Karnataka High Court
Shakuntala vs State Of Karnataka on 8 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:14603
WP No. 7006 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 7006 OF 2024 (KLR-RES)
BETWEEN:
1. SHAKUNTALA
W/O KUMAR,
AGED ABOUT 34 YEARS.
OCC: HOUSE MAID,
R/O NO.167, 8TH CROSS ROAD,
PAPANNA BLOCK, R.B. COLONY,
GANGANAGARA, R.T. NAGAR POST,
BENGALURU - 560 032.
2. MANGALA
W/O SHAMACHARI,
AGED ABOUT 41 YEARS,
OCC: HOUSE MAID,
R/O NO.25, 2ND CROSS,
Digitally signed NEAR CHIKKAMMA DODDAMMA TEMPLE,
by JUANITA PEENYA II STAGE,
THEJESWINI
PEENYA SMALL INDUSTRIES,
Location: HIGH
COURT OF BENGALURU - 560 058.
KARNATAKA
3. V.T. RIMNA TULSI
W/O KUMAR,
AGED ABOUT 28 YEARS,
OCC: HOUSE MAID,
NO.30, RAMAKRISHNAPPA BLOCK,
A.K. COLONY, PEMMEGOWDA ROAD,
NEAR YELUMUNDAMMA TEMPLE, J.C.NAGARA,
BENGALURU - 560 006.
4. RAMYA
W/O DEVAKUMAR,
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AGED ABOUT 26 YEARS,
OCC: HOUSE MAID,
R/O NO.56/1, NANDIKRUPA,
GROUND FLOOR, 2ND MAIN ROAD,
DINNUR, R.T. NAGAR,
BENGALURU - 560 032.
5. SUMA M. C.,
W/O LAKSHMANA B. S.,
AGED ABOUT 35 YEARS,
OCC: HOUSE MAID,
R/O NO.95/1, 21ST MAIN,
MARENAHALLI NEAR KALABHAVANA,
J.P. NAGARA II PHASE,
BENGALURU - 560 078.
6. KAVITHA T.,
W/O R. BHAGYARAJ,
AGED ABOUT 33 YEARS,
OCC: HOUSE MAID,
R/O NO.333, 18TH B MAIN ROAD,
GRAPHEN GARDEN,
JAYANAGARA 9TH BLOCK,
BENGALURU - 560 041.
7. LALITHA
W/O RAMESH,
AGED ABOUT 38 YEARS,
OCC: HOUSE MAID,
R/O NO.1864, 18TH B MAIN,
4TH T BLOCK, CROSS, JAYANAGARA,
BENGALURU - 560 041.
8. PUJA KAMALESH PANDE
W/O BEERENDRA DUBE,
AGED ABOUT 30 YEARS,
OCC: HOUSE MAID,
R/O NO.107/3/4, 21ST MAIN ROAD,
NEAR RENUKA PRASANNA THEATER,
MARENAHALLI, J.P. NAGARA,
BENGALURU - 560 078.
9. SHOBA
W/O LATE. DEVARAJ,
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WP No. 7006 of 2024
AGED ABOUT 35 YEARS,
OCC: HOUSE MAID,
NO.318, NEAR CHIKKA MASIDI ROAD,
AVALAHALLI,
BENGALURU - 560 062.
10. INDRANI
W/O SUBRAMANI,
AGED ABOUT 53 YEARS,
OCC: HOUSE MAID,
NO.155, 2ND CROSS,
CHAMUNDI NAGARA,
R.T. NAGAR POST,
BENGALURU - 560 032.
11. CHITRA LEKHA V.,
W/O LATE. LOKESH,
AGED ABOUT 34 YEARS,
OCC: COOLI,
R/O NO.20, 8TH CROSS,
PAPANNA BLOCK,
GANGANAGARA,
R.T. NAGAR POST,
BENGALURU - 560 032.
12. VIJAYALAKSHMI H. N.,
W/O SOMASHEKARAIAH L.,
AGED ABOUT 38 YEARS,
OCC: HOUSE MAID,
R/O NO.25, TULASI NILAYA,
GOVINDAPPA COLONY,
NAGASHETTAHALLI,
RMV 2ND STAGE,
BENGALURU - 560 094.
13. MERLIN
W/O CHARLS,
AGED ABOUT 45 YEARS,
OCC: HOUSE MAID,
R/O NO.5, 1ST MAIN ROAD,
NANDI GOKULA LAYOUT,
L.R. BUNDE,
BENGALURU - 560 046.
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WP No. 7006 of 2024
14. K. MANJULA BAI
W/O LATE. K.J. RAJU,
AGED ABOUT 51 YEARS,
OCC: HOUSE MAID,
R/O G-1, NO.01,
11TH CROSS, GROUND FLOOR,
ACHARA COLLEGE MAIN ROAD,
BHUVANESHWARI NAGARA,
R.T. NAGAR POST,
BENGALURU - 560 032.
15. ARPITA G. Y.,
D/O K.G. YOGAPPAN,
AGED ABOUT 28 YEARS,
OCC: HOUSE MAID,
R/O G-1, NO.01, 3RD FLOOR,
11TH CROSS, GROUND FLOOR,
ACHARA COLLEGE MAIN ROAD,
BHUVANESHWARI NAGARA,
R.T. NAGAR POST,
BENGALURU - 560 032.
