Post on 03-Aug-2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER 2016
BEFORE
THE HON’BLE MR.JUSTICE A.S.BOPANNA
WRIT PETITION NOS.40722-863 OF 2016(GM-RES)
BETWEEN: 1. SMT JAYAMMA
W/O PRAKASH, AGED ABOUT 33 YEARS, R/AT NO.1443,
2. JAYAMMA W/O RAMASHESHAIAH, AGED ABOUT 52 YEARS, R/AT NO.965,
3. MALLAMMA W/O NARASAIAH, AGED ABOUT 41 YEARS, R/AT NO.C25,
4. RENUKA W/O KRISHNAPPA, AGED ABOUT 35 YEARS,
5. N.VARALAKSHMI
W/O HONNAIAH, AGED ABOUT 30 YEARS, R/AT NO.57,
6. SUNANDA W/O SIDDAIAH, AGED ABOUT 43 YEARS R/AT NO.781F,
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7. SHANTHAMMA W/O HANUMAIAH, AGED ABOUT 54 YEARS, R/AT NO.647,
8. HANUMAKKA
W/O TIRUMALAIAH, AGED ABOUT 49 YEARS, R/AT NO.107,
9. SMT.MANJULA M W/O PRAKASH, AGED ABOUT 34 YEARS, R/AT NO.822/F,
10. SARASWATHI W/O RAJANNA, AGED ABOUT 41 YEARS, R/AT NO.687E,
11. LAKSHMI H N
W/O YESAPPA, AGED ABOUT 28 YEARS, R/AT NO.737,
12. KUMBLAMMA S/O SHIVA, AGED ABOUT 25 YEARS, R/AT NO.742,
13. SAMADANAMMA W/O DEVAPPA AGED ABOUT 40 YEARS R/AT NO.694
14. NUTANA KUMARI W/O LATE MANJESH, AGED ABOUT 28 YEARS, R/AT NO.31A,
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15. RAJINI W/O SHIVRAJ, AGED ABOUT 25 YEARS, R/AT NO. 35,
16. NAGARAJ W/O PUTTARAJAPPA, AGED ABOUT 35 YEARS, R/AT NO.735,
17. V.S.JAYALAKSHMI
W/O SOMASHEKARA, AGED ABOUT 31 YEARS, R/AT NO.1121,
18. BATHULABANU
W/O SANUVULLA, AGED ABOUT 36 YEARS, R/AT NO.771,
19. YELLAMMA W/O RAMAN V, AGED ABOUT 39 YEARS, R/AT NO.1127,
20. JAYAMMA
W/O AMASE, AGED ABOUT 42 YEARS, R/AT NO.111,
21. NINGAMMA
W/O HANUMANTAPPA, AGED ABOUT 32 YEARS, R/AT NO.64,
22. MOUSINA W/O BABUSHEK, AGED ABOUT 26 YEARS R/AT NO.754,
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23. BIBI JOHN W/O SHAMIULLA, AGED ABOUT 51 YEARS, R/AT NO.1140,
24. UMADEVI W/O PUTTAIAH, AGED ABOUT 36 YEARS, R/AT NO.11,
25. BHARATI
W/O SATISH, AGED ABOUT 39 YEARS, R/AT NO.35,
26. S.SUKUMAR
W/O SHANKER, AGED ABOUT 52 YEARS, R/AT NO.50,
27. GULJAR W/O SYED KALIL, AGED ABOUT 39 YEARS, R/AT NO.821,
28. KALIYAMMA
W/O RAMASWAMI AGED ABOUT 45 YEARS
29. KAVITHA W/O CHANDRA NAIK,
AGED ABOUT 30 YEARS, R/AT NO.35, 30. SHANA
W/O MASUD, AGED ABOUT 32 YEARS, R/AT NO.935,
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31. JAYALAKSHMI W/O PUTTASWAMI AGED ABOUT 41 YEARS R/AT NO.85,
32. SUSHELAMMA W/O VEERABHADRAIAH, AGED ABOUT 52 YEARS R/AT NO.639,
33. PRAKASH
W/O NEELAKANTARAO, AGED ABOUT 44 YEARS, R/AT NO.882,
34. SWAMI
W/O KARIYA, AGED ABOUT 56 YEARS, R/AT NO.C47,
35. ANURADHA R W/O RAJANNA, AGED ABOUT 34 YEARS, R/AT NO.140,
36. ANUSUYA BAI
W/O SHVIAJI, AGED ABOUT 48 YEARS, R/AT NO.751,
