Karnataka High Court
N Mani @ Manikandan N vs The Government Of Karnataka on 19 November, 2021
Author: B.M. Shyam Prasad
Bench: B.M. Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE Mr. JUSTICE B.M. SHYAM PRASAD
WRIT PETITION No. 57778/2018 (GM-RES)
BETWEEN :
--------------
1. N. Mani @ Manikandan N
S/o. Narayanswami
Aged about 37 years
No. 22, 11th Main, 50 Feet Road
Ragavendra Block, Srinagar
Bangalore - 560 050.
2. Narasimha
S/o. Byrappa
Aged about 50 years
No. 19, 3rd Cross, Kalidasa Layout
Srinagar, Bangalore - 560 050.
3. Javaraiah
S/o. Veermna
Aged about 52 years
No. 691, 6th main
3rd Cross, Krishna River Road
Brundavan Nagar
Bangalore - 560 019.
4. VSR Prasad
S/o. late Subramanyasharma
Aged about 45 years
2
No. 1225, 12th Main
11th Cross, Kallappa Block
Srinagar, Bangalore - 560 050.
5. Aruna M
D/o. Muruesh
Aged about 28 years
No. 91/116, Sunkena Halli
Kabhir Mutt Road
Hanumanthanagar
Bangalore - 560 019.
6. Ramachandraiah
S/o. Kalaiah
Aged about 36 years
No. 59, Chinakavajra Madhergiri
Tumkur - 572 132.
7. Nagaraju K
S/o. late Kari Gowda
Aged about 50 years
No. 13, 17th main Road
Srinagar, Bangalore - 560 050.
8. T. Ramamani
H/o. Rajegowda B.C.
Aged about 46 years
No. 11, 2nd Cross, Vinoba Colony
Avalahalli, Bangalore - 560 026.
9. Meena B.K.
W/o. Nanjappa
Aged about 41 years
No. 31/2, Kalidasa Layout
1st Cross, Srinagar
Bangalore - 560 050.
3
10. Revanna
S/o. Angadi Kempanna
Aged about 45 years
No. 32/29, 1st Cross
Mookambikanagar
Hosakerehalli, BSK 3rd Stage
Bangalore - 560 085.
11. S.K. Sagar
S/o. Shankar
Aged about 25 years
No MES Layout, Hosakote
Bangalore - 572 132.
12. M.S. Lakshmisha
S/o. Srinivasan P
Aged about 31 years
No. 140 MIG, Group 3
KHB Colony, Hootagalli
Belavadi, Mysore - 570 018.
13. D.N. Mallesh
S/o. B. Najaraj
Aged about 38 years
No. 4, Sunkena Halli
Hanumanthanagar
Bangalore - 560 019.
14. Vasu Dev
S/o. Narasimha Naidu
Aged about 32 years
No. 10, Manjunatha Colony Slum
Kathreguppe
Bengaluru - 560 085.
15. Jagadish N. Shetty
S/o. Narayan Shetty
4
Aged about 40 years
No. 508, 4th Cross
Hanumanthanagar
Bangalore - 560 019.
16. Prasad Rajeshaker
S/o. Bevena Guddappa
Aged about 42 years
No. 52, 4th Cross
Ashokanagar, BSK 1st Stage
Bangalore - 50.
17. Devendrappa H.B.
S/o. Basvappa
Aged about 39 years
No. 92, 1st Main, 5th Cross
Hanumanthanagar
Bangalore - 560 019.
18. Shanthi G
W/o. M. Govindhan
Aged about 53 years
No. 32, 1st Cross
1st Main, Oballappa
Garden Tata Silk Farm
Bangalore - 560 028.
19. A.M. Bahvya
W/o. Satish
Aged about 30 years
No. 287/3, MS Layout
Channanakyana Palya
Bangalore - 560 073.
20. Ashok B. Lagatager
S/o. Basappa
Aged about 50 years
5
No. 1351/1, 11th Main Road
Vijayanagar
Bangalore - 560 040.
21. Shivaputra Talikoti
S/o. Virupakshappa
Aged about 34 years
No. 57, Hiermutala
Muddebihala Tq.,
Hiremural, Bijapur
Karnataka - 586 124.
