Karnataka High Court
The Chief Engineer vs Smt Raziya W/O Late Noorahammad Bepari on 6 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
WA No.100507 of 2023
AND 23 CONNECTED
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO.100507 OF 2023 (LB-RES) C/W
WRIT APPEAL NO.100264 OF 2023(GM-RES),
WRIT APPEAL NO.100479 OF 2023(GM-RES),
WRIT APPEAL NO.100493 OF 2023(GM-RES),
WRIT APPEAL NO.100505 OF 2023(GM-RES),
WRIT APPEAL NO.100506 OF 2023(GM-RES),
WRIT APPEAL NO.100508 OF 2023(GM-RES),
WRIT APPEAL NO.100514 OF 2023(GM-RES),
WRIT APPEAL NO.100515 OF 2023(GM-RES),
WRIT APPEAL NO.100516 OF 2023(GM-RES),
WRIT APPEAL NO.100541 OF 2023(LB-RES),
WRIT APPEAL NO.100542 OF 2023(GM-RES),
WRIT APPEAL NO.100543 OF 2023(GM-RES),
WRIT APPEAL NO.100544 OF 2023(GM-RES),
WRIT APPEAL NO.100545 OF 2023(GM-RES),
WRIT APPEAL NO.100546 OF 2023(GM-RES),
WRIT APPEAL NO.100593 OF 2023(GM-RES),
WRIT APPEAL NO.100594 OF 2023(GM-RES),
WRIT APPEAL NO.100595 OF 2023(GM-RES),
WRIT APPEAL NO.100596 OF 2023(LB-RES),
WRIT APPEAL NO.100597 OF 2023(GM-RES),
WRIT APPEAL NO.100598 OF 2023(GM-RES),
Digitally WRIT APPEAL NO.100599 OF 2023(GM-RES),
signed by
JAGADISH T R WRIT APPEAL NO.100600 OF 2023(GM-RES)
Location:
High Court of IN WRIT APPEAL NO.100507 OF 2023:
Karnataka
Dharwad BETWEEN:
Bench
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
-2-
WA No.100507 of 2023
AND 23 CONNECTED
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
JUBEDA D/O RAJESAB PINJAR @ MANNIKERI
AGE. 52 YEARS, OCC. BUSINESS,
R/O. C/O. KADIRSAB RAJESAB NADAF,
WARD NO.6, BEHIND BASAVA BANK, NADAF GALLI,
HALEPETH, BAGALKOT, DIST. BAGALKOT 587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.104162/2022 (GM-RES).
IN WRIT APPEAL NO.100264 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
1. MOHIUDDIN S/O FAKRUDDIN DHALAYAT,
AGE. YEARS, OCC. BUSINESS,
R/O. WARD NO.3 CTS NO.407-A,
NAVANGAR BAGALKOT, DIST BAGALKOT 587101.
2. THE STATE OF KARNATAKA
R/BY. THE PRINCIPAL SECRETARY,
URBAN DEVELOPMENT DEPARTMENT (REHABILITATION),
M.S. BUILDING, BENGALURU-560001.
...RESPONDENTS
(BY SRI. T.M. NADAF, ADVOCATE FOR R1,
SRI. V.S. KALASURMATH, HCGP FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
-3-
WA No.100507 of 2023
AND 23 CONNECTED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.105109/2022 (GM-RES).
IN WRIT APPEAL NO.100479 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SRI. PRABHAKAR S/O KRISHNA REVANKAR
AGE. 74 YEARS, OCC. BUSINESS,
R/O.CTS NO.128/9A, WARD NO.10,
NEAR VIVEKANAND SCHOOL,
BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 17.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.101095/2023 (GM-RES).
IN WRIT APPEAL NO.100493 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
-4-
WA No.100507 of 2023
AND 23 CONNECTED
AND:
SRI. ZAKIR HUSAIN KALBURGI,
AGE. 49 YEARS, OCC. BUSINESS,
C/O. D.I. MOMIN, R/O. NEAR URDU SCHOOL NO.8,
BEHIND MEHTER MEHAL, J.M. ROAD,
VIJAYAPURA, DIST. VIJAYAPURA-586101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.105185/2022 (GM-RES).