37. NARAYAN RAO
W/O SUBBOJI RAO, AGED ABOUT 31 YEARS, R/AT NO.963,
38. NETHRAVATI W/O J C NAGARAJ, AGED ABOUT 32 YEARS R/AT NO.301,
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39. NETHRAVTI W/O T.REVANNA, AGED ABOUT 30 YEARS, R/AT NO.302,
40. LAKSHMAMMA W/O RANGASWAMI, AGED ABOUT 40 YEARS, R/AT NO.121,
41. JAYALAKSHMI
W/O MARIYAPPA, AGED ABOUT 41 YEARS, R/AT NO.15,
42. GANGAMMA
W/O MALLAPPA, AGED ABOUT 52 YEARS, R/AT NO.924,
43. APPU S/O BASAVARAJ, AGED ABOUT 26 YEARS, R/AT NO.54,
44. SMT. SIDDAMMA
W/O LATE NAGAPPA AGED ABOUT 76 YEARS
45. SMT. SUGAMMA W/O CHANDRASHEKAR, AGED ABOUT 45 YEARS, R/AT NO.54,
46. SMT. PARVATHI
W/O CHANDRAPPA, AGED ABOUT 41 YEARS, R/AT NO.736,
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47. SMT.NINGAMMA W/O MARIYAPPA AGED ABOUT 41 YEARS R/AT NO.925,
48. DHANALAKSHMI W/O VENKATESH AGED ABOUT 30 YEARS R/A NO.751
49. DEVAMMA
W/O MARIYAPPA AGED ABOUT 55 YEARS
50. SMT.MARIYAMMA W/O BEEMAPPA AGED ABOUT 35 YEARS R/AT NO.735,
51. SMT.RUKMINI
W/O UMESH, AGED ABOUT 35 YEARS R/AT NO.1186,
52. SMT.LAKSHMAMMA W/O NARASIMHAPPA AGED ABOUT 57 YEARS R/AT NO.131,
53. SMT. PREMA W/O THIMMANNA AGED ABOUT 30 YEARS R/AT NO.1085,
54. SMT. KALAMMA
W/O ANAND AGED ABOUT 36 YEARS R/AT NO.C.152
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55. SMT. NAPHIZA W/O ALLHABAKSH AGED ABOUT 35 YEARS R/AT NO.C-45,
56. SMT. LATHA W/O PUTTARAJU AGED ABOUT 37 YEARS R/AT NO.C-50,
57. SMT. AMPAMMA
W/O NAGARAJ, AGED ABOUT 30 YEARS, R/AT NO.152,
58. DURGAMMA W/O BHEEMA RAO, AGED ABOUT 45 YEARS
59. K.NARASIMHAIAH S/O ANNAPPAIAH AGED ABOUT 56 YEARS, R/AT NO.C.57
60. SMT NAGARATHNAMMA W/O LATE KRISHNAPPA, AGED ABOUT 59 YEARS, R/AT NO.936
61. NARASAMMA W/O NARASAIAH AGED ABOUT 41 YEARS,
62. SMT. SAROJAMMA W/O LATE KRISHNAPPA, AGED ABOUT 49 YEARS, R/AT NO. 258
63. SMT. RATHNA W/O RAJU
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AGED ABOUT 35 YEARS, R/AT NO.831
64. SMT. GANGAMMA W/O RANGAPPA, AGED ABOUT 50 YEARS, R/AT NO.488
65. SMT. SHANTHA M C W/O SRINIVAS, AGED ABOUT 46 YEARS, R/AT NO.15
66. SMT. JOTHI W/O NAVEEN KUMAR, AGED ABOUT 25 YEARS, R/AT NO.809
67. SMT. SHOBHA W/O KUMARASWAMY, AGED ABOUT 26 YEARS, R/AT 808
68. SMT. LAXAMAMMA W/O GOPALAPPA, AGED ABOUT 51 YEARS, R/AT NO.134
69. SMT. MAMATHA W/O TEJES KUMARA, AGED ABOUT 28 YEARS, R/AT NO.1099
70. NANJAMMA W/O NANJAIAH, AGED ABOUT 56 YEARS,
71. SMT. RATHNAMMA W/O CHANNABASAPPA, AGED ABOUT 55 YEARS
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72. SMT. MANJULA W/O DINESH GOWDA, AGED ABOUT 35 YEARS R/AT NO.243,
73. SHIVAKUMAR
