Smt. Kamalamma R vs The State Of Karnataka
2023 Latest Caselaw 3984 Kant

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                                                     NC: 2023:KHC:23184
                                                         WP No. 8852 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JULY, 2023

                                          BEFORE

                        THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                        WRIT PETITION NO. 8852 OF 2023 (GM-RES)

                   BETWEEN:

                   1.

SMT. KAMALAMMA R., W/O. SRINIVAS P. M., AGED ABOUT 62 YEARS, NO. 368, 8TH CROSS, KAVIKA LAYOUT, BANGALORE SOUTH, BANGALORE-560 028.

2. A. ANANDA SHETTY, S/O. DASAPPA SHEETY, AGED ABOUT 77 YEARS, NO. 240/B, 14TH MAIN ROAD, 3RD STAGE, 1ST BLOCK, MANJUNATHANGAR, Digitally signed by SHARADA RAJAJINAGAR,BANGALORE-560 010. VANI B Location: HIGH 3. PADMALATHA. G. COURT OF C/O. B. J. GIRIDHAR RAO, KARNATAKA AGED ABOUT 64 YEARS, NO. 5, 3RD FLOOR 1, G.K. SERINITY, 2ND CROSS, 4TH MAIN, NEAR VATALNAGARAJ HOUSE, KGE LAYOUT, 2ND STAGE, RMV EXTENSION, BANGALORE-560 094.

4. LEELAVATHI, W/O. NAGARAJU, AGED ABOUT 66 YEARS,

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NO. 18/3, ANGADIGOVINDAPPA BUILDING, 1ST MAIN, DEEPANJALINAGAR, BANGALORE-560 026.

5. M. PREMALEELA, W/O. JANARDHANASHETTY, AGED ABOUT 62 YEARS, NO. 240/B, 14TH MAIN ROAD, 3RD STAGE, 1ST BLOCK, MANJUNATHANAGAR, BANGALORE-560 010.

6. VIJAYAKUMAR. M., C/O. MUNISWAMY, AGED ABOUT 64 YEARS, GIDADAKONENAHALLI, YEASHAVANTHAPURA HOBLI, BANGALORE NORTH, BANGALORE-560 072.

7. GOVINDAMMAL, W/O. GOVINDAN, AGED ABOUT 62 YEARS, NO. 56, 2ND CROSS, SIDDARTHA LAYOUT, A.K. COLONY, KATHRIGUPPE, BANGALORE-560 084.

8. M. SRINIVAS, S/O. MUNISWAMI, AGED ABOUT 63 YEARS, NO. 160, RING ROAD, NEAR MAHESWARAMMA TEMPLE, KADIRENAHALLI, B.S.K., 2ND STAGE, BANGALORE-560 070.

9. NAGESH, AGED ABOUT 62 YEARS, NO. 276, 5TH CROSS, BANASHANKARI 2ND STAGE, BHAVANINAGAR, BANGALORE-560 070.

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10. MALLIKA, W/O. KRISHNAMURTHY. U, AGED ABOUT 62 YEARS, NO. 120, 1ST MAIN, 3RD CROSS, KAMALANAGAR, BANGALORE-560 079.

11. MALATHI U. V., W/O. SHIVARAJU B. T., AGED ABOUT 64 YEARS, NO. 178/A, 11TH MAIN ROAD, MANJUNATHANAGAR, NEAR RASANA SCHOOL, BANGALORE-560 010.

12. SUMATHI, W/O. PARMASHIVAM, AGED ABOUT 61 YEARS, NO. 12, 2ND MAIN, 2ND CROSS, EAST OF KATHRIGUPPE, B.S.K. 3RD STAGE, BANGALORE-560 085.

13. RAJESHWARIKUMAR, C/O. PETTAPPAN, AGED ABOUT 62 YEARS, NO. 60, MALLIKARJANA NILAYA, 10TH CROSS, KAILASAM ROAD, BENDRENAGAR, B.S.K. 2ND STAGE, BANGALORE-560 070.

14. T. K. PUSHPA, W/O. KUSHALAPPA, AGED ABOUT 70 YEARS, SY. NO. 38 AND 39, GIDDAKONENAHLALI, YASHAVANTHAPURA HOBLI, BANGALORE NORTH, BANGALORE-560 072.

15. JAYALAKSHMI, W/O. BILIYA, AGED ABOUT 74 YEARS,

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SY. NO. 38 AND 39, GIDDAKONENAHLALI, BANGALORE NORTH, BANGALORE-560 072.

16. LAKKAMMAA, W/O. NARASIMHAYYA, AGED ABOUT 68 YEARS, SY. NO. 38 AND 39, GIDDAKONENAHLALI, BANGALORE NORTH, BANGALORE-560 072.

17. B. SARASWATHI, W/O. JAYARAMAYYA, AGED ABOUT 72 YEARS, SY. NO. 38 AND 39, GIDDAKONENAHLALI, BANGALORE NORTH, BANGALORE-560 072,

18. HASATHIMAL, S/O. DILCHAND, AGED ABOUT 76 YEARS, NO.5, V.V. VANI ROAD, OPP. JAIN TEMPLE, FRAZER TOWN, BANGALORE-560 005.