IN WRIT APPEAL NO.100505 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
MEHABOOBSAB KAMAAL SAB DALAITH
AGE. 49 YEARS, OCC. DRIVER,
R/O. WARD NO.3, CTS NO.295/A/2,
HALPET, DIST. BAGALKOT 587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 17.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.101076/2023 (GM-RES).
IN WRIT APPEAL NO.100506 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
-5-
WA No.100507 of 2023
AND 23 CONNECTED
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
HUCHHAPPA VEERAPPA VAIJAPUR,
AGE. 51 YEARS, OCC. AGRI,
R/O. SECTOR NO.18, PLOT NO.D-07,
TQ. BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 15.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100928/2023 (GM-RES).
IN WRIT APPEAL NO.100508 OF 2023:
BETWEEN:
1. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
1. SHRI SHRIKANT TRIVIKRAMACHARYA NAGARAL
S/O TRIVIKRAMACHARYA LAXMINARAYANACHARYA ALUR
AGE. 76 YEARS, OCC. PENSIONER,
C/O. SHRI S.N. PARANDE,
PARANDE COMPOUND, KABBUR ROAD, MALAMADDI,
DHARWAD, DIST. DHARWAD-580001.
2. THE PRINCIPAL SECRETARY
-6-
WA No.100507 of 2023
AND 23 CONNECTED
DEPARTMENT OF HOUSING AND DEVELOPMENT,
GOVERNMENT OF KARNATAKA SECRETARIAT,
II FLOOR, VIKASA SOUDHA, BENGALURU-560001.
...RESPONDENTS
(BY SRI. S.N. GOODWALA, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 11.04.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100459/2023 (GM-RES).
IN WRIT APPEAL NO.100514 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587103.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587103.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SRI. HANUMANTHAPPA S/O TIPPANNA KALPAVRUKSHA
REPRESENTED BY HIS GPA HOLDER
KARIMUDDIN IBRAHIMSAB CONTRACTOR,
AGE. 63 YEARS, OCC. BUSINESS,
R/O. SECTOR NO.33, PLOT NO.101-C,
NAVANAGAR, DIST. BAGALKOT 587103.
...RESPONDENT
(BY SRI. Y.R. JOGI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 17.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.101083/2023 (GM-RES).
IN WRIT APPEAL NO.100515 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587103.
-7-
WA No.100507 of 2023
AND 23 CONNECTED
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587103.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SANJAY S/O VENKATESH KATARKI
AGE. 59 YEARS, OCC. PRIVATE JOB,
R/O. SECTOR NO.21, PLOT NO.21-B,
NAVANAGAR, BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 09.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100774/2023 (GM-RES).
IN WRIT APPEAL NO.100516 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SAIYYED RIYAZ AHMED S/O RIYAZ AHMED
AGE. 43 YEARS, OCC. BUSINESS,
R/O. NARA GALLI, JADEGER ONI, HALEPET,
WARD NO.3, BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
-8-
WA No.100507 of 2023
AND 23 CONNECTED
ORDER DATED 30.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100550/2023 (GM-RES).
IN WRIT APPEAL NO.100541 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
KARIMUDDIN I. CONTRACTOR,
AGE. 65 YEARS, OCC. NIL,
R/O. SECTOR NO.38, NEAR BSNL TOWER,
NAVANAGAR, BAGALKOT, DIST. BAGALKOT 587101.
GPA HOLDER OF LRs OF PARUNARAHID @ HARUNRASHID
CONTRACTOR SINCE DECEASED.
...RESPONDENT
(BY SRI. Y.R. JOGI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 15.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100979/2023 (GM-RES).
IN WRIT APPEAL NO.100542 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
-9-
WA No.100507 of 2023
AND 23 CONNECTED
CHANDASAB S/O DAVALSAB KAMATGI
AGE. 65 YEARS, OCC. RETIRED,
R/O. PLOT NO.22 B, SECTOR 99, NAVANAGAR,
BAGALKOT, TQ & DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. SHARAD MAGADUM, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 31.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100301 (GM-RES).
IN WRIT APPEAL NO.100543 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
KARIMUDDIN I. CONTRACTOR,
AGE. 63 YEARS, OCC. NIL,
R/O. SECTOR NO.33, PLOT NO.101-C, NAVANAGAR,
BAGALKOT, DIST. BAGALKOT 587101.
