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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2018
BEFORE
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION NOs.49486-49560/2017(GM-RES)
BETWEEN:
1. Smt Hema Wife of Mahesh Aged about 48 years Residing at No.1456, 2 nd Cross Nazarabad, Mysore 570 019.
2. Sri Babu Son of M.Krishnamurthy Aged about 55 years Residing at No.1675, Bhogadi Raghavendra Nagar, Mysore-570 018.
3. Smt Gayithramma Wife of Srinivasamurthy.H.N Aged about 53 years Residing at Paparam Road Nazarabad, Mysore-570 019.
4. Smt Jaya Wife of Channamadu Aged about 50 years Residing at No.51, 1st Cross Road
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Vishwakarma Colony Gayathripuram, Mysore-570 019.
5. Smt Jareen Taj Wife of Noor Mohammed Khan Aged about 48 years Residing at No.3296 Mohammed Sait Block Lashkar Mohalla, Mysore-570 013.
6. Smt Mani Wife of Late Manjunatha Aged about 52 years Residing at No.96, 2 nd Phase 2nd Cross, Behind Church Gayathripuram, Mysore-570 018.
7. Smt Jayalakshmi Wife of Nanjunda Aged about 50 years Residing at No.10, A Block Jyothinagar, Mysore-570 018.
8. Smt Soubhagya M Wife of Madha Aged about 50 years Residing at No.1985, 1st Stage 8th Cross, Rajiv Nagar, Mysore-570 019.
9. Smt Ranishree M Wife of S.S.Shantharaju Aged about 55 years Residing at No.24, Kannappa Road, Udayagiri, Mysore-578 018.
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10. Sri Arun Kumar Son of Premakumar Aged about 55 years Residing at No.1613, 3 rd Stage Rajiv Nagar, Mysore-570 018.
11. Smt Shashikala Wife of Sunil Kumar M.C Aged about 48 years Residing at No.1/1, 6 th Cross Kyathemaranahalli Road Udayagiri, Mysore-570 019.
12. Smt Padmamma Wife of Subbe Gowda Aged about 52 years Residing at No.3273 123 rd Cross, Shivanna Circle Rajiv Nagara 1 st Stage Mysore-570 018.
13. Sri Mahesh L Son of Lokesh Aged about 50 years Residing at No.15, Ittige Gudu, Mysore-570 019.
14. Sri Srinivas Son of not known Aged about 52 years Residing at No.1375, Zoo Road Ittige Gudu, Mysore-570 018.
15. Smt P. Vijayakumari Wife of T.Jayaram
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Aged about 50 years Residign at No.1928 Holekoyyuva Beedi/Street Mandimohalla, Mysore-570 018.
16. Smt R Lalithamma Wife of Manohar Aged about 53 years Residing at No.26 H.I.J. 1 st Group, K.H.B. Colony Ootagali, Mysore-570 019.
17. Smt. T. Saraswathi Wife of C. Prakash Aged about 51 years Residing at No.1917 Holekoyyuva Street, Mandimohall Mysore 570 018.
18. Sri Nanjappa Son of Gurusidda Shetty Aged about 50 years Residing at No.1774/4, 2 nd Main Road Thilaknagar, Mysore 570 016.
19. Smt Prema Wife of B. Somashekar Aged about 55 years Residing at No.1980/1C, 1 st Wesley Road Mandimohalla, Mysore 570 018.
20. Sri Prakash Son of Halegowda Aged about 51 years
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Residing at No.590, Paparam Road Nazarabd, Mysore 570 019.
21. Sri Mohan B.N Son of Baburao. D Aged about 50 years Residing at No. 818 5th Cross Road, Ittigegudu Mysore 570 018.
22. Sri. T. Jayaram Son of Thirumallaiah Aged about 55 years Residing at No.3, 3 rd Main Road Bannimantapa Extension, Mysore 570 018.
23. Sri Rajanna Son of Ramaiah Aged about 55 years Residing at No.24, 3 rd Cross Nazarabad, Mysore 570 0196.
24. Sri. Veerabhadra N.P Son of Late Puttaiah Aged about 51 years Residing at No.13, 3rd Cross, 6th Main Nazarabad Mohalla, Mysore 570 019.
25. Sri Mahadeva Son of Siddamadegowda Aged about 55 years Residing at No 705, Paparam Road Nazarabad, Mysore – 570 019.
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26. Smt Deviramma Wife of Late Chikkaveeregowda Aged about 50 years Residing at No 705, 2nd Cross Near Chamundi Hill Road J C Nagar, Mysore – 570 021.
27. Smt Parvathi R Wife of Late S Rajashekhar Aged about 55 years Residing at No 624, 1st cross Paparam Road, Nazarabad Mysore – 570 019.
