Karnataka High Court
Smt H S Janaki vs State Of Karnataka on 31 March, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31st DAY OF MARCH 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
WRIT PETITION No.26479 OF 2016 (GM-RES) C/W
WRIT PETITION No.54750 OF 2016 (GM-RES)
IN W.P.No.26479/2016:
BETWEEN
1. SRI P N SHIVARAJU
S/O LATE SRI NAGARAJU
AGED ABOUT 48 YEARS
WORKING AS CLASS-IV EMPLOYEE
OFFICE OF THE G.M.ENGINEERING
DIVISION, MADIKERI.
RESIDING AT NO.18-44
R.H.S.RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
2. SRI.P.R.JAYAKUMAR
S/O SRI RAMAN
AGED ABOUT 49 YEARS
WORKING AS CLASS-IV EMPLOYEE
OFFICE OF THE ASSISTANT COMMISSIONER
FOR COMMERICIAL TAX
1ST CIRCLE, MADIKERI
RESIDING AT NO.18-35
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
2
3. SMT. JANAKI.C.M.
W/O SRI.C.M.MANJUNATHA
AGED ABOUT 52 YEARS
WORKING AS CLASS-IV EMPLOYEE
OFFICE OF THE HEALTH & FAMILY WELFARE
MADIKERI
RESIDING AT NO.18-36
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
4. SRI. K.S.LOPAIAH
S/O LATE SRI K.P.SOMAIAH
AGED ABOUT 58 YEARS,
WORKING AS 'D' GROUP EMPLOYEE
OFFICE OF THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYAT, MADIKERI
KODAGU DISTRICT.
RESIDING AT NO.18-37
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
5. SMT. H.S.JAYA
W/O SRI.GANAPATHI
AGED ABOUT 56 YEARS
COOK, OFFICE OF THE
TALUK SOCIAL WELFARE
RESIDING AT NO.18-45
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
6. SMT. C.J.PREMA
W/O MR. JOHNSON
AGED ABOUT 42 YEARS
WORKING AS CLASS-IV EMPLOYEE
3
OFFICE OF THE TALUK PANCHAYAT
MADIKERI
RESIDING AT NO.18-47
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
7. SRI. H.E.BASAPPA
S/O LATE SRI. H.ERAPPA
AGED ABOUT 49YEARS
WORKING AS 'D' GROUP EMPLOYEE
DISTRICT HEALTH LABORATORY
MADIKERI
RESIDING AT NO.18-46
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
8. SRI. K.A.RAMESHA
S/O SRI. K.T.APPACHU
AGED ABOUT 59 YEARS
WORKING AS CLASS-IV EMPLOYEE
OFFICE OF THE CHIEF ACCOUNTS OFFICER
KODAGU ZILLA PANCHAYAT, MADIKERI
RESIDING AT NO.18-42
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
9. SRI. K.E.GIDDAPPA
S/O SRI ERAPPA
AGED ABOUT 59 YEARS
WORKING AS 'D' GROUP EMPLOYEE
OFFICE OF THE ASSISTANT DIRECTOR
DEPARTMENT OF KANNADA & CULTURE
MADIKERI
RESIDING AT NO.18-50
4
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
... PETITIONERS
[BY SRI K.H.SOMASHEKARA, ADVOCATE (PH)]
AND
1. STATE OF KARNATAKA
DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT
REPRESENTED BY ITS SECRETARY
M.S.BUILDING
BENGALURU-560 001.
2. THE KARNATAKA HOUSING BOARD
BY ITS COMMISSIONER
CAUVERI BHAVAN
BENGALURU-560 001.
3. THE CHIEF SECRETARY
PUBLIC WORKS DEPARTMENT
GOVERNMENT OF KARNATAKA
VIKAS SOUDHA
BENGALURU-560 001.
4. THE UNDER SECRETARY-1
HOUSING DEPARTMENT
VIKAS SOUDHA
BENGLAURU-560 001.
5. THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD
MYSURU SUB-DIVISION
MYSURU-570 001.
...RESPONDENTS
5
[BY SRI B.V.KRISHNA, AGA FOR R1, R3 & R4 (VC);
SMT. SUMANGALA, ADVOCATE FOR
SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE
FOR R2 AND R5 (PH)]
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE IMPUGNED ENDORSEMENT DATED
06.10.2015 ISSUED BY R4 VIDE ANNEXURE-T AND ETC.,
IN W.P.No.54750/2016:
BETWEEN
SMT. H.S.JANAKI
W/O LATE SRI B. SRINIVAS
AGED ABOUT 60 YEARS
RESIDING AT NO.18/51
R.H.S. RESIDENTIAL QUARTERS
'SUDARSHAN GUEST HOUSE'
LOWER MADIKERI-571 201.