...RESPONDENT
(BY SRI. Y.R. JOGI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 15.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100950/2023 (GM-RES).
IN WRIT APPEAL NO.100544 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
- 10 -
WA No.100507 of 2023
AND 23 CONNECTED
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
GURUDEVI SIDDAPPA YELAMELI
AGE. 58 YEARS, OCC. HOUSEHOLD WORK,
R/O. H.NO.386/2, WARD NO.3, NEAR NARA HOUSE,
HALAPET BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 30.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100563/2023 (GM-RES).
IN WRIT APPEAL NO.100545 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
RAFEEQAHAMAD M. NABIWALE
AGE. 43 YEARS, OCC. BUSINESS,
R/O. MOBILE STORE SHOP, NO.UG-50, F-BLOCK,
MELLIGERI TOWER, STATION ROAD,
BAGALKOT, DIST. BAGALKOT 587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
- 11 -
WA No.100507 of 2023
AND 23 CONNECTED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.105186/2022 (GM-RES).
IN WRIT APPEAL NO.100546 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
BY ITS PRL. SECRETARY,
VIDHANA SOUDHA, BENGALURU-01.
2. SHIVAGANGAVVA W/O SHIVAPADAPPA BENNUR
AGE. 65 YEARS, OCC. HOUSEHOLD,
R/O. SECTOR NO.18, PLOT NO.7D, NAVANAGAR,
BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENTS
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.105111/2022 (GM-RES).
IN WRIT APPEAL NO.100593 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT
AUTHORITY, BAGALKOT,
DIST. BAGALKOT-587101.
- 12 -
WA No.100507 of 2023
AND 23 CONNECTED
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BY ITS PRL. SECRETARY,
VIDHANA SOUDHA, BENGALURU-01.
2. NOORAHMAD S/O. RAJESAB KERUR,
AGE. 61 YEARS, OCC. EX-SERVICEMAN,
R/O.C/O.S.R. KERUR, SECTOR NO.33, PLOT NO.248A,
NAVANGAR, BAGALKOT, DIST.BAGALKOT-587101.
...RESPONDENTS
(BY SRI. K.L. PATIL, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.105114/2022 (GM-RES).
IN WRIT APPEAL NO.100594 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT
AUTHORITY, BAGALKOT,
DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SHANTAVVA TIPPANNA KUMBAR
SINCE DECEASED BY HER LR,
- 13 -
WA No.100507 of 2023
AND 23 CONNECTED
MALAKAJAPPA TIPPANNA KUMBAR ALIAS BAVOOR
AGE. 47 YEARS, OCC. AGRICULTURE,
R/O. SANGAMESHWAR BADAVANE, GADDANAKERI,
TQ. BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 14.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100892/2023 (GM-RES).
IN WRIT APPEAL NO.100595 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SMT. RAZIYA W/O LATE NOORAHAMMAD BAPARI
AGE. 46 YEARS, OCC. HOUSEWIFE,
R/O SECTOR NO.2, PLOT NO.18, B CATEGORY,
NAVANAGAR, BAGALKOTE, DIST. BAGALKOT 587103.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO,
SET ASIDE THE IMPUGNED ORDER DATED 23.01.2023 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN
W.P.NO.105625/2022 (GM-RES).
IN WRIT APPEAL NO.100596 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
- 14 -
WA No.100507 of 2023
AND 23 CONNECTED
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SRI. NAGAPPA TIPPANNA BAVOOR @ KUMBAR
AGE. 58 YEARS, OCC. PETTY BUSINESS,
R/O NEAR KASTURI MATH, BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.105487/2022 (GM-RES).
IN WRIT APPEAL NO.100597 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
PARVEZ S/O RAJESA MAKANDAR
AGE. 62 YEARS, OCC. EX ARMY,
R/O SECTOR NO.2, PLOT NO.79-A,
NAVANAGAR, BAGALKOTE, DIST. BAGALKOTE-587103.
...RESPONDENT
(BY SRI. T.M. NADAF, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 31.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100566/2023 (GM-RES).
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WA No.100507 of 2023
AND 23 CONNECTED
IN WRIT APPEAL NO.100598 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
MD. SULEMAN
S/O. SAYYADBADASHA @ SAYED BASHA MAKANDAR
AGE. 61 YEARS, OCC. PETTY BUSINESS,
R/O. SECTOR NO.2, PLOT NO.21-D,
NAVANAGAR, BAGALKOT, DIST. BAGALKOT 587101.