S/O SIDDASETTY, AGED ABOUT 37 YEARS R/AT NO.602,
74. SIDDAPAJI .S S/O SIDDASETTY, AGED ABOUT 31 YEARS R/AT NO.602,
75. SMT. MANJULA W/O RAJAPPA, AGED ABOUT 38 YEARS R/AT NO.61,
76. SMT. NARASAMMA
W/O GANGAPPA, AGED ABOUT 48 YEARS R/AT NO.92,
77. SMT. NASIMA W/O DASTGIRI, AGED ABOUT 35 YEARS
78. SMT. YASHODAMMA W/O CHANNAPPA, AGED ABOUT 43 YEARS R/AT NO.8,
79. SMT.NAGAMMA W/O NARAYANNA, AGED ABOUT 43 YEARS R/AT NO.1011,
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80. SMT. LALITHAMMA W/O SIDDARAMAPPA, AGED ABOUT 55 YEARS R/AT NO.6,
81. SMT. GUNAVANTHI W/O VINOD, AGED ABOUT 38 YEARS R/AT NO.765,
82. SMT. KAVERAMMA
W/O HULIGAPPA, AGED ABOUT 37 YEARS R/AT NO.228,
83. SMT. K.N.BHAGHYAMMA
W/O LATE PUTTALINGA, AGED ABOUT 42 YEARS
84. SMT. MADHU W/O MANU, AGED ABOUT 31 YEARS R/AT NO.4,
85. SMT.DAKSHAYANAMMA W/O CHINNACHARI AGED ABOUT 57 YEARS R/AT NO:981,
86. SMT. KUMARI W/O VEERABHADRAIAH AGED ABOUT 48 YEARS R/AT NO.950,
87. SMT. RANGAMMA
W/O CHIKKANNA AGED ABOUT 35 YEARS R/AT NO.68,
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88. SMT.KEMPPAMMA W/O LATE RAMAIAH AGED ABOUT 55 YEARS R/AT NO.36,
89. SMT RANI W/O CHANDRASHEKAR AGED ABOUT 41 YEARS R/AT NO.810,
90. SMT. SUSHILAMMA
W/O SRINIVAS AGED ABOUT 47 YEARS R/AT NO.64,
91. SMT. SHAKUNTHALA
W/O PARASHIVAMURTHY AGED ABOUT 36 YEARS R/AT NO.574,
92. SMT. BHAGYAMMA W/O LAKSHMANA AGED ABOUT 46 YEARS R/AT NO.186,
93. SMT. GANGAMMA
W/O NANJUNDAIAH AGED ABOUT 46 YEARS R/AT NO.77,
94. SMT. MANGALA
W/O SRINIVAS AGED ABOUT 28 YEARS R/AT NO.52,
95. SMT.TAYAMMA W/O CHINNABOVI AGED ABOUT 57 YEARS R/AT NO.125,
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96. SMT.LAXMI W/O DEVARAJ AGED ABOUT 36 YEARS R/AT NO.873,
97. SMT. VENKATAMMA W/O KARIYAPPA AGED ABOUT 48 YEARSS R/AT NO.290,
98. SMT. LAKSHMI
W/O YESAPPA AGED ABOUT 38 YEARS R/AT NO.150,
99. SMT. AMEENA
W/O LATE JAMEER, AGED ABOUT 54 YEARS R/AT NO.446,
100. SMT. GURUPRIYA N W/O MUNIRAJU, AGED ABOUT 30 YEARS R/AT NO.662,
101. SMT. PRABHAVATHI
W/O VENKATESH, AGED ABOUT 46 YEARS R/AT NO.51,
102. SMT. GANGAMMA
W/O KARIYAPPA, AGED ABOUT 54 YEARS R/AT NO.645,
103. SMT. SHANTHAMMA W/O HANUMANTHAPPA, AGED ABOUT 56 YEARS R/AT NO.89,
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104. SMT. KAMALAMMA W/O NARASAPPA, AGED ABOUT 54 YEARS R/AT NO.195,
105. SMT. BHARATHI W/O NAGARAJ, AGED ABOUT 38 YEARS R/AT NO.1416,
106. GULABSHA
W/O MOHAMAD RAFI, AGED ABOUT 32 YEARS
107. SMT. RAMAYI W/O BALRAM, AGED ABOUT 45 YEARS R/AT NO.153,
108. SMT. NEELA
W/O SRINIVAS, AGED ABOUT 36 YEARS R/AT NO.707,
109. SMT. MERIYAMMA W/O PETER, AGED ABOUT 51 YEARS R/AT NO.35,
