: 1 :

IN THE HIGH COURT OF , DHARWAD BENCH

DATED THIS THE 14 th DAY OF JANUARY 2015

PRESENT

THE HON’BLE MR.JUSTICE A.S.BOPANNA AND THE HON’BLE MR.JUSTICE PRADEEP D.WAINGANKAR

WRIT APPEAL NO.100824/2014

AND WRIT APPEAL NOS.100843-100850/2014 C/W WRIT APPEAL NOS.100926 TO 100935/2014 (GM-RES)

IN WA NOS.100824/2014 & 100843-850/14 BETWEEN

KARNATAKA HOUSING BOARD 7TH FLOOR CAUVERY BHAVAN MYSORE BANK CIRCLE , BY ITS COMMISSIONER R/BY ASSISTANT EXECUTIVE ENGINEER, KHB ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE,)

AND

1. SUDHA R NAIK AGE: 57 YEARS, W/O. MADHAV N. NAIK R/O LIG B-9, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR : 2 :

2. NARAYAN N HEBBAR AGE: 53 YEARS, S/O. NAGAPPAIAH HEBBAR R/O LIG B-14, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

3. KRISHNA S GONDA AGE: 44 YEARS, S/O. SOMAIAH GONDA R/O LIG B-45/B-2, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

4. DILEEP S MANDLEKAR AGE: 43 YEARS, S/O. SADASHIV MANDLEKAR R/O LIG I,G-8,C-1, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

5. PRAMOD A NAIK, AGE: 45 YEARS, S/O. EKNATH NAIK R/O LIG B-8, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

6. KALPANA B SHETTY AGE: 52 YEARS, W/O. BHASKAR SHETTY R/O LIG B-12, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

7. PARASAPPA K NAYAK AGE: 43 YEARS, S/O. KOMANNA Y NAYAK LIG B-11, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

8. LATA GANDHI AGE: 56 YEARS, : 3 :

W/O. RAJENDRA SHETTY LIG B-10, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR

9. COSTA D J FERNANDES AGE: 44 YEARS, S/O. JUE FERNANDES R/O LIG B-15, KHB COLONY, NEAR KSRTC DEPOT, HABBUWADA, KARWAR ... RESPONDENTS (By Sri. P V GUNJAL, ADVOCATE)

THESE WRIT APPEALS ARE FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 21.08.2013 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.80083-80087/2013 AND 80896-80899/2013 BY ALLOWING THIS WRIT APPEAL.

IN WA NO 100926 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD REPRESENTED BY ITS COMMISSIONER, BHAVAN, BANGALORE. ...APPELLANT (By SMT SHARMILA M PATIL, ADVOCATE,)

AND

1. PRAKASH S/O DURGAYYA MESTA, AGE:55 YEARS, OCC:SERVING IN ZILLA PANCHAYAT OFFICE, KARWAR,R/O: C-5, KB COLONY, HABBUWADA, KARWAR, U.K.DIST. : 4 :

2. RAGHUVEER S/O PUNDALIK NAIK, AGE:52 YEARS, OCC:SERVING IN OFFICE OF THE SUPERINTENDENT OF POLICE,R/O: C-4, KHB COLONY, HABBUWADA, KARWAR, DIST: U.K.

3. VIMLA W/O BEERA HARTEKAR, AGE:55 YEARS, OCC:SERVING IN ZILLA PANCHAYAT OFFICE, KARWAR R/O:C-9, KHB COLONY, HABBUWADA, KARWAR, DIST: U.K.

4. GEETA W/O GANAPATI BHAT, AGE:56 YEARS, OCC:SERVING IN ZILLA PANCHAYAT OFFICE, KARWAR R/O:C-8, KHB COLONY, HABBUWADA, KARWAR, DIST: U.K.

5. STATE OF KARNATAKA BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, PORT & INLAND WATER TRANSPORT DEPT (BUILDING), VIKAS SOUDHA, BANGALORE.