...RESPONDENT
(BY SRI. Y.R. JOGI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 30.01.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100565/2023 (GM-RES).
IN WRIT APPEAL NO.100599 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
KARIMUDDIN I. CONTRACTOR,
AGE. 70 YEARS, OCC. NIL,
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WA No.100507 of 2023
AND 23 CONNECTED
R/O. SECTOR NO.38, NEAR BSNL TOWER,
NAVANAGAR, BAGALKOT, TQ & DIST. BAGALKOT 587101.
GPA HOLDER OF LRs OF PARUNARAHID ALIAS HARUNRASHID
CONTRACTOR SINCE DECEASED.
...RESPONDENT
(BY SRI. Y.R. JOGI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 15.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100981/2023 (GM-RES).
IN WRIT APPEAL NO.100600 OF 2023:
BETWEEN:
1. THE CHIEF ENGINEER,
THE BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
2. THE REHABILITATION OFFICER,
BAGALKOT TOWN DEVELOPMENT AUTHORITY,
BAGALKOT, DIST. BAGALKOT-587101.
...APPELLANTS
(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)
AND:
SIKANDAR S/O IBRAHIM SAHIB
CONTRACTOR,
SINCE DECEASED BY HIS LR,
JANMOHAMAD SIKANDAR SAHEB
CONTRACTOR,
AGE. 47 YEARS, OCC. BUSINESS,
R/O. SECTOR NO.49, PLOT NO.63-A,
NAVANAGAR, BAGALKOT, DIST. BAGALKOT-587101.
...RESPONDENT
(BY SRI. Y.R. JOGI, ADVOCATE)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED
ORDER DATED 15.02.2023 PASSED BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT IN W.P.NO.100949/2023 (GM-RES).
- 17 -
WA No.100507 of 2023
AND 23 CONNECTED
THESE APPEALS HAVING BEEN RESERVED FOR JUDGMENT ON
05.08.2024 COMING ON FOR PRONOUNCEMENT, THIS DAY,
KRISHNA S.DIXIT J., DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
All these appeals involving substantially similar
questions of facts & law seek to call in question a learned
Single Judge's order made in a batch of Writ Petitions. The
lead judgment is rendered in W.P.No.105109/2022 (GM-
RES) filed by the private respondent and disposed off on
23.01.2023. The said judgment, in its operative portion,
reads as under:
"iii) The respondents are directed to allot 'E'
category site in favour of the petitioner after
receiving the sital value from him as
expeditiously as possible and at any rate within a
period of three months from the date of receipt
of a copy of this order."
II. Facts in brief:
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AND 23 CONNECTED
(a) Bagalkot Town Development Authority is constituted
under the Karnataka Improvement Boards Act, 1976.
The Government has promulgated Bagalkot Town
Development Authority (Allotment of Sites) Rules,
1993, which provide for rehabilitation of displaced
families because of sub-merger/acquisition of their
lands for the formation of new town. Persons in
occupation of properties as owners, tenants and the
like are also within the focus of these Rules.
(b) According to the appellant, it is the policy of the State
that, in terms of 1993 Rules, the displaced
persons/families apart from being paid compensation,
are entitled to the grant of house sites on
compassionate ground; certain sites area allotted free
of cost whereas others are on concessional rates.
Learned counsel appearing for the Authority argues
that the allotment is independent of the extent of
lands lost in acquisition/sub-merger and that the
concept of distributive justice should animate
interpretation of these Rules. In other words, claim for
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AND 23 CONNECTED
multiple sites cannot be considered, the focal point of
Rules being the 'family'.
(c) The Authority by the endorsements that were
challenged in the writ petitions, had rejected the claim
of individuals/families for the grant of multiple sites,
notwithstanding that the claimants have lost in the
sub-merger/acquisition multiple properties. Learned
counsel appearing for the claimants, who are the
respondents herein, controverts the argument of
learned GA and makes submission in justification of
the impugned judgments. He seeks dismissal of all the
writ appeals as being devoid of merits.
