Smt Parvathamma vs The State Of Karnataka
2021 Latest Caselaw 5489 Kant

                          1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 4TH DAY OF DECEMBER, 2021

                      BEFORE

     THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

     WRIT PETITION NO.19294 OF 2021(GM-RES)
BETWEEN:

1. SMT. PARVATHAMMA,
   W/O HANUMATHAPPA,
   AGED ABOUT 60 YEARS,
   NO.39, 8TH CROSS,
   NEAR KANNURAMMA TEMPLE,
   RMV 2ND STAGE, DEVINAGAR,
   BANGALORE - 560 094.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

2. SMT. DEVAJAMMA,
   W/O VENKATESHAIAH,
   AGED ABOUT 60 YEARS,
   NO.1549, 7TH MAIN, 7TH 'C' CROSS,
   KENGERI SATELLITE TOWN,
   BENGALURU - 560 060.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

3. SRI. PERIANAYAGAM,
   AGED ABOUT 66 YEARS,
   NO.8, KRISHNA GARDEN,
   'A'BLOCK, 2ND CROSS,
   RAJARAJESHWARINAGAR,
   BANGALORE - 560 059.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

4. SMT. VENKATALAKSHMAMMA,
   W/O SRI. KENDIAH,
   AGED ABOUT 62 YEARS,
   R/O NO.6, 1ST MAIN, BRINDAVANA BADAVANE,
   NAGADEVANAHALLI,
   BENGALURU - 560 056.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

5. SMT. ARASAMMA,
   W/O SRI. SADASHIVAIAH,
   AGED ABOUT 65 YEARS,
   R/O NO.180, 1ST MAIN,
   7TH CROSS, JAGAJYOTI LAYOUT,
                           2

  BENGALURU - 560 056.
  (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

6. SMT. SAROJAMMA,
   W/O HONNIAH,
   AGED ABOUT 66 YEARS,
   NO.313, 2ND CROSS,
   KEBBEHALLA, RAJIVGANDHINAGAR,
   SUNKADAKATTE,
   BANGALORE - 560 091.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

7. SMT. GIRIYAMMA,
   W/O RAMAIAH,
   AGED ABOUT 64 YEARS,
   NO.396/A, 80 FT ROAD,
   IDEAL HOMES, RAJARAJESWARINAGAR,
   BANGALORE - 560 098.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

8. SRI.S.NAGARAJU,
   S/O SHIVASIDDAIAH,
   AGED ABOUT 60 YEARS,
   NO.10, 2ND CROSS,
   BYRAVESHWARANAGARA,
   MAGADI MAIN ROAD, SUNKADAKATTE,
   BANGALORE - 560 091.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

9. SMT. CHIKKATHAIMMA,
   W/O LATE MALLAIAH,
   AGED ABOUT 70 YEARS,
   NO.668, NEW BINNY LAYOUT,
   BANGALORE - 560 023.
   (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

                                        ...PETITIONERS
(BY SRI. NARAYANASWAMY V K, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   REP BY ITS SECRETARY,
   REVENUE DEPARTMENT,
   VIDHANA SOUDHA,
   BENGALURU - 560 001.

2. THE SPECIAL DEPUTY COMMISIONER,
   (REVENUE) BENGALURU DISTIRCT,
   BENGALURU - 560 009.
                                 3


3. THE TAHASILDAR,
   BENGALURU NORTH TALUK,
   BENGALURU - 560 009.

4. THE DEPUTY COMMISSIONER,
   BENGALURU URBAN,
   BENGALURU - 560 009.
   AMENDED AS PER V.C.O DATED 28.10.2021.
                                     ... RESPONDENTS
(BY SRI. N SREEDHAR HEGDE, HCGP)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT THE RESPONDENTS CONCERNED HEREIN AS MADE

IN WRIT APPEAL NO.997/2008 C/W W.A.NO.1022/2008(LA-

BDA) AND W.A.NO.1023/2008(LA-BDA) DATED 26.03.2021 TO

HEAR    THEM    IN   THE   PROPOSED       ENQUIRY    BY    THE

COMMISSIONER BENGALURU DISTRICT TO CONDUCT AN

ENQUIRY ABOUT THE ELIGIBILITY OF THE PETITIONERS FOR

THE ALLOTMENT OF SITES AS PER HAKKU PATRAS AT

ANNEXURE-B,     B1   TO    B3   BY   AFFORDING      THEM    AN

OPPORTUNITY OF FILING OF OBJECTIONS AND HEARING

THEM AS WELL AS RECORDING THEIR EVIDENCE ALONG

WITH THE APPELLANTS IN THE ABOVE APPEALS TO ENABLE

THE PETITIONER TO SUBMIT THEIR CASE.


       THIS   PETITION    COMING     ON   FOR   PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
                               4

                         ORDER

The subject matter of this writ petition is

substantially covered by the judgment of this Court in

W.P.No.19787/2021 between SRI H M JAYAKUMAR &

OTHERS Vs. THE STATE OF KARNATAKA & OTHERS,

disposed off on 10.11.2021. This assertion of the

petitioner is not disputable and therefore, rightly not

disputed by the answering respondents.

2. At paragraph No.3 and onwards, this Court has

observed as under:

"3. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is inclined to grant a limited indulgence in the matter as under inasmuch as the enquiry of the kind cannot be kept pending ad infinitum; at least as a concession to the shortness of human life, the enquiry proceedings ought to be accomplished in a time bound way notwithstanding whatever arguable work pressure lying on the shoulders of the respondent- Deputy Commissioner.

In the above circumstances, this Writ Petition is disposed off directing the respondent No.4-Deputy Commissioner to hold & accomplish contemplated enquiry about the eligibility of petitioner for the allotment of sites in question pursuant to subject hakku patraas at Annexures- B, B1 & B4 within an outer limit of three months; all contentions are kept open."

In view of the above, the relief granted to the litigant

in the cognate writ petition above needs to be extended to

the petitioners herein in view of Division Bench decision of

this Court in W.A.Nos.932-933/1974 between

A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY

ITS COMMISSIONER & SECRETARY disposed of on

11.12.1974.

Ordered accordingly and the petition stands

disposed off, costs having been made easy.

Sd/-

JUDGE

Bsv