6. CHIEF MANAGER, COMMUNICATION & BUILDINGS, (NORTH), PUBLIC WORKS DEPT., DHARWAD. ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 23.09.2013 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.81145-81148/2013 BY ALLOWING THIS WRIT APPEAL.

IN WA NO 100927 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD 7TH FLOOR, CAVERY BHAVAN, : 5 :

MYSORE BANK CIRCLE, BANGALORE-09 BY ITS COMMISSIONER ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

BHARAT BOMMA GOUDA S/O BOMMA GOUDA, AGE: 61 YEARS, R/O. LIG NO.37, KHB COLONY, HABBUWADA, KARWAR, DIST: UTTAR ... RESPONDENT

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 30.06.2014 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.104360/2014 BY ALLOWING THIS WRIT APPEAL.

IN WA NO 100928 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD CAUVERY BHAVAN, MYSORE BANK CIRCLE, BANGALORE-560009 RPTD. BY ITS SECRETARY ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

1. MALA YESU CHANDAVARKAR AGE: 49 YEARS, OCC: SERVICE R/O. H.NO. B-4, KHB COLONY OPP: KSRTC DEPOT, HABBUWAD ‘ : 6 :

TQ: KARWAR, DIST: UTTAR KANNADA

2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001

3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, KARWAR SUB DIVISION, KARWAR UTTAR KANNADA ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 27.08.2013 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.79192/2013 BY ALLOWING THIS WRIT APPEAL.

IN WA NO 100929 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, MYSORE BANK CIRLCE, BANGALORE-560009 RPTD.BY ITS SECRETARY ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

1. SUJATHA GOPAL BANT AGE: 50 YEARS, OCC: SERVICE R/O. H.NO. B-5, KHB COLONY, OPP: KSRTC DEPOT, HABBUWAD TQ: KARWAR, DIST: UTTAR KANNADA

2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT, : 7 :

VIKASA SOUDHA, BANGALORE-560001

3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, KARWAR SUB DIVISION, KARWAR, DIST: UTTAR KARNATAKA ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 27.08.2013 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.79193/2013 BY ALLOWING THIS WRIT APPEAL.

IN WA NO 100930 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD, 7TH FLOOR, CAVERY BHAVAN, MYSORE BANK CIRCLE, BANGALORE , BY ITS COMMISSIONER. ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

SHRIDHAR MANJAYYA GUNAGA S/O MANJAYYA GUNAGA, AGE: 61 YEARS, R/O: LIG NO. 34, KHB COLONY, HABBUWADA, KARWAR. DIST: UTTAR KANNADA. ... RESPONDENT

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 30.06.2014 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.104359/2014 BY ALLOWING THIS WRIT APPEAL. : 8 :

IN WA NO 100931 OF 2014 BETWEEN

1. KARNATAKA HOUSING BOARD, REPRESENTED BY ITS COMMISSIONER, KAVERI BHAVAN, BANGALORE.

2. THE ASSISTANT EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, HABBUWADA, KARWAR. ...APPELLANTS (BySmt : SHARMILA M PATIL, ADVOCATE)

AND

1. RATISH S/O RAMACHANDRA ANVEKAR, AGE: 57 YEARS, R/O: DISTRICT GOVERNMENT PLEADER, R/O: HOUSE NO. LIG NO. 7, OLD KHB COLONY, HABBUWADA, TQ: KARWAR, DIST: UTTAR KANNADA.

2. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D & I.W.T, SUB-DIVISION, KARWAR, DIST: UTTAR KANNADA. ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 02.07.2014 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.106192/2014 BY ALLOWING THIS WRIT APPEAL. : 9 :

IN WA NO 100932 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD RPTD.BY ITS COMMISSIONER, KAVERI BHAVAN, BANGALORE ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

1. SUNANDA D/O NARAYANA PATAGAR AGE: 49 YEARS, OCC: SUPRINTENDENT AT GOVT, COLLEGE, MANKI, , R/O. , KUMTA, DIST: UTTAR KANNADA

2. THE GOVT.OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS PORTS AND INLAND WATERWAYS (BUILDING), VIDHANA SOUDHA, BANGALORE-560001