III. Having heard the learned counsel for the parties
and having perused the appeal papers, we are inclined to
grant indulgence in the matter for the following reasons:
(1) It is not in dispute that, the private respondents
herein are the landlosers or the land displaced persons
and that they have been allotted sites on
compassionate grounds, in addition to the
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AND 23 CONNECTED
compensation in respect of the lands acquired or
properties submerged. The assertion of learned GA
that what has been given to these respondents is
more than what they have lost in acquisition/sub-
merger is not much disputed. Therefore, as a matter
of statutory policy, all these respondents have derived
reasonable benefit in the form of sites, is undeniable,
notwithstanding their claim for more.
(2) 1993 Rules having been promulgated under Section
69(1) of the 1976 Act, have statutory force. Rule 2 is
the dictionary clause of the Rules. Clause (g) defines
who the "displaced person" is and the respondents
answer this definition. Clause (h) defines 'Family' to
mean the spouses and their wholly dependent
children. Rule 3 creates five categories of sites viz., A,
B, C, D & E on the basis of their dimensions ranging
from 72 to 496 sq. mts.
(3) Rule 4 regulates allotment of sites. Sub-rule (1)
provides for allotment of one site ad measuring 72 sq.
mts. free of costs to each displaced family. If such a
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AND 23 CONNECTED
family requires a site of larger dimension on payment
of differential cost at the rates specified in sub-rule
(3). These rates are apparently concessional. In other
words, the market price of these sites shall be much
higher. The contention that every individual should be
granted multiple sites if he has lost multiple properties
militates against the policy content of these Rules.
What one cannot lose sight of is that, the allotment of
one site ad measuring 8 x 9 sq. mts. is free of cost
and it is in addition to the payment of compensation.
Higher dimension sites also avail on payment of
differential of the cost and even that cost is
concessional. Therefore, the plurality of properties lost
pales into insignificance.
(4) The scheme of these Rules leaves no manner of doubt
that the allotment is family-specific and not individual-
oriented, as rightly submitted by the learned GA
appearing for the appellant-Authority. In certain
circumstances, even the definition of 'family' is
expanded in the sense that even every male child of
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AND 23 CONNECTED
head of displaced family who was major on the date of
issuance of Preliminary Notification for acquisition of
land would be treated as a separate family for the
purpose of allotment of site under Rule 4 as stated in
the proviso to the Explanation to sub-Rule (2). The
argument that the individual should be the focal point
of allotment would defeat the policy of distributive
justice as enacted in Article 39(b) & (c) of the
Constitution of India which enshrines a Directive
Principle as rightly contended by learned AAG
appearing for the State.
(5) The vehement submission of learned counsel
Mr. Nadaf and others appearing for the respondents
that where multiple properties are submerged, the
allotment of free site of fixed dimension or
concessional site of higher dimension should be
correspondingly allotted, if accepted, may eventually
result into landloser getting more land than he lost.
This plainly runs counter to the policy of providing
house sites to the needy and not to the greedy.
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AND 23 CONNECTED
Learned AAG is right in contending that under Article
39(b) & (c) of the Directive Principles of State Policy,
the State has constitutional obligation to prevent
concentration of wealth. Any person who claims
additional site or benefit under the subject Rules has
to demonstrate his legal entitlement thereto and in the
absence of such demonstration, no relief can be
granted in writ jurisdiction, vide Khatoon Vs. State of
U.P.1
(6) The vehement submission of Mr. Nadaf that the first
proviso to sub-rule (2) of Rule 4 having been amended
two children regardless of their gender, of the head of
the displaced family, who had attained majority on the
date of Preliminary Notification have to be treated as
two separate entitlements, in addition to what has
been allotted to the displaced family is a matter which
should be looked into by the Authority after
ascertaining the factuals, on the basis of evidentiary
(2018) 14 SCC 346
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AND 23 CONNECTED
material. In that connection, contentions of the parties
are kept open for being reconsidered at the hands of
the Authority itself.
In the above circumstances, these appeals are allowed
and impugned judgments rendered in the subject writ
petitions are set aside. However, the claim for allotment in
terms of amended first Proviso to sub-rule (2) of Rule 4 has
to be adjudged by the Authority afresh after giving an
opportunity of hearing to all the stakeholders, within an
outer limit of six months. In that connection, all contentions
are kept open.
Costs made easy.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
KMS, CT:VP