28. Smt Mamatha S P Wife of Puttegowda Aged about 50 years # 606, 2nd cross Papram Road, Nazarbad, Mysore – 570 019.
29. Smt Kaveri N Wife of Puttaiah Aged about 55 years Residing at No 966, S S Nagar Bannimantap B Layout Mysore – 570 019.
30. Smt Sundaramma Wife of Late Muttappa Aged about 51 years Residing at No 651, 3rd Cross 2nd Main, Nazarbad Mysore – 570 019.
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31. Sri Vinod C Son of Chandra R Aged about 53 years Residing at No 664 K C Layout, Chamundi Hills Road Mysore – 570 018.
32. Sri B Nagaraj Son of Boraiah Aged about 55 years Residing at No 25 Zoo Guard Road Ittge Gudu, Mysore – 570 017.
33. Smt Geetha M Wife of Late Srinivas Aged about 55 years Residing at No 2298, Basaveshwara Road 7th Cross, K R Mohalla Mysor e- 570 018.
34. Sri Bhaskar K Son of Kenchegowda Aged about 53 years Residing at No 669, 1st Main Bank Colony S S Nagar Bannimantapa B Layout Mysore – 570 018.
35. Smt Kamakshi D Wife of Krishnegowda Aged about 55 years Residing at No 724, 2nd Cross
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Paparam Road Nazarabad, Mysore – 570 019.
36. Sri Manjunath Son of Krishnegowda Aged about 52 years Residing at No 564, Paparam Road 2nd Cross, Nazarabad Mysore – 570 018.
37. Sri Krishnappa Son of late Devegowda Aged about 55 years Residing at No 725, K C Layout Chamundi Hills Road Mysore – 570 019.
38. Sri Ninganna Son of Boralingegowda Aged about 51 years Residing at No 560 Nazarabad 3rd Cross Mysore – 570 019.
39. Smt Manjula Wife of Nagaraj Aged about 55 years Residing at No 715, K C Layout Chamundi Hills Road Mysore – 570 019.
40. Smt Nethravathi Wife of Boralingegowda Aged about 51 years
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Residing at No 544 K C Layout Chamundi Hills Road Mysore – 570 018.
41. Smt Poornima D S Wife of Jayaramegowda Aged about 53 years Residing at No 411, K C Layout Chamundi Hills Road Mysore – 570 019.
42. Sri Shekhar S B Son of Boralingegowda Aged about 55 years Residing at No 214, K C Layout Chamundi Hills Road Mysore – 570 019.
43. Smt Uma Maheshwari Wife of Harish Kumar Aged about 51 years Residing at No 718, 6th cross, Paparam Road Mysore – 570 018.
44. Smt Jayalakshmamma Wife of Late Somegowda Aged about 53 years Residing at No 816, 5th Cross Vidyaranyapuram Mysore – 570 019.
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45. Sri Krishnaswamy K S Son of Late Srinivas Iyengar Aged about 51 years Residing at No 13, 2nd Cross, Band Bangalo Road Mysore – 570 019.
46. Smt Jamuna Wife of Sathish Aged about 53 years Residing at no 611 2nd Cross Paparam Road, Nazarabad Mysore – 570 019.
47. Sri Jayaramegowda S B Son of Boralingegowda Aged about 55 years Residing at No 15 3rd Cross, Nazarabad Mysore – 570 019.
48. Sri Ashok Kumar C Son of Chinnaswamy Aged about 49 years Residing at 14, 5th Cross, Mysore – 570 019.
49. Sri Sathish Son of Krishnegowda Aged about 53 years Residing at 13 Ittigegudu Mysore – 570 019.
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50. Smt Sree Sudha Wife of Lohith Manjunath Aged about 54 years Residing at No 25 Krishnamurthypuram Mysore – 570 018.
51. Sri Karthik C M Son of Muthaiah Aged about 49 years Residing at 14 Muthaiah Layout Periyapattana, Mysore District – 570 203.
52. Smt Veena Wife of Yogish R Aged about 49 years Residing at No 1000 Neharu Street Periyapattana Mysore District – 570 203.
53. Sri Swamy Son of Nanjappa Aged about 55 years Residing at Kebballi Nidasale Dhakale Kunigal Taluk Tumakuru District – 572 301.
54. Sri Bharath Raju Son of Ramegowda Aged about 48 years Residing at 1000 Neharu Street Periyapattana, Mysore District – 570 203.
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55. Sri Rajesh M Son of Muthaiah Aged about 49 years Residing at 14 Nazarabad Mohalla Mysore – 570 019.
56. Sri Paramashiva Son of Thibbaiah Aged about 55 years Residing at 14 5th Cross, Gudnlupete Mysore – 570 324.
57. Smt Gowramma Wife of Chandrappa Aged about 49 years Resiidng at Kittur, 1st Main Mysore – 570 019.
58. Smt Savitha Wife of Somaraju Aged about 49 years Residing at Yemanduru Malavalli Taluk Mandya District – 570 123.
59. Smt Devika M K Wife of Munivenkataramaraju Aged about 52 years Residing at 804, Chamundeshwari Temple Road Subhashnagar Mysore – 570 019.
