Karnataka High Court
Lalita Bai W/O Swaminatha vs The Chief Secretary & Ors on 6 August, 2013
Author: Mohan M Shantanagoudar
Bench: Mohan .M. Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
TH
DATED THIS THE 6 DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION NO.85709/2012
C/W
WRIT PETITION NOS.85720/2012, 85778/2012,
85781/2012, 85722/2012, 85823/2012, 85824/2012,
85825/2012, 85826/2012, 85827/2012, 85840/2012,
85841/2013, 85772/2012, 85777/2012, 85842/2012,
85843/2012, 85844/2012, 85845/2012, 85846/2012,
85900/2012, 85721/2012, 86637/2012, 86636/2012
(GM-SLUM)
IN W.P.NO.85709/2012:
BETWEEN:
Krishna S/o Tuljaram Watkar,
Age: 32 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
2
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
3
IN W.P.No.85720/2012
BETWEEN:
Chandamma
W/o Mahadevappa
Age: 57 years, Occ: Labour
R/o Madanpura Slum Area
Shastri Nagar
Near Station Bazar
Tq. & Dist. Yadgir
... Petitioner
(By Sri Jambayya Swami Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore - 560 001
2. The Deputy Commissioner
Yadgir District
Yadgir - 585 201
3. The Tahasildar
Yadgir Taluka
Tq. & Dist. Yadgir - 585 201
4. The Chief Officer
Town Municipality
Tq. & Dist. Yadgir - 585 201
5. The Managing Director
4
Karnataka State Slum Board
Bangalore - 560 001
6. The District Officer
District Slum Board
Dist. Yadgir - 585 201
... Respondents
(Sri Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri Veeresh B. Patil, Advocate for R4;
Sri R.J.Bhusare for Sri Gourish S. Kashampur,
Advocates for R5 & R6)
This writ petition filed under Articles 226 and 227
of the Constitution of India praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25x30 situated at
Madanpura slum area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.No.85778/2012
BETWEEN:
Asha Bee
W/o Muneer Ahmed
Age: 48 years, Occ: Labour
R/o Madanpura Slum Area
Shastri Nagar
Near Station Bazar
Tq. & Dist. Yadgir
... Petitioner
(By Sri Jambayya Swami Hiremath, Advocate)
5
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore - 560 001
2. The Deputy Commissioner
Yadgir District
Yadgir - 585 201
3. The Tahasildar
Yadgir Taluka
Tq. & Dist. Yadgir - 585 201
4. The Chief Officer
Town Municipality
Tq. & Dist. Yadgir - 585 201
5. The Managing Director
Karnataka State Slum Board
Bangalore - 560 001
6. The District Officer
District Slum Board
Dist. Yadgir - 585 201
... Respondents
(Sri Manvendra Reddy, Govt. Advocate for R1 - R3;
Sri Veeresh B. Patil, Advocate for R4;
Sri R.J.Bhusare for Sri Gourish S. Kashampur,
Advocates for R5 & R6)
This writ petition filed under Articles 226 and 227
of the Constitution of India praying to issue the writ of
6
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25x30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.No.85781/2012
BETWEEN:
Mohammadi Begum @
Shaik Munni
W/o Shaik Maheboob
Age: 33 years, Occ: Labour
R/o Madanpura Slum Area
Shastri Nagar
Near Station Bazar
Tq. & Dist. Yadgir
... Petitioner
(By Sri Jambayya Swami Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore - 560 001
2. The Deputy Commissioner
Yadgir District
Yadgir - 585 201
3. The Tahasildar
Yadgir Taluka
Tq. & Dist. Yadgir - 585 201
7
4. The Chief Officer
Town Municipality
Tq. & Dist. Yadgir - 585 201
5. The Managing Director
Karnataka State Slum Board
Bangalore - 560 001
6. The District Officer
District Slum Board
Dist. Yadgir - 585 201 ... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This writ petition filed under Articles 226 and 227
of the Constitution of India praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25x30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.No.85722/2012
BETWEEN:
Yallamma W/o Sidramappa
Age: 85 years, Occ: Retd. Labour
R/o Madanpura Slum Area
Shastri Nagar
Near Station Bazar
Tq. & Dist. Yadgir ... Petitioner
(By Sri Jambayya Swami Hiremath, Advocate)
8
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore - 560 001
2. The Deputy Commissioner
Yadgir District
Yadgir - 585 201
3. The Tahasildar
Yadgir Taluka
Tq. & Dist. Yadgir - 585 201
4. The Chief Officer
Town Municipality
Tq. & Dist. Yadgir - 585 201
5. The Managing Director
Karnataka State Slum Board
Bangalore - 560 001
6. The District Officer
District Slum Board
Dist. Yadgir - 585 201 ... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This writ petition filed under Articles 226 and 227
of the Constitution of India praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
9
