Karnataka High Court
Jayamma vs State Of Karnataka on 14 December, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 23010 OF 2022 (GM-RES)
C/W
WRIT PETITION NO. 20647 OF 2022 (GM-RES)
IN WP NO.23010/2022
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,
NEAR CHIKKAMMA DODDAMMA TEMPLE,
Digitally signed
PEENYA II STAGE,
by PADMAVATHI PEENYA SMALL INDUSTRIES,
BK
Location: HIGH BENGALURU - 560 058.
COURT OF
KARNATAKA
3. V.T.RIMNA TULSI,
W/O KUMAR,
AGED ABOUT 28 YEARS,
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
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,
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.NAGAR, II PHASE,
BENGALURU - 560 078.
6. KAVITHA T.,
W/O THANGARAJ,
AGED ABOUT 33 YEARS,
OCC: HOUSE MAID,
R/O NO.333, 18th B MAIN ROAD,
GRAPHEN GARDEN,
JAYANAGARA 9th BLOCK,
BENGALURU - 560 041.
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
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.104/3/4, 21st MAIN ROAD,
NEAR RENUKA PRASANNA THEATER,
MARENAHALLI, J.P.NAGARA,
BENGALURU - 560 078.
9. SHOBA,
W/O LATE DEVARAJ,
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,
W/O LATE LOKESH,
AGED ABOUT 34 YEARS,
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
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,
LR BUNDE,
BENGALURU - 560 046.
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. NAGARA POST,
BENGALURU - 560 032.
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
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.NAGARA 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,
OCC: HOUSE MAID,
R/O NO.3/2,
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
MUNESHWARA C BLOCK,
STEPDOWN MATTADAHALLI,
R T NAGAR POST,
BENGALURU 560 032.
19. INDU,
W/O SHANKAR 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. BHARATHA DESHA,
SC AND ST HAKKU RAKSHNA SANGATANA ®,
REPRESENTED 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,
REPRESENTED BY SECRETARY,
HOUSING DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
2. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT,
BENGALURU D.C. OFFICE,
BENGALURU - 560 001.
3. CHIEF EXECUTIVE OFFICER,
BENGALURU SOUTH TALUK PANCHAYATH,
OFFICE AT NEAR BANSHANKARI TEMPLE,
BANASHANKARI,
BENGALURU - 560 050.
4. PANCHAYATH DEVELOPMENT OFFICER,
RAMOHALLI GRAM PANCHAYATH,
BENGALURU - 560 060.
5. RAJIV GANDHI GRAMINA VASATHI NIGAMA,
REPRESENTED BY MANAGING DIRECTOR,
KAVERIBHAVANA, 9TH FLOOR,
E & F BLOCK, KEMPEGOWDA ROAD,
BANGALORE - 560 009.
...RESPONDENTS
(BY SRI.B.V.KRISHNA, AGA FOR R1 AND R2;
R3 AND R4 ARE SERVED;
SMT.SHILPA RANI, ADVOCATE FOR R5)
THIS WP 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 19 DATED 23.05.2022, 07.11.2022 AND 15.11.2022,
WHICH ARE PRODUCED AT ANENXRUE-C, C1 TO C18 TO THE
WRIT PETITION WITHIN STIPULATED TIME.
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
IN WP NO.20647/2022
BETWEEN:
1. JAYAMMA,
W/O DAS P,
AGED ABOUT 48 YEARS,
OCC: COOLI,
R/O NO.26/2, 5TH CROSS,
FRIENDS COLONY,
NEAR NANDINI BAKERY,
HEGNAHALLI PEENYA II STAGE,
VISHWANIDUM,
BENGALURU - 560 091.
2. M. MANGALA ROOPA,
W/O N. MANJUNATH,
AGED ABOUT 28 YEARS,
OCC: HOUSE MAID,
R/O NO.40, 5TH MAIN,
4TH CROSS, C.P.BLOCK,
GANGANAGARA,
R.T.NAGAR POST,
BENGALURU - 560 032.
3. RATHNA,
W/O ALPHONS,
AGED ABOUT 38 YEARS,
OCC: HOUSE MAID,
NO.55, 2ND CROSS,
RAMAKRISHNAPPA BLOCK,
J.C.NAGARA,
BENGALURU - 560 006.
4. SHILPA Y.,
W/O MOHAN S,
AGED ABOUT 32 YEARS,
OCC: COOLI,
R/O NO.24, 3RD CROSS,
3RD STAGE, HEGGANAHALLI CROSS,
SANJIVNI NAGARA,
VISHWANIDUM,
BENGALURU - 560 091.
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
5. SUMA,
W/O YALLAPPA,
AGED ABOUT 40 YEARS,
OCC: COOLI,
R/O NO-E197,
NEAR GANAPATHI TEMPLE,
SANJIVNI NAGARA,
BENGALURU - 560 091.
6. VILATE MERRY,
W/O ANTHONI KUMAR,
AGED ABOUT 32 YEARS,
OCC: COOLI,
R/O NO.26/2, 5TH CROSS,
NEAR NANDINI BAKERY,
FRIENDS COLONY, HEGGANAHALLI,
VISHWANIDUM,
BENGALURU - 560 091.
