Karnataka High Court
Smt. Lakshmamma vs The State Of Karnataka on 8 September, 2023
Bench: R Devdas
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NC: 2023:KHC:32492
WP No. 14607 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 14607 OF 2023 (GM-RES)
BETWEEN:
1. SMT. LAKSHMAMMA
W/O RANGAPPA
AGED ABOUT 65 YEARS
#175, CHANNENAHALLI
KADABAGERE
BANGALORE SOUTH.
2. SMT. RATHNAMMA
W/O NAGARAJAPPA
AGED ABOUT 67 YEARS
#28, WARD NO.22
NARAYANAPURA ANEKAL
BANGALORE.
3. SUNDAR. T
S/O GOPAL
AGED ABOUT 67 YEARS
R/AT GIDADDAKONANAHALLI
Digitally signed by BANGALORE SOUTH
DHARMALINGAM
Location: HIGH
BANGALORE.
COURT OF
KARNATAKA 4. SRI VENKATARAMAIAH
S/O MUDDAIAH
AGED ABOUT 70 YEARS
#1274, 3RD CROSS
BHARATHINAGAR 2ND STAGE
BANGALORE - 560091.
5. SMT. CHANNAMMA
W/O LATE CHOWDEGOWDA
AGED ABOUT 73 YEARS
RESIDING AT BASAVANAPURA
GOTTIGERE POST
BANGALORE-560083.
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WP No. 14607 of 2023
6. SMT. PUNYAVATHI. R
D/O LATE RAMACHANDRAIAH
AGED ABOUT 45 YEARS
RESIDING AT GIDADAKONANAHALLI VILLAGE
NEAR MUDDINAPALYA CIRCLE
BANGALORE-560091.
7. KAMALAMMA
D/O SUBANNA
AGED ABOUT 78 YEARS
KADAYARPANAHALLI
B.K. HALLI POST, JALAHALLI HOBLI
BANGALORE NORTH- 562 149.
8. SRIRAMA. M
S/O MARAPPA
AGED ABOUT 65 YEARS
#134, HOSKERHALLI MAIN ROAD
43B LAST STOP HOSKERHALLI
BANGALORE-560 085.
9. CHANDRAPPA
S/O MALLAPPA
AGED ABOUT 80 YEARS
#804, OKKALIGARA BEEDI
BASAVANAKATTE
ATTIBELE ANEKAL
BANGALORE- 562 106.
10. KRISHNAPPA
S/O MUNIYAPPA
AGED ABOUT 76 YEARS
#330, KOTHNOOR DINNE
J.P. NAGAR, 8TH PHASE
BANGALORE- 560 073.
11. NARAYANAMMA
W/O ANNEPPA
AGED ABOUT 70 YEARS
#40, INDALWADI POST
ADUR, ANEKAL
BANGALORE-562 106.
12. DUNDAVVA MADIWALAPPAGOL
W/O RAYAPPA
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WP No. 14607 of 2023
AGED ABOUT 60 YEARS
R/AT GIDADDAKONANAHALLI
BANGALORE SOUTH
BANGALORE.
13. H.M. MAHABALPOOJARI
S/O MUDURAPOOJARI
AGED ABOUT 71 YEARS
NO.81/B, 8TH CROSS
PANCHAJANYA VIDYAPEETA
1ST 'N' BLOCK, RAJAJINAGAR
BANGALORE NORTH
BANGALORE-560 010.
14. YELLAPPAGOWDA
S/O GURANAGOWDA PATIL
AGED ABOUT 65 YEARS
GIDADDAKONANAHALLI
BANGALORE SOUTH
BANGALORE.
15. P.S. SUDHAKAR
S/O SEENAPPA SHETTY
AGED ABOUT 70 YEARS
GIDADDAKONANAHALLI
BANGALORE SOUTH
BANGALORE.
16. KAMBEGOWDA
C/O GANGAPPA
AGED ABOUT 73 YEARS
GIDADDAKONANAHALLI
BANGALORE SOUTH
BANGALORE.
17. K. THIMAIAH
C/O KADEGOWDANA THIMMEGOWDA
AGED ABOUT 70 YEARS
GIDADDAKONANAHALLI
BANGALORE SOUTH
BANGALORE.
...PETITIONERS
(BY SRI. VENKATA REDDY C.M., ADVOCATE)
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WP No. 14607 of 2023
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
REVENUE DEPARTMENT
VIDHANASOUDHA
BENGALURU - 560 001.
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.
...RESPONDENTS
(BY SRI. RAJENDRA K.R., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
DIRECT TO THE RESPONDENTS CONCERNED HEREIN, AS MADE
IN WRIT APPEAL NO.997/2008 C/W W.A.NO.1022/2008 (LA -
B.D.A) AND W.A.NO. 1023/2008 (LA-B.D.A) DATED
26/03/2021 AT ANNEXURE-B AND 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 ANNEXURES-A, A1 TO A16 DATED
13/05/1972 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 PETITIONERS TO
SUBMIT THEIR CASE AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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WP No. 14607 of 2023
ORDER
R.DEVDAS J., (ORAL):
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
petitioners 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.
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WP No. 14607 of 2023
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."
3. 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.
4. Ordered accordingly and the writ petition stands
disposed off, costs having been made easy.
Sd/-
JUDGE
DL
CT: VR
