Karnataka High Court
Smt. Muniyamma vs The Commissioner on 16 June, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:20908
WP No. 10119 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 10119 OF 2023 (LB-RES)
BETWEEN:
1. SMT. MUNIYAMMA
W/O LATE VENKATASWAMAPPA,
AGED ABOUT 72 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
Digitally
signed by 2. SMT. RADHA
JUANITA W/O RAVICHANDRAN,
THEJESWINI
Location: AGED ABOUT 35 YEARS,
HIGH COURT R/AT HOSAHALLI,
OF
KARNATAKA UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
3. SRI MUTHURAJU
S/O RAJU,
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WP No. 10119 of 2023
AGED ABOUT 30 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
4. SMT. ROOPA
W/O DEVADAS,
AGED ABOUT 40 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
5. SMT. MAMATHA V
W/O LATE SHIVA,
AGED ABOUT 40 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
6. SMT. YASHODHAMMA
W/O LATE CHIKKANNA,
AGED ABOUT 75 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
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WP No. 10119 of 2023
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
7. SMT. MAHADEVAMMA
W/O NAGAMALLU,
AGED ABOUT 40 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 66TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
8. SMT. MANJULA
W/O RAMESH,
AGED ABOUT 45 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 66TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
9. SRI HARISH BABU
S/O VENKATASWAMAIAH,
AGED ABOUT 38 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
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NC: 2023:KHC:20908
WP No. 10119 of 2023
10. SRI. SHIVA
S/O LATE NAGARAJ,
AGED ABOUT 35 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
11. SRI REVANNA
S/O LATE CHANNABOVI,
AGED ABOUT 50 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
12. DIVYA SHREE V
D/O MOHAN KUMAR,
AGED ABOUT 30 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
13. SHWETHA P
D/O PUTTASWAMY,
AGED ABOUT 36 YEARS,
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NC: 2023:KHC:20908
WP No. 10119 of 2023
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
14. SMT. PADMA S C
W/O SRINIVAS,
AGED ABOUT 45 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
15. SMT. VIJAYALAKSHMI
W/O VENKATESH,
AGED ABOUT 55 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
16. SMT. SHOBHA
W/O LATE SRIRAM,
AGED ABOUT 50 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
-6-
NC: 2023:KHC:20908
WP No. 10119 of 2023
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
17. SMT. PALLAVI
W/O UMESH,
AGED ABOUT 39 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
18. SMT. SRILAKSHMI
W/O HARISH,
AGED ABOUT 35 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
19. SMT. PADMA
W/O GOPAL,
AGED ABOUT 42 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
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WP No. 10119 of 2023
20. SRI SUNIL
S/O SURESHAIAH,
AGED ABOUT 40 YEARS,
R/AT HOSAHALLI,
UTTARAHALLI HOBLI,
BANGALORE SOUTH,
BSK 6TH STAGE,
TALAGHATTAPURA POST,
KANAKAPURA MAIN ROAD,
BANGALORE-560062
...PETITIONERS
(BY SRI. M.S. CHANDRASHEKAR BABU, ADVOCATE FOR
SMT. PREMA V., ADVOCATE)
AND:
1. THE COMMISSIONER
BRUHAT BANGALORE
MAHANAGARA PALIKE,
BANGALORE-560002
2. THE CHIEF SECRETARY
TO GOVERNMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001
3. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
KRISHI BHAVAN,
HUDSON CIRCLE,
BANGALORE-560002
4. THE ASSISTANT COMMISSIONER
BANGALORE RURAL DISTRICT,
KRISHI BHAVAN,
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NC: 2023:KHC:20908
WP No. 10119 of 2023
HUDSON CIRCLE,
BANGALORE-560002
5. THE TAHSILDAR
BANGALORE SOUTH TALUK,
BANGALORE-560009
6. THE PRESIDENT
ASHRAYA TASK FORCE,
ASHRAYA TASK FORCE COMMITTEE,
VIDHANA SOUDHA,
BANGALORE-560001.