16. R. VENKATESH
S/O S. RAMDU
AGED ABOUT 62 YEARS,
OCC: COOLI,
R/O NO.3, MUNESHWARA C BLOCK,
STEPDOWN MATTADAHALLI,
R.T. NAGAR POST,
BENGALURU - 560 032.
17. A. UMADEVI
W/O R. VENKATESH,
AGED ABOUT 46 YEARS,
OCC: HOUSE MAID,
R/O NO.3/1, MUNESHWARA C BLOCK,
STEPDOWN MATTADAHALLI,
R.T. NAGAR POST,
BENGALURU - 560 032.
18. V. PUNITH KUMAR
S/O R. VENKATESH
AGED ABOUT 21 YEARS,
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WP No. 7006 of 2024
R/O NO.3/2, MUNESHWARA C BLOCK,
STEPDOWN MATTADAHALLI,
R.T. NAGAR POST,
BENGALURU - 560 032.
19. INDU
W/O KIRAN KUMAR B. L.,
AGED ABOUT 35 YEARS,
OCC: GARMENT FACTORY EMPLOYEE,
R/O C/O LAKSHMI,
NO.31/2, 4TH D CROSS,
PEENYA II STAGE,
SEETHAMMA TEMPLE ROAD,
PEENYA SMALL INDUSTRIES,
BENGALURU - 560 058.
20. GEETHA BAI K.,
W/O MANJUNATH RAO JADU,
R/O 9TH A CROSS,
NEAR ANJANEYA TEMPLE,
ITTAMADU 3RD STAGE,
HOSAKEREHALLI,
BENGALURU SOUTH - 560 085.
21. BHARATHA DESHA
SC AND ST HAKKU RAKSHNA SANGHATANA (R)
R/P 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)
AND:
1. STATE OF KARNATAKA
R/P BY SECRETARY,
HOUSING DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
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WP No. 7006 of 2024
2. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU D.C. OFFICE,
BENGALURU - 560 001.
3. THE TAHSILDAR
BENGALURU SOUTH TALUK,
BENGALURU - 560 001.
4. ADDL DIRECTOR OF LAND RECORDS
BENGALURU SOUTH TALUK,
BENGALURU - 560 050.
...RESPONDENTS
(BY SRI. SESHU V., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-3
AND 4 TO CONDUCT THE DURASTHI OF THE LAND AS
DIRECTED BY THE R-2 IN ITS ORDER NO. LND(S) CR 321/17-
18 DATED:22.12.2017 WHICH IS PRODUCED AT ANNEXURE-A
TO THEN WRIT PETITION WITHIN STIPULATED TIME IN
RESPECT OF PETITIONER ARE CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
On going through the memorandum of the writ petition, it is clear that the petitioners are aspirants for allotment of sites under the Ashraya Scheme, which was -7- NC: 2024:KHC:14603 WP No. 7006 of 2024 proposed to be formed on 5 acres of land in Sy. No. 13, Challagatta Village, Kengeri Hobli, Bangalore South Taluk. Earlier, some of the aspirants had approached this Court in W.P.No.23010/2022 and connected matters. This Court, by order dated 14.12.2022 noticed the fact that the petitioners were seeking a direction to the Deputy Commissioner for the allotment of the sites under the Ashraya Scheme. However, the learned Additional Government Advocate submited that the Ashraya Schemes are now formed and handled by the Rajiv Gandhi Rural Housing Corporation Limited. This Court therefore directed the Deputy Commissioner to consider the grievance of the petitioners but it was also clarified that this Court has not passed any orders in respect of the claim made by the petitioners for allotment of sites.
2. Thereafter, there appear to be several communications made between the Deputy Commissioner and the Tahsildar. However, it is not clear as to why the layout had not been formed under the Ashraya Scheme. -8-
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3. Learned High Court Government Pleader was directed to secure instructions from the Deputy Commissioner, Bengaluru Urban District and the Tahsidlar, Benglauru South Taluk, as to why no action has been taken for the formation of layout and distribution of sites.
4. Accordingly, the learned High Court Government Pleader has furnished a copy of the revised Official Memorandum dated 09.10.2023 issued by the Deputy Commissioner, Bangalore Urban District. Learned HCGP submits that the Deputy Commissioner has recalled the previous orders and has reserved 5 acres of land in Sy.No.13 for various public purposes such as a Government Health Centre - 1 acre, Government School - 1 acre, Auditorium - 1 acre, and public playground - 2 acres in Sy.No.13 of Chellaghatta, Kengeri Hobli, Bangalore South Taluk, recalling the previous order of reserving 5 acres in Sy.No.13 for development of the layout under the Ashraya Scheme.
5. In that view of the matter, this Court is not in a position to issue directions to the Deputy Commissioner or -9- NC: 2024:KHC:14603 WP No. 7006 of 2024 the Rajiv Gandhi Rural Housing Corporation to form the sites and distribute the same under the Ashraya Scheme.
6. However, liberty is reserved to the petitioners to raise a challenge to the revised Official Memorandum dated 09.10.2023, if so advised.
The writ petition is accordingly disposed of.
Sd/-
JUDGE JT/-
CT:PH