3. THE EXECUTIVE ENGINEER, P.W.D. KARWAR DIVISON, KARWAR, DIST: UTTAR KANNADA ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA

HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER

DATED 20.12.2013 PASSED BY THE LEARNED SINGLE JUDGE IN

WRIT PETITION NO.85792/2013 BY ALLOWING THIS WRIT

APPEAL. : 10 :

IN WA NO 100933 OF 2014 BETWEEN

KARNATAKA HOUSING BOARD 7TH FLOOR, CAVERY BHAVAN, MYSORE BANK CIRCLE, BANGALORE BY ITS COMMISSIONER ...APPELLANT (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

SHRIPAD S/O. TIMMANNA HEGDE, AGE:62 YEARS, R/O: LIG NO. 35, KHB COLONY, HABBUWADA, KARWAR, DIST: UTTAR KANNADA. ... RESPONDENT

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 30.06.2014 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.104358/2014 BY ALLOWING THIS WRIT APPEAL.

IN WA NO 100934 OF 2014 BETWEEN

1. KARNATAKA HOUSING BOARD BY ITS COMMISSIONER KAVERI BHAVAN, BANGALORE

2. THE RPTD.BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS PORTS AND INLAND WATER TRANSPORTAION (BUILDING) VIDHANA SOUDHA, BANGALORE-01 : 11 :

3. THE SECRETARY, HOUSING AND URBAN DEVELOPMENT, GOVT.OF KARNATAKA, VIDHANA SOUDHA, BANGALORE

4. THE SECRETARY, DEPARTMENT OF PWD, VIKAS SOUDHA, BANGALORE

5. THE KARNATAKA HOUSING BOARD R/BY ITS COMMISSIONER , KAVERI BHAVAN, BANGALORE-09

6. THE EXECUTIVE ENGINEER, PWD KARWAR DIVISION, DIST: KARWAR ...APPELLANTS (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

1. SUJATHA GOPAL BANT AGE: 50 YEARS, OCC: SERVICE, R/O. HOUSE NO.B-5, KHB COLONY, OPP: KSRTC DEPOT, HABBUWAD, TQ: KARWAR, DIST: UTTAR KANNADA

2. GANESH GANAPAYYA PATAGAR AGE: 45 YEARS, OCC: MANAGER IN TALUKA PANCHAYAT KUMATA, R/O. LIG 10 KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

3. DINAKAR DASU NAIK AGE: 51 YEARS, OCC: CONDUCTOR, KSRTC DEPT. KUMTA, R/O. LIG-11, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR : 12 :

4. SURESH ISHWAR NAIK AGE: 58 YEARS, OCC: SUPERINTEND DIET, KUMTA, R/O. LIG-12, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

5. ABDULRAZAQ ALI SHAIKH AGE: 59 YEARS, OCC: PEON IN A.C. OFFICE, KUMTA R/O. LIG-13, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

6. DHARAMA RAMA NAIK AGE: 48 YEARS, OCC: HEAD MASTER, HPS, KYADGI, SIDDAPUR, R/O. LIG-14, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

7. SUKRI KUPPU MUKRI AGE: 62 YEARS, OCC: RETD. TEACHER R/O. LIG-14A, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

8. SUMANA VENKATRAMAN NAYAK AGE: 59 YEARS, OCC: SUPERINTEND ICDS KARWAR R/O. LIG-16, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

9. GEETA ISHWAR NAIK AGE: 44 YEARS, OCC: TEACHER R/O. LIG-17, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR : 13 :

10. RAMACHANDRA GANAPATI BHAT AGE: 54 YEARS, OCC: ASST. EXECUTIVE ENGINEER, R/O. LIG-18, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

11. VENKATESH HAMMU GOUDA AGE: 59 YEARS, OCC:HEAD MASTER HPS YALAVALLI, R/O. LIG 19, KHB COLONY VIVEK NAGAR, KUMTA TQ:KUMTA, DIST: KARWAR

12. SUREKHA SHAMBHA SHETTI AGE: 48 YEARS, OCC: ASST. MASTER, HPS MIRJAN R/O. LIG 20, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