7. THE ASSISTANT EXECUTIVE ENGINEER
BWSSB,
BANGALORE-560009
...RESPONDENTS
(BY SRI. PAWAN KUMAR., ADVOCATE FOR R1
SMT. A.R. SHARADHAMBA, AGA FOR R2 TO R5
SRI. B.L. SANJEEV, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITTUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS NOT TO DISPOSES THE PETITIONERS
WITHOUT FOLLOWING THE DUE PROCEDURE OF LAW AND
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATIONS GIVEN BY THIS PETITIONERS SOCIETY
FOR ALLOTMENT OF SITES UNDER ASHRYA SCHEME AND ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:20908
WP No. 10119 of 2023
ORDER
R.DEVDAS J., (ORAL):
It is the contention of the petitioners that 2 acres of land out of 11 acres and 14 guntas of land in Sy.No.2 of Uttarahalli Manarvarthe Kaval Village, Uttarahalli Hobli, Bangalore South Taluk was earmarked for formation of Ashraya Layout, by an order passed by the Deputy Commissioner on 07.10.2022. Learned counsel for the petitioners has drawn the attention of this Court to column No.11 of the RTC at Annexure-A, for the year 2022-23.
2. Learned counsel submits that earlier too some of the persons had approached this Court in W.P.No.7736/2020 and this Court by order dated 26.07.2022 permitted the petitioners to give representations and directed the respondents to consider their representations for allotment of sites under the "Ashraya Yojane Scheme". This Court had directed that the State Government will look into the grievance of the
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NC: 2023:KHC:20908 WP No. 10119 of 2023 petitioners and pass necessary orders within a time frame. The prayer in this writ petition is to issue a writ of mandamus directing the respondents not to disposes the petitioners without following the due process of law. A prayer is also made to direct the respondents to consider the representations given by the petitioners for allotment of sites under the "Ashraya Scheme". Learned counsel would further submit that recently the 7th respondent Assistant Executive Engineer, BWSSB, has been making claims that a portion of the land in question i.e., 1 acre 7 guntas have been allotted for establishment of "Jaladhare Scheme".
3. When a question was posed to the learned counsel for the 7th respondent - BWSSB as to whether any such order was made in favour of the BWSSB, learned counsel submits that till now he has no such information. Nevertheless if it is true that part of the land has been allotted to the BWSSB or granted by the competent authority and the BWSSB has already taken possession of
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NC: 2023:KHC:20908 WP No. 10119 of 2023 such land, the BWSSB may be permitted to defend the allotment made to it.
4. Having heard the learned counsel for the petitioners, learned counsels for the respondents - BWSSB and BBMP and on perusing the petition papers, this Court is of the considered opinion that the petitioner should be permitted to make necessary representations/applications to the respondent - BBMP, since the 2 acres of land are said to be handed over to the BBMP for formation of the layout under the "Ashraya Yojane Scheme" and for distribution to eligible beneficiaries. This Court has also taken note of one such allotment letter which is annexed to the writ petition. If the BBMP has allotted the sites, the BBMP shall bring the same to the notice of the 7th respondent - BWSSB to ensure that no part of the layout which was earmarked for formation of "Ashraya Yojane Scheme" shall be allotted to the 7th respondent. On the other hand, if the BBMP is informed by the competent authority such as the Government or the BDA that a
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NC: 2023:KHC:20908 WP No. 10119 of 2023 portion of the land has been allotted to the BWSSB, then the matter has to be resolved by the State Government. If admittedly, 2 acres of land has been earmarked for formation of "Ashraya Yojane Scheme" as found in the RTC at Annexure-A, any portion of the said property could not have been allotted to any other entity. At the any rate, the grievances of the petitioners are required to be taken into consideration by the respondents - BBMP.
5. Accordingly, the writ petition is disposed of while directing the Zonal Commissioner, BBMP South Zone or the competent authority to consider the grievance of the petitioners and ensure that protection is given to all such allottees, who have been allotted sites under the "Ashraya Yojane Scheme". The competent authority shall also consider the grievance of the petitioners who contend that their applications are still pending and no orders have been passed for allotment of sites. If the petitioners are eligible for allotment of sites, the competent authority
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NC: 2023:KHC:20908 WP No. 10119 of 2023 shall reconsider their applications and pass necessary orders for allotment of sites.
Ordered accordingly.
Sd/-
JUDGE KLY/-