110. SMT. JAYASHEELA G W/O SAIMON, AGED ABOUT 35 YEARS R/AT NO.106,
111. SMT. NAGAMMA
W/O RAMABOVI, AGED ABOUT 47 YEARS R/AT NO:123,
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112. SMT. LAKSHMI DEVI W/O RAMAIAH, AGED ABOUT 41 YEARS R/AT NO:397,
113. HUCHAMMA W/O GANGAHUCHAIAH, AGED ABOUT 41 YEARS, R/AT NO.98
114. SUKANYA W/O JAYAPAL, AGED ABOUT 36 YEARS, R/AT NO.98
115. SIDDAMMA W/O VENKATAPPA, AGED ABOUT 58 YEARS, R/AT NO.971
116. MAMTHAZ BEGAM W/O MOHAMAD, AGED ABOUT 55 YEARS, R/AT NO.75
117. SMT.MANJULA S/O SALMANAPPA, AGED ABOUT 47 YEARS, R/AT NO.1359
118. SMT.HANUMANTHI W/O BHIMAPPA, AGED ABOUT 55 YEARS, R/AT NO.793
119. SMT. DEVAMMA W/O MARIYAPPA, AGED ABOUT 35 YEARS, R/AT NO.193
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120. SMT.BHAGYAMMA W/O NARAYANSWAMY, AGED ABOUT 43 YEARS, R/AT NO.68
121. SMT. NOORJOHN W/O ABDUL RAZAK, AGED ABOUT 48 YEARS, R/AT NO.589
122. KAJIBI W/O ISMAIL,
123. NINGELLLAMMA W/O JAYRAM, AGED ABOUT 43 YEARS, R/AT NO.311,
124. SMT.YELLAMMA W/O HANNUMANTHAPPA, AGED ABOUT 45 YEARS, R/AT 114,
125. DURGAMMA W/O SINGAPPA AGED ABOUT 47 YEARS,
126. SMT.GAYITHRI W/O RAMESH, AGED ABOUT 43 YEARS, R/AT NO.230,
127. SMT.LAKSHMIDEVI W/O BALAJI, AGED ABOUT 30 YEARS, R/AT NO.156,
128. SMT.CHANDRAKALA W/O SHEKARA AGED ABOUT 29 YEARS,
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R/AT NO.137,
129. DRUVA RANI D/O HANUMANTHA BHOVI, AGED ABOUT 26 YEARS,
130. SUVARNA W/O GANESH, AGED ABOUT 25 YEARS,
131. SMT.GEETHA W/O T.RAVI, AGED ABOUT 34 YEARS, R/AT NO.279,
132. SMT.BHARATHI W/O PRAKASH, AGED ABOUT 35 YEARS, R/AT NO.230,
133. SMT. SHASHI W/O KUMAR, AGED ABOUT 35 YEARS, R/A NO.:177,
134. SMT.GOWRAMMA W/O MANJUNATHA, AGED ABOUT 33 YEARS, R/A NO:1442,
135. LAKSHMI W/O RAMAPPA, AGED ABOUT 38 YEARS, R/AT NO. 2250,
136. SHANKARA S/O HONNAPPA, AGED ABOUT 32 YEARS, R/A.NO.791,
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137. MARIYAMMA W/O VENKAPPA, AGED ABOUT 36 YEARS, R/A NO.143,
138. PARIMALA T W/O MAHESH MJ, AGED ABOUT 30 YEARS, R/AT NO.786F,
139. MARIYAMMA W/O BANGARAPPA, R/AT NO.789,
140. RENUKAMMA W/O BHEEMAPPA, AGED ABOUT 29 YEARS, R/AT NO.592,
141. MASTAN B W/O MASTAN, AGED ABOUT 57 YEARS,
142. BHAGYAMMA W/O SHEKARAPPA, AGED ABOUT 35 YEARS,
ALL THE ABOVE PETITIONER ARE R/AT ASHRAYANAGARA,
BEHIND SRS COMPOUND, PEENYA 1ST STAGE, TUMAKURU ROAD, BENGALURU - 560 058. ... PETITIONERS
(BY SRI LOKESH B., ADVOCATE) AND: 1. STATE OF KARNATAKA
REP. BY CHIEF SECRETARY,
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DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001.