.... PETITIONER
[BY SRI K.H.SOMASHEKARA, ADVOCATE (PH)]
AND
1. STATE OF KARNATAKA
DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT
REPRESENTED BY ITS SECRETARY
M.S.BUILDING
BENGALURU-560 001.
2. THE KARNATAKA HOUSING BOARD
BY ITS COMMISSIONER
CAUVERI BHAVAN
BENGALURU-560 001.
6
3. THE CHIEF SECRETARY
PUBLIC WORKS DEPARTMENT
GOVERNMENT OF KARNATAKA
VIKAS SOUDHA
BENGALURU-560 001.
4. THE UNDER SECRETARY-1
HOUSING DEPARTMENT
VIKAS SOUDHA
BENGLAURU-560 001.
5. THE EXECUTIVE ENGINEER
KARNATAKA HOUSING BOARD
MYSURU SUB-DIVISION
MYSURU-570 001.
...RESPONDENTS
[BY SRI B.V.KRISHNA, AGA FOR R1, R3 & R4 (VC);
SRI. V.N. MURTHY, ADVOCATE FOR R2 & R5]
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE IMPUGNED ENDORSEMENT DATED
06.10.2015 ISSUED BY R4 VIDE ANNEXURE-T AND ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners are Class-IV employees working in the various Government departments and they were allotted quarters for their residential purpose. The 7 said quarters belongs to respondent No.2-the Karnataka Housing Board (for short 'the KHB'). The petitioners are calling in question the correctness of the endorsement dated 06.10.2015 (Annexure-T) issued by respondent No.4, which reads as follows:-
"ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, ¢£ÁAPÀ 05.08.2015gÀ ¥ÀvÀæzÀ ªÀÄÆ®PÀ ¯ÉÆÃPÉÆÃ¥ÀAiÉÆÃV E¯ÁSÉUÉ ¤ÃrzÀÝ ªÀÄ£À«AiÀÄ£ÀÄß, ¢£ÁAPÀ 14/09/2015 gÀAzÀÄ ªÀ¸Àw E¯ÁSÉAiÀÄ°è ¹éÃPÀj¸À¯ÁVzÉ. ªÀiÁ£Àå GZÀÒ £ÁåAiÀiÁ®AiÀĪÀÅ ¢£ÁAPÀ 09/07/2015gÀ DzÉñÀzÀAvÉ PÉÆqÀUÀÄ f¯Éè, ªÀÄrPÉÃj ¸ÀÄzÀ±Àð£ï §qÁªÀuÉAiÀÄ°è PÀ£ÁðlPÀ UÀȺÀ ªÀÄAqÀ½ ªÀw¬ÄAzÀ ¤«Äð¹gÀĪÀ ªÀ¸Àw UÀȺÀUÀ¼À°è ªÁ¹¸ÀÄwÛgÀĪÀ vÀªÀÄUÉ ¸ÀzÀj ªÀ¸Àw UÀȺÀUÀ¼À£ÀÄß ¸ÀéAvÀPÉÌ ºÀAaPÉ ªÀiÁqÀ®Ä vÀªÀÄä ªÀÄ£À«AiÀÄ°è PÉÆÃjgÀÄwÛÃj.
