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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/-