7. PALLAVI S,
W/O HEMANTH KUMAR D,
AGED ABOUT 27 YEARS,
OCC: COOLI,
R/O NO.67, 2ND MAIN,
7TH CROSS, NEAR APOLLO HIGH SCHOOL,
GAJANANA NAGARA,
HEGGANAHALLI CROSS,
VISHWANIDUM,
BENGALURU - 560 091.
8. ANJUM,
W/O SHAHBAZ,
AGED ABOUT 37 YEARS,
OCC: COOLI,
R/O NO.4, 1ST CROSS,
7TH MAIN, HEGGANAHALLI MAIN ROAD,
PEENYA II STAGE,
BENGALURU - 560 091.
9. SIRAJ B,
W/O SHABBIR,
AGED ABOUT 26 YEARS,
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
OCC: COOLI,
NO.26/3, 5TH CROSS,
ANDRAHALLI MAIN ROAD,
NEAR NANDINI BAKERY,
FRIENDS COLONY,
BENGALURU - 560 091.
10. BHARATHA DESHA,
SC AND ST HAKKU RAKSHNA SANGATANA ®,
REPRESENTED 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.
REGISTERED KARNATAKA SOCIETY REGISTER ACT
1960.
...PETITIONERS
(BY SRI. SYED AKBAR PASHA., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
HOUSING DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560 001.
2. MANAGING DIRECTOR,
RAJIV GANDHI HOUSING CORPORATION LTD.,
KAVERI BHAVAN,
BENGALURU - 560 009.
3. THE DEPUTY COMMISSIONER,
BENGALURU RURAL DISTRICT,
DEVANAHALLI,
BENGALURU - 560 001.
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WP No. 23010 of 2022
C/W WP No. 20647 of 2022
4. PROJECT DIRECTOR,
DISTRICT URBAN DEVELOPMENT CELL,
BENGALURU RURAL DISTRICT,
BENGALURU RURAL D.C. OFFICE,
BENGALURU RURAL - 562 110.
5. MUNICIPAL COMMISSIONER,
NELAMANGALA MUNICIPAL COUNCIL,
BENGALURU RURAL DISTRICT - 562 123.
...RESPONDENTS
(BY SRI.B.V.KRISHNA, AGA FOR R1 AND R3;
SMT.SHILPA RANI, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT TO THE R4
AND 5 TO CONSIDER THE REPRESENTATIONS OF THE
PETITIONERS DATED 23.05.2022 WHICH ARE PRODUCED AT
ANNEXURE - C, C1 TO C8 AND C9 TO THE WRIT PETITION.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Syed Akbar Pasha, learned counsel appearing for the petitioners, Sri. B.V. Krishna, learned AGA appearing for respondents No.1 and 2, Smt. Shilpa, learned counsel appearing for the respondent no.5 and perused the materials on record.
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WP No. 23010 of 2022 C/W WP No. 20647 of 2022
2. Both these petitions seek a similar prayer, which is for a direction by issuance of a writ in the nature of mandamus to consider their representations. Prayers sought in both these petitions reads as follows:
"IN W.P.No.23010/2022
I. Issue writ of mandamus directing the respondent no 2 and 3 to consider the representations of the petitioner no 1 to 19 dated 23-05-2022, 07-11-2022 & 15-11-2022, which are produced at Annexure-C, C1 to C18 to the writ petition within stipulated time.
II. Please to issue any writ or directions which this Hon'ble Court deems fit under these circumstances in the interest of justice and equity.IN W.P.No.20647/2022
I. Issue writ of mandamus to the 4th and 5th respondents to consider the representations of the petitioners dated 23-05-2022, which are produced at Annexure-C, C1 to C8 & C9 to the writ petition.
II. Please to issue any writ or directions which this Hon'ble Court deems fit under these circumstances in the interest of justice and equity".
3. The representations submitted to the Deputy Commissioner is for allotment of a site under the Ashraya scheme.
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WP No. 23010 of 2022 C/W WP No. 20647 of 2022
4. The learned AGA would submit that the Ashraya scheme or a scheme akin to such scheme is now handled by respondent No.5 - Rajiv Gandhi Gramina Vasathi Nigama.
5. The learned counsel appearing for respondent No.5 would submit that if a proposal is sent by the Deputy Commissioner, in accordance with law, the claim of the petitioners would be examined in terms of the scheme and appropriate orders would be passed.
6. The learned counsel appearing for the petitioners submit that if a direction is issued for consideration of their representations by the respondents that would suffice for the present.
7. All these submissions are placed on record.
8. The Deputy Commissioner to consider the representation of the petitioners and take appropriate action, in accordance with law.
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WP No. 23010 of 2022 C/W WP No. 20647 of 2022 It is made clear that the right of the petitioners to get a site in terms of those representations is not considered at the hands of this Court.
The representation shall be considered and appropriate orders be passed by the respondents herein, within four months from the date of receipt of copy of this order.
Accordingly, the writ petitions are disposed.
Sd/-
JUDGE JY List No.: 1 Sl No.: 11