vÀªÀÄä ªÀÄ£À«AiÀÄ §UÉÎ ¥Àj²Ã°¸À¯Á¬ÄvÀÄ. ªÀ¸Àw UÀȺÀUÀ¼À£ÀÄß PÀ£ÁðlPÀ UÀȺÀ ªÀÄAqÀ½AiÀÄÄ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ ¸ÀºÁAiÀÄ zsÀ£À¢AzÀ, gÁeÁåzÁåAvÀ ¸ÀPÁðj d«ÄãÀÄUÀ¼À°è R.H.S./S.R.H.S (Rental Housing Scheme /Subsidised Rental Housing Scheme) AiÉÆÃd£ÉUÀ¼Àr ªÀÄ£ÉUÀ¼À£ÀÄß ¤«Äð¹gÀÄvÀÛzÉ. ¸ÀzÀj ªÀÄ£ÉUÀ¼À£ÀÄß 8 ¯ÉÆÃPÉÆÃ¥ÀAiÉÆÃV E¯ÁSÉUÉ °Ã¸ï DzsÁgÀzÀ ªÉÄÃ¯É ¤ÃrzÀÄÝ, ¥Àæ¸ÀÄÛvÀ D ªÀ¸Àw UÀȺÀUÀ¼ÀÄ ¯ÉÆÃPÉÆÃ¥ÀAiÉÆÃV E¯ÁSÉAiÀÄÄ ¸ÀPÁðj £ËPÀgÀjUÉ ¨ÁrUÉ DzsÁgÀzÀ°è ºÀAaPÉ ªÀiÁrgÀÄvÀÛzÉ. DzÀÄzÀjAzÀ ¤AiÀĪÀÄUÀ¼À ¥ÀæPÁgÀ ¸ÀzÀj ªÀÄ£ÉUÀ¼À£ÀÄß ¸ÀéAvÀ ªÀiÁ°ÃPÀvÀéPÉÌ ºÀAaPÉ ªÀiÁqÀ®Ä CªÀPÁ±À EgÀĪÀÅ¢®è. DzÀÄzÀjAzÀ, vÀªÀÄä PÉÆÃjPÉAiÀÄ£ÀÄß ¥ÀjUÀt¸À®Ä DUÀĪÀÅ¢®èªÉAzÀÄ F ªÀÄÆ®PÀ w½¸À¯ÁVzÉ".
2. It is contended on behalf of petitioners that they belong to weaker section of the society and on earlier occasions respondent Nos.2 and 4 had issued orders in favour of the Government employees in occupation of the KHB houses as quarters to own the same by paying price fixed by the Government and the KHB. It is therefore, contended on behalf of petitioners that since the petitioners are prepared to pay the value of the property, the direction be issued to respondent Nos.2 and 4 to consider the 9 representations of the respective occupants for allotment of houses in their favour.
3. Statement of objections filed on behalf of respondent No.2 shows that during 1973-77, the KHB had constructed the houses including the quarters in the occupation of the petitioners as per Government directions under RHS (Rental Housing Scheme) at various places in the State. The KHB was only constructing the houses in various parts of the State under the scheme entrusted by the State Government. Therefore, the KHB was not the absolute owner of all such houses built by it. In view of the same, the KHB had no power to sell the houses like quarters in occupation of the petitioners at the prevailing market value to anyone including the petitioners. It is further stated in the statement of objections that under the scheme and as per the 10 directions of the State Government, the KHB would hand over to various Government departments such houses for being used as quarters for their employees. Therefore, such buildings would be retained as quarters for government employees only. Earlier, the State Government had given power to the KHB to sell the houses to the existing occupants of the quarters by fixing the price and accordingly, the KHB was allotting such houses for purchase to the respective occupants/government servants by collecting the sale price fixed by the Government. But subsequently, on 07.11.2001 the State Government withdrew the earlier permission granted and it decided to retain the buildings as quarters only and earlier order dated 15.04.1999 was withdrawn by it. The said cancellation of withdrawal of the Government Order was challenged in W.P. Nos.6053-6060/2002 and 11 connected writ petitions before this Court and Hon'ble Single Judge dismissed those writ petitions and upheld the Government Order. The petitioners therein filed W.A. Nos.4821-4830/2002 and same were also dismissed on 16.01.2004. The petitioners who were occupants of the quarters filed an appeal before the Hon'ble Supreme Court in SLP Nos.14802-14825/2004 and the Hon'ble Supreme Court dismissed the same on 25.09.2006.
4. Perusal of the records shows that petitioners are only allottees of the buildings constructed by the KHB as occupants of the quarters and they do not have any enforceable rights on the State or on the KHB to command them to sell the houses in their favour. The stand of the State Government is reflected in the Government Order dated 07.11.2001 and the action of the KHB has been 12 held valid by the Division Bench of this Court as per its order dated 16.01.2004 in W.A. Nos.4821- 4830/2002 (Fakruddin and others Vs. The State of Karnataka and others) (Annexure-R1) and the Hon'ble Supreme Court dismissed the SLP Nos.14802- 14835/2004 filed against the same as per Annexure- R2. In that view of the matter, there is no illegality or error committed by respondent Nos.2 or 4 in issuing endorsement dated 06.10.2015 (Annexure-T). Accordingly, the writ petitions are dismissed.
Sd/-
JUDGE MBM