22. Jyothi N
W/o. Nagesh N
Aged about 38 years
No. 60, 3rd Cross
Yediyeer Nagasandra
Bangalore - 560 028.
23. Hemavathi
W/o. Venkatesh
Aged about 47 years
No. 937, 11th Cross
14th Main Road
Srinagar, Bangalore - 560 050.
24. Omprakash S.S.
S/o. Sulibele N. Srinatm
Aged about 32 years
No. 13, Sreelalitma
Utaradimutta Road
Shankarapuram
Bangalore - 560 004. ... PETITIONERS
(By Sri. Vishnu Hegde, Adv., for
M/s. LEX SCIENTIA, Advs.)
6
AND :
-------
1. The Government of Karnataka
Represented by Chief Secretary
Vidhana Soudha
Dr. B.R. Ambedkar Road
Bangalore - 560 001.
2. The Principal Secretary
Housing Department
Govt. of Karnataka
No. 213, 2nd Floor
Dr. B.R. Ambedkar Road
Bangalore - 560 001.
3. The Housing Commissioner
Karnataka Housing Board
4th Floor, Cauvery Bhavan
K.G. Road, Bangalore - 560 001.
4. Karnataka Housing Board
Represented by its Secretary
Karnataka Housing Board
3rd Floor, Cauvery Bhavan
K.G. Road, Bangalore - 560 001.
5. The Deputy General Manager
Customer Service
Allotment Section
Karnataka Housing Board
4th Floor, Cauvery Bhavan
K.G. Road, Bangalore - 560 001.
6. The Revenue Officer
Allotment Section
Karnataka Housing Board
7
4th Floor, Cauvery Bhavan
K.G. Road, Bengaluru - 560 001.
7. The Executive Engineer (JV Cell)
Karnataka Housing Board
3rd Floor, Cauvery Bhavan
K.G. Road, Bengaluru - 560 001.
8. The Managing Director
L & C Builders & Developers
LTG Tower, No. 3, 4, 5 & 6
3rd Floor, BDA Outer Ring Road
Near Kempegowda Nagar Arch
Laggere, Bengaluru - 560 058.
9. Smt. Prabha
W/o. Kullegowda
Aged about 46 years
No. 109, Chottanahalli
Koppa Hobli, Maraliga Post
Maddur Taluk, Mandya District - 571 419.
10. Smt. Gundamma
W/o. Siddaraju
Aged about 48 years
No. 14, D Main 4th Cross
Muneshwara Block, PG Halli
Bangalore - 03.
11. L & C Builders And Developers
Partner/Nominee
# 3, 4, 5 & 6, 3rd Floor
LTG Tower, BDA Outer Ring Road
Kempegowdanagar
Near Laggere Bridge
Bangalore - 58.
8
12. Ramakrishna
H/o. Geetha
Aged about 66 years
Marasinganahalli
Hosakere Post
Koppa Hobli
Maddur Taluk, Maddur District - 571 425.
13. Smt. Sahana M.P.
W/o. Rama S
Age 25 years
No. 3, PWD Quarters SLN Road
Kanakapura, Ramanagara - 562 117.
14. Shri. Sunil H.V.
S/o. Veerabhadrappa
No. 4, Valagerahalli
Kengeri Upanagar
Bangalore - 60.
15. Smt. Ranjani C
W/o. Pramod CP
No. 204, 8th Cross Road
Saraswathi Nagar
Vijayanagar, Bangalore - 40.
16. Smt. K.B. Nirmala
W/o. Vijay Kumar HS
Honnudike Village and Post
(Thotada Mane), Guluru Hobali
Tumkur District
Tumkur - 572 122.
17. Shri CB Mohan
S/o. C R Balakrishna
Aged about 42 years
No. 20, 24th Main
9
F Pipeline Cross
JC Nagar, Kurubarahalli
Bangalore - 86.
18. Mohammad Moiduddin
S/o. Muhammad Moinuddin
Aged about 35 years
No. 1035, Moni Manzil
13th Cross, 3rd Block, 1st Stage
HBR Layout
Kalyan Nagar, Bangalore - 43.