the open space measuring 25x30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85823/2012:
BETWEEN:
Vijayalaxmi
W/o Nagareddy
Age: 35 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist: Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
10
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85824/2012:
BETWEEN:
Mahadevi W/o Ashappa
Age: 50 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
11
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
12
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85825/2012:
BETWEEN:
Abdul Gafoor S/o Abdul Khadar
Age: 46 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
13
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85826/2012:
BETWEEN:
Akbar S/o Abdul Saleem
Age: 37 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
14
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
15
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85827/2012:
BETWEEN:
Mariyamma W/o Siddanna
Age: 45 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
16
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85840/2012:
BETWEEN:
Ramachandra S/o Ramachandra,
Age: 61 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
17
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
18
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85841/2012:
BETWEEN:
Mahadeva S/o Krishnayya,
Age: 41 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
19
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85772/2012:
BETWEEN:
Sidramappa S/o Bheemraya,
Age: 65 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
20
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
21
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85777/2012:
BETWEEN:
Gouramma W/o Basawaraj,
Age: 39 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
22
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85842/2012:
BETWEEN:
Shankrayya Swamy
S/o Bannayya,
Age: 37 years, Occ: Labour/Driver,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
23
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
24
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85843/2012:
BETWEEN:
Basawaraj S/o Ganganna,
Age: 43 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
25
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85844/2012:
BETWEEN:
Devamma W/o Mallikarjun,
Age: 39 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
26
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
27
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85845/2012:
BETWEEN:
Buggamma W/o Bheemaraya,
Age: 56 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
28
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85846/2012:
BETWEEN:
Tayamma W/o Babu,
Age: 37 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
29
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
30
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85900/2012:
BETWEEN:
Vijayakumari W/o Tipparao,
Age: 26 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
31
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.85721/2012:
BETWEEN:
Lalita Bai W/o Swaminatha,
Age: 50 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
32
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
33
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.86637/2012:
BETWEEN:
Eshamma W/o Janardhana,
Age: 25 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
34
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
IN W.P.NO.86636/2012:
BETWEEN:
Anand S/o Bheemanna,
Age: 34 years, Occ: Labour,
R/o Madanpura Slum Area,
Shastri Nagar, Near Station Bazar,
Tq. & Dist. Yadgir.
...Petitioner
(By Sri Jambayya Swamy Hiremath, Advocate)
35
AND:
1. The Chief Secretary
Govt. of Karnataka
Bangalore-560 001.
2. The Deputy Commissioner,
Yadgir District,
Yadgir-585201.
3. The Tahasildar
Yadgir Taluka,
Tq. & Dist: Yadgir-585201.
4. The Chief Officer
Town Municipality
Tq. & Dist: Yadgir-585201.
5. The Managing Director,
Karnataka State Slum Board,
Bangalore-560001.
6. The District Officer,
District Slum Board,
Dist: Yadgir-585201.
... Respondents
(Sri.Manvendra Reddy, Govt. Advocate for R1 to R3;
Sri.Veeresh B. Patil, Advocate for R4;
Sri.R.J.Bhusare, for Sri.Gourish S.Kashampur,
Advocates for R5 and R6)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue the writ of
36
mandamus in nature directing the respondents to issue
allotment letter in the name of petitioner in respect of
the open space measuring 25 x 30 situated at
Madanpura Slum Area of Shastri Nagar, near Station
Bazar Yadgir and etc.