2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU – 560 002.
3. TAHASILDAR BANGALORE NORTH TALUK, KANDAYA BHAVANA, BENGALURU – 560 002. ... RESPONDENTS
(BY SRI Y.D.HARSHA, AGA FOR R1 TO R3)
****** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 1.07.2016 AT ANNEXURE-C, C1, C2 MADE BY THE PETITIONERS THROUGH THEIR SANGHA, SO AS TO TRANSFER THE LEFT OVER GOMAL LAND MEASURING 8 ACRE 14 GUNTAS, TOGETHER WITH UNCONSTRUCTED AVAILABLE LAND IN SY.NO.75/P1 [SCHEDULE PROPERTY] TO THE RAJIV GANDHI RURAL HOUSING DEVELOPMENT BOARD FOR ALLOTMENT OF HOUSE / SITES TO THE PETITIONERS UNDER ASHARAYA SCHEME AS PER ANNEXURE-B.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners are before this Court seeking to
issue direction to the respondents to consider the
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representation dated 1-7-2016 at Annexures-C,C1 and C2
made by the petitioners through the Sangha representing
them. Through the said representation the petitioners
seek transfer of left over gomal land measuring 8 acre 14
guntas together with unconstructed land available in
Sy.No.75/P1 to the Rajiv Gandhi Rural Housing
Development Board for allotment of house and sites to
the petitioners under Ashraya Scheme.
2. The petitioners claim to be poor houseless
persons hailing from backward class and are living in
small huts at Ashrayanagara, Behind SRS Compound,
Tumkur Road, Peenya I Stage, Bengaluru. It is contended
by them, that a slum has developed in the area regarding
which the competent authority would have the
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jurisdiction. Presently, the petitioners are contending that
in respect of the gomal land in Sy.No.75/P1 which totally
measures 33 acres 14 guntas, though it is ordered on an
earlier occasion that the representations of the petitioners
in writ petition Nos.20897-20974/2009 be considered,
the case of the petitioners did not arise for consideration
as they were are not parties to the said petition. In that
light, the petitioners contend that if the extent of 8 acres
14 guntas of land is also considered for being transferred
to the Rajiv Gandhi Rural Housing Development Board,
the case of the petitioners would arise for consideration
for the allotment of Ashraya sites. In that regard, the
petitioners have sought to rely on the orders whereby the
Special Deputy Commissioner had earlier ordered that the
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said land be transferred to the Rajiv Gandhi Rural
Housing Development Board.
3. The learned Government Advocate would
submit that though such prayer is made in the instant
petition, the instructions given to the learned
Government Advocate is that such land as claimed by the
petitioners is not presently available. In a matter of the
present nature, when factual issues with regard to the
existence of land is urged and it is contended that such
land is sought to be transferred to the body which is
constituted for the purpose of considering the case of the
eligible applicants for allotment of sites, these are the
aspects which would have to be considered by the
respondents and thereafter a decision is to be taken.
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Therefore, without determining as to whether such land is
available or not, taking note of the fact that the
representations said to have been made by the petitioner
Sangha as at Annexures-C, C1 and C2, have not yet been
considered by the respondents, limited to that aspect a
direction is issued to the second respondent to secure all
the materials, take note of the request made in the
representation and take a decision in that regard.
5. To enable such request to be considered, any
one of the petitioners with the authorization of the
remaining petitioners shall submit the copies of the
representation said to have been made along with a fresh
representation and supporting documents to the second
respondent. The second respondent shall thereupon
examine all the aspects and take a decision and convey
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the decision, to the person or the body that has filed the
copy with the second respondent, within two months
from the date on which the representation is submitted.
Until such decision is taken by the second respondent,
the status-quo existing as on today, shall be continued till
such date.
Petitions are accordingly disposed off.
In view of the disposal of the Petition, I.A.I/2016 is
also disposed off.
Sd/-
JUDGE
Rsk/-