19. S. ALAGESAN, S/O. SRINIVAS MUDALIAR D, AGED ABOUT 65 YEARS, NO. 102, BALA SRINIVAS, 1ST CROSS, LAKSHMI TENT ROAD, RAMAMURTHINAGAR, BANGALORE-560 016.

20. CHANDRA BAI, W/O. HASATHIMAL, AGED ABOUT 73 YEARS, NO.5, V.V. VANI ROAD, OPP. JAIN TEMPLE,

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FRAZER TOWN, BANGALORE-560 005.

21. THILAKAVATHI, W/O. T. NEELAKANTAN, AGED ABOUT 75 YEARS, NO. 46, 3RD CROSS, MEERA CHAND LAYOUT, COX TOWN, JEEVANAHALLI, BANGALORE-560 005.

22. M. VAJRAVATHI MARTHA, W/O. M. K. THIRUPAL, AGED ABOUT 66 YEARS, NO.2C, NANJUNDAPPA GARDEN, PARK ROAD DOWN, COX TOWN, JEEVANAHALLI, BANGALORE-560 005.

23. G. ARUMUGAM, S/O. GANGADHARAN, AGED ABOUT 71 YEARS, 333/7, VENKATASWAMY LAYOUT, NEAR KARUMARI TEMPLE, SUBBANAPALYA, MARUTHISEVANAGAR, BANGALORE-560 033.

24. A. BHASKARAN, S/O. AYYANAR, AGED ABOUT 67 YEARS, NO. 122/64, 4TH CROSS, KADIRAPPA ROAD, DODDIGUNTA, COX TOWN, BANGALORE-560 005.

25. D. PREMA, W/O. DHANASEELAN, AGED ABOUT 65 YEARS, NO. 64, 14TH CROSS, KADIRAPPA ROAD,DODDAKUNTA, BANGALORE-560 005.

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26. T. NEELAKANTAN, S/O. THANDAVARAYAN, AGED ABOUT 84 YEARS, NO. 46, 3RD CROSS, HEERACHAND LAYOUT, COX TOWN, JEEVANAHALLI, BANGALORE-560 005.

27. DHAMODHARAN NAIDU, S/O. KARIYAPPA NAIDU, AGED ABOUT 64 YEARS, NO. 1, NEETU NILAYAM, 3RD FLOOR, 8TH CROSS,12TH MAIN, BHUVANESHWARINAGAR, B.S.K. 3RD STAGE, BANGALORE-560 085.

28. KRISHNAMANAIDU, S/O. HANUMANTHANAIDU, AGED ABOUT 67 YEARS, SY. NO. 38 AND 39, GIDADAKONENAHALLI, YASHAVANTHAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 072.

29. SULCHANA, AGED ABOUT 64 YEARS, SY. NO. 38 AND 39, GIDADAKONENAHALLI, BANGALORE NORTH, BANGALORE-560 072.

...PETITIONERS (BY SRI. MOHANA KUMARA K. T.,ADVOCATE) AND:

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

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2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE), BENGALURU DISTRICT, BENGALURU-560 009.

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

4. THE DEPUTY COMMISSIONER, BENGALURU URBAN, BENGALURU-560 009.

5. THE RAJIV GANDHI HOUSING CORPORATION LTD., 9TH FLOOR, KHB COMPLEX, CAUVERY BHAVAN, K.G. ROAD, REP. BY ITS MANAGING DIRECTOR ...RESPONDENTS (BY SRI. B.V. KRISHNA, AGA FOR R-1 TO R-4;

SMT. SHILPA RANI FOR R-5)

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 WA NO. 1023/2008 (LA-BDA) DATED 26.03.2021 ANNEXURE-B 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 PATHRAS AT ANNEXURE-A, A1 TO A28 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.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The subject matter of this writ petition is

substantially covered by two judgments of this Court viz.,

W.P.No.19787/2021 between sri H.M.Jayakumar & others

vs. State of Karnataka & others disposed off on

10.11.2021 and W.P.No.23699/2021 between Sri

Parthasarathy & others vs. State of Karnataka & others

disposed off on 23.12.2021. In both the cases, relief has

been accorded to the litigants.

2. Learned counsel for the petitioner drawing attention

of this court to the decision in H.M.JAYAKUMAR supra

submits that his clients are similarly circumstanced and

therefore the direction given in the said cases has to be

duplicated in this case as well.

3. Learned AGA appearing for the respondents

initially opposed the petition contending that these are the

cases involving disputed facts and therefore, invocation of

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writ jurisdiction is not desirable. Having so contended,

now he agrees to instruct the respondent-Deputy

Commissioner to look into the grievance of petitioner

keeping in view the observations of this court in the two

cases cited above.

4. This Court is of the considered opinion that in view

of the fair stand taken by the learned AGA, much

deliberation in the matter is not needed. The Deputy

Commissioner shall hold an enquiry and prepare the list of

eligible candidates and share the same with the

respondent-Rajiv Gandhi Housing Corporation Ltd., so that

the allotment of sites to the deserving candidates would

happen in a speedier way.

Ordered accordingly & Writ Petition is disposed off.

All contentions are kept open.

It is open to the answering respondents to solicit any

information/documents from the side of petitioners for

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accomplishing the said task. However, it is made clear that

in this guise, no delay shall be brooked.

Costs made easy.

Sd/-

JUDGE

SNB