These Writ Petitions coming on for preliminary
hearing in 'B' Group this day, the Court made the
following:
ORDER
Petitioners have sought for direction to issue allotment letter in the names of each of the petitioners in respect of open space measuring 25 feet x 30 feet situated at Madanpura Slum Area of Shastri Nagar, near Station Bazaar, Yadgir. They have also sought for direction to the fourth respondent to implement resolution dated 29.04.1985 passed by the respondents vide Annexure-'J'. Further they have sought for direction issued to the fifth respondent to declare the locality of the petitioners as slum area by way of issuing 37 appropriate Government notification to safeguard the interest of the petitioners.
2. According to the petitioners they are all residing since more than 30 years by constructing the huts, houses having zinc sheet roofing in the slum area which is called as Madanpura Slum Area of Shastri Nagar. According to them each of the huts of the petitioners are assigned with separate numbers by Municipality and their names are included in the voters' list. Their names are found in the election identity card, ration card etc. The facilities like drinking water, electricity supply etc. have been provided by the local authorities to the sheds of the petitioners. The sum and substance of the case of the petitioners is that they are living in the said area since their childhood and all facilities are available to them. They have made representations before the respondents to either allot the very sites over 38 which they have put up the huts or to allot any other sites in their favour at Yadgir town. Since such representations are not considered, these writ petitions are filed.
The writ petitions are opposed by the Advocates appearing on behalf of the respondents contending that the area in question is not declared as a slum area as required under Section 3(1) of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (hereinafter referred to as the 'Slum Act' for brevity); certain of the persons who are similarly placed were occupying the private property in the adjoining area and the owner of such private property has already obtained decree from the Civil Court and the occupants of such private property are being evicted as per law. Sri. Manvendra Reddy, learned Government Advocate and Sri. Veeresh B. Patil, learned Advocate appearing on 39 behalf of the Municipality submit that the area in question appears to be the private property in respect of which the decree is already passed by the Civil Court. In the alternative they submit that they are taking steps to evict the petitioners in accordance with law. The Town Municipal Council, Yadgir has passed the resolution on 29.04.1985 as per Annexure-'J' to allot the sites in favour of the petitioners and others who are residing in the area in question; the very resolution also reveals that the Yadgir Municipality wanted to clear the area by evicting the occupants with an intention to form a garden, but the petitioners and others protested for the same. At that point of time the resolution as per Annexure-'J' came to be passed by the Municipality for allotting the sites in favour of the unauthorized occupants. The petitioners have also made application to the Deputy Commissioner as per Annexure-'K' on 01.09.2012 requesting the Deputy Commissioner to 40 allot alternative sites or to allot the very sites which are being occupied by the petitioners. The Deputy Commissioner has made an endorsement on the said application for getting the report from the concerned and till such report is obtained, he has directed not to remove the unauthorized occupants from the place in question.
3. Be that as it may, there is nothing on record to show that the area in question is declared as a slum area as per Section 3 (1) of the Slum Act. In view of the same, the provisions of Slum Act may not be applicable to the facts of this case. Even if the area is declared as a slum area, the proceedings will go on as per the procedure prescribed under the Slum Act. If the area in question is not declared as a slum area, then it is open for the respondents to evict the petitioners, if they so chose, in accordance with law and till such eviction as 41 per law, the petitioners would continue in possession of the property. It is also open for the respondents to consider the request of the petitioners for allotting alternative sites in their favour.
4. Accordingly, the petitions stand disposed of with the following observations:
(a) The possession of the petitioners shall not be disturbed except in due process of law.
(b) If the property in question is a subject matter of the Civil Court decree, it is open for the decree holder to execute the decree in accordance with law.
(c) It is open for the petitioners to make fresh applications for allotment of sites in accordance with law under the provisions of appropriate Act. If such applications are filed, the same shall be considered in 42 accordance with law by the prescribed authorities.
Sd/-
JUDGE swk