13. BEERAPPA SHIVU GOUDA AGE: 56 YEARS, OCC: LECTURER DIAT, KUMTA, R/O. LIG 21, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

14. SHALINI MANGESH ACHARI AGE: 62 YEARS, OCC: RETD. TEACHER R/O. LIG 23, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

15. HEERA GANAPATI NAIK AGE: 50 YEARS, OCC: ASST. TEACHER R/O. LIG 24, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

16. LAXMI NARAYAN NAYAK AGE: 45 YEARS, : 14 :

OCC: ASST. TEACHER R/O. LIG 25, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR

17. SHASHIKALA VENKATRAMAN NAYAK AGE: 56 YEARS, OCC: ASST. GOVT. HIGH SCHOOL, NELIKERI, R/O. LIG 26, KHB COLONY, VIVEK NAGAR KUMTA, TQ: KUMTA, DIST: KARWAR ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 23.08.2013, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.79837/2013 AND 80507-80522 OF 2013 (GM-RES) BY ALLOWING THIS WRIT APEPAL.

IN WA NO 100935 OF 2014 BETWEEN

1. KARNATAKA HOUSING BOARD RPTD.BY ITS COMMISSIONER, KAVERI BHAVAN, BANGALORE

2. THE ASSISTANT EXCUTIVE ENGINEER KARNATAKA HOUSING BOARD , HABBUWADA, KARWAR ...APPELLANTS (By Smt : SHARMILA M PATIL, ADVOCATE)

AND

1. PUTTA HUCHA NAIK AGE: 74 YEARS, OCC: SERVICE, R/O. HABBUWADA, TQ: KARWAR, DIST: UTTAR KANNADA : 15 :

2. THE ASSISTANT EXECUTIVE ENGINEER P.W.D. SUB-DIVISION, KARWAR, DIST: UTTAR KANNADA ... RESPONDENTS

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA

HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER

DATED 17.12.2013 PASSED BY THE LEARNED SINGLE JUDGE IN

WRIT PETITION NO.85542/2013 BY ALLOWING THIS WRIT

APPEAL.

THESE APPEALS ARE COMING ON FOR PRELIMINARY

HEARING THIS DAY, A.S.BOPANNA J., DELIVERED THE

FOLLOWING:

JUDGMENT

Since in W.A.No.100824/2014, the consideration to be made would apply to the connected writ appeals wherein similar orders have been passed by the learned

Single Judge, all the appeals are taken up for consideration notwithstanding the fact that the office objections are yet to be complied in the connected appeals. : 16 :

2. Heard the learned counsel for the parties and perused the appeal papers.

3. Though the learned counsel for the appellant seeks to contend that the respondents are not entitled to the relief as has been sought for by them in the representation, we are of the opinion that such contention is premature at this stage to be considered in the instant appeals. We are of the said opinion for the reason that the learned Single Judge while disposing of the writ petitions has not adjudicated the rights of the parties. In a circumstance where the petitioners were before the learned Single Judge seeking consideration of their representations by contending that their right is similar to that of the persons whose names are indicated in the said order, the learned Single Judge has merely directed the respondents to consider the petitioners’ representations in accordance with law. : 17 :

4. In that view, all that the learned Single Judge has directed, is that the appellant herein discharge their obligation of considering representations in accordance with law by taking note of the parity claimed. Therefore, while considering the representations, the appellant would have the liberty of keeping in view all aspects of the matter including to consider whether they are similarly placed or not and thereafter take a decision on the representation in accordance with law and convey the same to the respondents herein namely, the petitioners before the learned Single Judge.

5. In that view, allowing the appellant to consider and dispose of the representations, we dispose of these appeals as no question for consideration would arise in these appeals at this stage from the innocuous order passed by the learned Single Judge.

Accordingly, all the appeals stand disposed of. : 18 :

In view of the disposal of W.A.No.100824/2014, the applications in I.As.1, 3 and 4 do not arise for consideration. They are accordingly disposed of.

SD/- JUDGE

SD/- JUDGE kmv