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60. Smt Pankaja Wife of Purushotham Aged about 49 years Residing at No 14, 1st Cross, Nanjanagudu Mysore District – 570 119.
61. Sri Boregowda Son of Thimmegowda Aged about 55 years Residing at 14, 5th Cross Lashkar Mohalla Mysore – 570 019.
62. Sri Manjunath Son of Siddaiah Aged about 57 years Residing at No 123 5th Cross Nanjanagudu mysore district - 570119
63. Sri Ravikumar R Son of Ramanna Aged about 49 years Residing at No 14 5th Cross, Nanjanagudu Mysore District – 570 119.
64. Smt Shwetha Wife of Guruswamy Aged about 53 years Residing at No 14 5th Cross, Mettur Mysore – 570 019.
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65. Sri Ramesh K Son of Kempanna Aged about 49 years Residing at 15, 4th Main Nanjanagudu Mysore District 570 119.
66. Smt Rashmi Wife of Srinivas Aged about 53 years Residing at 14, 5th Cross Hunasuru Mysore District 570 111.
67. Sri V Prakash Son of Vasantha Aged about 49 years Residing at No.1907, M S Whesli Road 3rd Cross, Mandimohalla Mysore 570 019.
68. Smt Renuka Devi Wife of Siddappa Aged about 51 years Residing at No.154, Ground Floor 1st Cross, 1st Stage, 3rd Cross Niveditha Nagar Mysore 570 019.
69. Sri Mansoor Khan Son Riyaz Khan Aged about 49 years Residing at 14, 5th Cross Nazarabad Mohalla
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Mysore 570 019.
70. Sri Venkatesh Prabhu Son of Late Prabhu Aged about 55 years Residing at 14, 5th Cross Chamundi Hills Road Msyore 570 019.
71. Sri M Ramu Son of Ranganath Aged about 53 years Residing at 14, 5th Cross Ittigegudu Mysore 570 019.
72. Smt M Rajalakshmi Wife of Prakash Aged about 49 years Residing at 14, 5th Cross Vijayanagar Bengaluru 560 056.
73. Smt M Saraswathi Wife of S Somashekhar Aged about 55 years Residing at 14, 5th Cross Vinayaka Layout Mysore 570 019.
74. Smt M Gayathri Wife of late Prabhakar Aged about 49 years Residing at 14, 5th Cross
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Bhadravathi Shimoga District 571 113.
75. Smt Shantha C Wife of Rajesh M Residing at 14, 1st Stage 3rd Cross Niveditha Nagar Mysore 570 019. ... Petitioners (By Sri Fayaz Sab.B.G, Advocate)
And:
1. The State of Karnataka Represented by its Secretary Department of Municipal and Urban Development 4th Floor, Vikas Soudha Bangalroe 560 001.
2. The Managing Director Rajiv Gandhi Rural Housing Corporation N.I.T.Park 1st Floor 4th Main Road, Rajajinagar Industrial Area Rajajinagar Bangalore 560 020.
3. The Director Department of Municipal Administration V.V.Tower Bangalore 560 001.
4. Karnataka Housing Board Represented by its Commissioner 3rd and 4th Floor
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Cauvery Bhavan K G Road Bangalore 560 009.
5. The Commissioner Mysore City Corporation Mysore 570 010.
6. The Deputy Commissioner Mysore District Mysore 570 001.
7. The Planning Director District Urban Development Cell Office of the Deputy Commissioner Mysore District Mysore 570 001. ... Respondents
(By Sri K.P.Yoganna, HCGP for Respondent Nos.1, 3, 5, 6, 7, Smt Sumana Baliga, Advocate for Respondent No.2, Sri H.M. Manjunatha Advocate for Respondent No.4)
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the Respondents-2 and 4 to allot the Residential Houses in favour of these Petitioners pursuant to the applications submitted by them for allotment of Residential Ashraya Houses Developed at Sharada Devi Nagar, Ramabai Nagar, Kalyanagiri Nagar, Hebbal, Lakshmishantha Nagar, Dattagalli, Namajubore, Neharu Nagar, Shakthi Nagar and in other layouts in and around Mysore City.
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These Petitions coming on for Preliminary Hearing this day, the court made the following:
ORDER
Though these matters are listed for preliminary hearing, by consent of learned counsel appearing for parties, it is taken up for final disposal since the prayer sought for by the petitioners is to direct respondent Nos.2 and 4 to allot residential houses in favour of the petitioners pursuant to the applications submitted by them under ‘Ashraya Houses
Scheme’ in the layout developed at Sharada Devi Nagar,
Ramabai Nagar, Kalyanagiri Nagar, Hebbal, Lakshmishantha
Nagar, Dattagalli, Namajubore, Neharu Nagar, Shakthi Nagar and in other layouts and in and around Mysuru city by considering the direction issued by 1 st respondent to 6 th respondent on 25.12.2016.
