Karnataka State Dalita And Bovi vs Government Of Karnataka on 15 November, 2021

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Karnataka High Court

Karnataka State Dalita And Bovi vs Government Of Karnataka on 15 November, 2021

Bench: Krishna S.Dixit

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF NOVEMBER, 2021

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.5967 OF 2020 (GM-RES)

BETWEEN:
KARNATAKA STATE DALITA AND BOVI
JANANGA SOCIAL AND WELFARE ASSOCIATION
NO.2, CORPORATION QUARTERS,
GROUND FLOOR, 2ND CROSS,
PLAM GROVE ROAD,
NEAR VICTORIA ROAD,
BENGALURU-560047.

BY ITS PRESIDENT
SRI. V ASHOK,
S/O M VENUGOPAL
AGED ABOUT 56 YEARS
                                             ...PETITIONER
(BY SRI MANJUNATH K.S., ADVOCATE)

AND:

1.     GOVERNMENT OF KARNATAKA
       BY ITS PRINCIPAL SECRETARY,
       DEPT. OF REVENUE, M S BUILDING
       BENGALURU-560001.

2.     GOVERNMENT OF KARNATAKA
       BY ITS PRINCIPAL SECRETARY
       DEPT. OF RURAL DEVELOPMENT
       AND PANCHAYAT RAJ
       M S BUILDING
       BENGALURU-560001.

3.     DEPUTY COMMISSIONER
       BENGALURU URBAN DISTRICT,
       BENGALURU.

4.     CHIEF EXECUTIVE OFFICER
       ZILLA PANCHAYAT
       BENGALURU URBAN DISTRICT
                               2

     BENGALURU

5.   THE TAHASILDAR
     BENGALURU NORTH TALUK
     BENGALURU.
                                             ...RESPONDENTS
(BY SRI B V KRISHNA, AGA FOR R1, R3 & R5
 R4 SERVED AND UNREPRESENTED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
R-3 TO CONSIDER THE PROPOSAL FORWARDED BY THE R-5 TO
IMPLEMENT THE SCHEME FOR THE FORMATION OF HOUSE
CONSTRUCTION    AND   DISTRIBUTION   AMONG     THE  80
DISPLACED    DALIT   MEMBERS    OF   THIS   PETITIONER
ASSOCIATION UNDER THE ASHRAYA SCHEME IN SY NO.21,
MEASURING 4 ACRES OR EVEN MORE SITUATED AT
SHIVANAPURA VILLAGE, DASANAPURA HOBLI BENGALURU
NORTH TALUK VIDE ANNEXURE-F, G TO THE W.P. AND ETC.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:

                           ORDER

The prayers in the writ petition reads as under:

"(a) Issue writ in the nature of mandamus directing the respondent No.3 to consider the proposal forwarded by the respondent No.5 to implement the scheme for the formation of house construction and distribution among the 80 displaced dalit members of this petitioner's Association under the Ashraya Scheme in Sy.No.21, measuring 4 acres or even more situated at Shivanapura Village, Dasanapura Hobli, Bengaluru North Taluk vide Annexure-F, G to the writ petition.

(b) Issue appropriate writ or orders or directions as may be just and proper to the respondents for the speedy enforcement of the Ashraya Scheme which is meant for the needy persons like 80 displaced dalit members of this petitioner's Associations, to meet the ends of justice."

2. Learned AGA appearing for the respondents Nos.1, 2, 3 and 5 opposes the writ petition contending that the writ remedy of the kind cannot be sought for by the petitioner when disputed question of law & facts are involved; he also submits that those who are allegedly in unauthorized occupation of the subject property cannot be permitted to knock at the doors of the writ court and that writ remedy is only for the scrupulous people and not for the persons like the petitioner; so contending, he seeks dismissal of Writ Petition.

3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter in as much as the grievance of the petitioner is innocuous in the sense that it is only for "an order to pass an order" for implementing the Ashraya Scheme; such an innocuous relief cannot be turned down by the writ court since decision has to be taken by the respondents Nos.1 & 2 without brooking delay; such an exercise has to be made in consultation with the Karnataka Slum Clearance Board which is not a party here; no prejudice will be caused to the official respondents if a direction is issued to them to consider the grievance of petitioner. 4

In the above circumstances, this writ petition is disposed off directing the respondents Nos.1 & 2 to take a decision as to implementation of the Ashraya Scheme in terms of the representations at Annexure-M dated 15.05.2015 and Annexure-N dated 05.08.2015 in accordance with law. All contentions are kept open.

Time for compliance is six months from the date a copy of this order is handed to them.

No costs.

Sd/-

JUDGE KLY/-

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