant to same, State has developed and constructed several residential houses at Sharada Devi Nagar, Ramabai Nagar, Kalyanagiri Nagar, Hebbal, Lakshmishantha Nagar, Dattagalli, Namajubore, Neharu Nagar, Shakthi Nagar and in other layouts and in and around Mysuru city. Pursuant to said scheme, petitioners claim to have submitted application forms and also remitted necessary charges to Respondent Nos.2 and 4 in the year 2000 vide Annexures - A.1 to A.14.
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3. It is also contended that respondents have themselves prepared a detailed chart indicating the names, applications number and date of submission of applications for allotment of houses under 'Ashraya Yojane/Scheme as per Annexure-B, in which the names of the petitioners are said to be found and yet respondent/authorities in spite of submitting representations have failed to allot houses in their favour and as such, they are seeking for a direction being issued to 2nd and 5th respondent to allot houses to them.
4. I have heard the arguments of Sri Fayaz Sab B.G., learned counsel appearing for the petitioners, Smt.Sumana Baliga learned counsel appearing for respondent No.2, Sri K.P.Yoganna, learned HCGP appearing for respondent Nos.1, 3, 5, 6 and 7 and Sri H.M. Manjunatha, learned counsel appearing for respondent No.4 and perused the case papers.
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5. Perusal of the records would disclose that second respondent/Board, which has been constituted in the year 2000, has taken certain steps to address grievances of the petitioners and similarly placed persons. A communication dated 8.12.2016 (Annexure-F) has emerged from the office of the second respondent addressed to the sixth respondent calling for report upon which the second respondent would be able to take a decision to issue allotments and on account of the said report having not been received, Smt. Sumana Baliga, learned counsel appearing for the second respondent would be justified in contending that until and unless such report is received from 6th respondent certifying applicants' entitlement for being allotted houses, second respondent would not be able to take decision to allot or generate the order of allotment/work order in favour of the petitioners or similarly placed persons.
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6. Sri H.M.Manjunatha, learned counsel for the fourth respondent submits that only step which is required to be undertaken by the fourth respondent is to put up construction and hand over the buildings to the second respondent and as such, 4th respondent would have no role either in adjudication of claim for allotment or the allotment itself. He would also submit that fourth respondent not being the authority to either recommend for allotment or generate work orders in favour of the applicants, no writ would lie against 4th respondent.
7. Taking into consideration the fact that State also being aware of the demands made by the petitioners and similarly placed persons having received the attention of the Government at certain levels which ultimately resulted in communication dated 8.12.2016 Annexure-F being issued by the second respondent to the sixth respondent viz., direction being issued to take appropriate steps for allotment of vacant 23 residential houses to the petitioners and similarly placed persons by coordinating with other agencies like Municipal Corporation etc., by submitting report in that regard. In that view of the matter, a decision to forward the report to the second respondent will have to be necessarily taken by the sixth respondent. In fact, Principal Secretary, Urban Development Department by Communication dated 21.12.2016 Annexure-G has also intimated the jurisdictional Deputy Commissioner i.e.. sixth respondent herein to forward a comprehensive report to the second respondent so as to enable the second respondent to take steps to issue orders to allot vacant houses for being allotted to eligible persons. As such, it would suffice, if a direction is issued to the sixth respondent to comply with the direction issued under the Communication dated 8.12.2016 Annexure-F by the second respondent, as also the direction issued by the Principal Secretary, Urban Development Department, Vikas Soudha 24 Benglauru dated 21.12.2016 Annexure-G, expeditiously at any rate within a time frame, if not already done.
8. Hence, the following ORDER
1) Writ petitions are hereby allowed.
2) Sixth respondent shall send a comprehensive report as sought for by the second respondent in its Communication dated 8.12.2016 Annexure-F if not already forwarded and as directed by the Principal Secretary, Urban Development Department by its Communication dated 21.12.2016 Annexure-G expeditiously at any rate within 2 months (60 days) from the date of receipt of certified copy of this order.
3) On such recommendation/report being
received, the second respondent shall take
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immediate steps to issue work orders in favor of eligible applicants within two months from the date of receipt of the said report/recommendation who have been recommended as per the report furnished by sixth respondent.
Ordered accordingly.
SD/-
JUDGE SA