19. Priyanka M
S/o. Mahadeva Prasad R
Aged about 27 years
Kollegal Taluk, Madhuvanahalli
Chamarajnagar - 571 440.
20. Ravi Kumar HB
S/o. Basavarajaiah
Aged about 38 years
Shree Ganesh L
S/o. Tara B
Aged about 23 years
Hampapura Manchanayakanahalli Post
Kengeri Hobli
Bangalore South Taluk
Bangalore - 562 109.
21. Smt. Gautami G
W/o. Prasanakumar P
Aged about 26 years
Mata Pithru Nilaya Kundur (V)
Devarayana Patana (P)
Kasaba (H), Tumkur - 572 104.
10
22. Pratibha Siddappa
S/o. Siddappa
Aged about 38 years
No. 214, 7th Cross
11th Main Road
Shakambari Nagar
JP Nagar, Bangalore - 78. ... RESPONDENTS
(By Smt. Jyothi Bhat, HCGP, for R-1 & R-2
Sri. Basavaraj V. Sabard, Adv., for R-3 to 7
Sri. B. Ravindra Prasad, Adv., for R-8. 11, 14, 19, 20
Sri. Kaleemullah Shariff, Adv., for R-18
Sri. H.L. Pradeep Kumar, Adv., for R-22
R-9, 12, 13, 15 and 15 are sd.
Service held sufficient for R-10 and 17 v/o. dated 18.07.2019
Service held sufficient for R-21 v/o. dated 26.09.2019)
---
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India with a prayer to set aside the
impugned order/resolution dated 05.09.2018 and etc.
This Writ Petition coming on for Preliminary Heard B
Group this day, the Court passed the following;
ORDER
The petitioners who have responded to a public notice issued by the fourth respondent for allotment of Economically Weaker Section (EWS) and Low Income Group (LIG) sites in KHB - L&C Silicon City, Hampapura 11 Village, Kengeri Hobli, Bengaluru South taluk have filed this petition impugning the third respondent's resolution to return back 21 EWS sites to the builder, seventh respondent and for a direction to the third and fourth respondents to allot the 21 EWS category and 3 LIG category sites to the petitioners.
2. The learned counsel for the petitioners submits that the respondents after having called applications for allotment of these sites on 29.08.2015 could not have, by their impugned resolution dated 05.09.2018, resolved to return back these sites to the builder - seventh respondent and these sites should be allotted to the petitioners, who have deposited the requisite amount and are eligible in terms of KHB Rules for allotment. Thus, the petitioners' case is predicated on the assertion that they have deposited the requisite amount and it lies with the third respondent. 12
3. However, the learned counsel for the third respondent as also the fourth respondent, point out from the statement of objections filed on behalf of the third respondent and the Annexures enclosed thereto, that after the impugned resolution the petitioners have submitted written requisitions for refund of the amount deposited by them; the third respondent, responding to such requests, has also refunded the amounts with the issuance of cheques in their favour. Some of the petitioners, who could not present the cheques for encashment, have also asked for revalidation of the cheques. These respective cheques have been revalidated and made over to them. The learned counsel for the petitioners is unable to controvert these submission, and if this material assertion remains uncontroverted, it cannot be gainsaid that the petitioners will have no locus to impugn the resolution dated 05.09.2018.
13
4. Further, the contesting respondents, viz., the third, fourth and eight respondents assert that the KHB - L&C Silicon City project is a joint venture project between the third and eighth respondents, and in terms of the agreement for development of the project, the eighth respondent is entitled to receive back those sites which are not allotted according to the KHB Rules within one year. The first notification for allotment was in the year 2013 and some sites were not allotted. The 192 sites in EWS category and 5 sites in LIG category were not allotted and therefore the subsequent application was issued in the year 2015 for which the petitioners have responded. The 21 sites were not part of the allotment because it was held back on the request of the eighth respondent to enable this respondent to settle the claims of the land owners. These sites could not have been part of the allotment for which the second notification is issued in the year 2015.
14
In consideration of these submissions and because the petitioners cannot assert locus, the petition stands rejected.
SD/-
JUDGE.
LRS.