2. Petitioners claim that they come from socially and economically weaker section of the society and living below poverty line and are facing financial difficulties even to meet
19 their day-to-day requirements. It is also the contention of petitioners that their wish to have their own shelter is not fulfilled and even after striving hard to achieve said goal for the past twenty years they have not been able to do so. They have also contended that State having formulated a Housing
Scheme for allotment of residential buildings to the poor and economically weaker section of the society to have their own shelter, have formulated one such scheme called as “Rajiv
Gandhi Ashraya Scheme/Yojane” by an order dated
26.10.2016 and pursuant to same, State has developed and constructed several residential houses at Sharada Devi Nagar,
Ramabai Nagar, Kalyanagiri Nagar, Hebbal, Lakshmishantha
Nagar, Dattagalli, Namajubore, Neharu Nagar, Shakthi Nagar and in other layouts and in and around Mysuru city.
Pursuant to said scheme, petitioners claim to have submitted application forms and also remitted necessary charges to
Respondent Nos.2 and 4 in the year 2000 vide Annexures -
A.1 to A.14.
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3. It is also contended that respondents have themselves prepared a detailed chart indicating the names, applications number and date of submission of applications for allotment of houses under ‘Ashraya Yojane/Scheme as per
Annexure-B, in which the names of the petitioners are said to be found and yet respondent/authorities in spite of submitting representations have failed to allot houses in their favour and as such, they are seeking for a direction being issued to 2 nd and 5 th respondent to allot houses to them.
4. I have heard the arguments of Sri Fayaz Sab B.G., learned counsel appearing for the petitioners, Smt.Sumana
Baliga learned counsel appearing for respondent No.2,
Sri K.P.Yoganna, learned HCGP appearing for respondent
Nos.1, 3, 5, 6 and 7 and Sri H.M. Manjunatha, learned counsel appearing for respondent No.4 and perused the case papers.
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5. Perusal of the records would disclose that second respondent/Board, which has been constituted in the year
2000, has taken certain steps to address grievances of the petitioners and similarly placed persons. A communication dated 8.12.2016 (Annexure-F) has emerged from the office of the second respondent addressed to the sixth respondent calling for report upon which the second respondent would be able to take a decision to issue allotments and on account of the said report having not been received, Smt. Sumana
Baliga, learned counsel appearing for the second respondent would be justified in contending that until and unless such report is received from 6 th respondent certifying applicants’ entitlement for being allotted houses, second respondent would not be able to take decision to allot or generate the order of allotment/work order in favour of the petitioners or similarly placed persons.
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6. Sri H.M.Manjunatha, learned counsel for the fourth respondent submits that only step which is required to be undertaken by the fourth respondent is to put up construction and hand over the buildings to the second respondent and as such, 4 th respondent would have no role either in adjudication of claim for allotment or the allotment itself. He would also submit that fourth respondent not being the authority to either recommend for allotment or generate work orders in favour of the applicants, no writ would lie against 4 th respondent.
7. Taking into consideration the fact that State also being aware of the demands made by the petitioners and similarly placed persons having received the attention of the
Government at certain levels which ultimately resulted in communication dated 8.12.2016 Annexure-F being issued by the second respondent to the sixth respondent viz., direction being issued to take appropriate steps for allotment of vacant
23 residential houses to the petitioners and similarly placed persons by coordinating with other agencies like Municipal
Corporation etc., by submitting report in that regard. In that view of the matter, a decision to forward the report to the second respondent will have to be necessarily taken by the sixth respondent. In fact, Principal Secretary, Urban
Development Department by Communication dated
21.12.2016 Annexure-G has also intimated the jurisdictional
Deputy Commissioner i.e.. sixth respondent herein to forward a comprehensive report to the second respondent so as to enable the second respondent to take steps to issue orders to allot vacant houses for being allotted to eligible persons. As such, it would suffice, if a direction is issued to the sixth respondent to comply with the direction issued under the
Communication dated 8.12.2016 Annexure-F by the second respondent, as also the direction issued by the Principal
Secretary, Urban Development Department, Vikas Soudha
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Benglauru dated 21.12.2016 Annexure-G, expeditiously at any rate within a time frame, if not already done.
8. Hence, the following
ORDER
1) Writ petitions are hereby allowed.
2) Sixth respondent shall send a
comprehensive report as sought for by the second
respondent in its Communication dated 8.12.2016
Annexure-F if not already forwarded and as
directed by the Principal Secretary, Urban
Development Department by its Communication
dated 21.12.2016 Annexure-G expeditiously at
any rate within 2 months (60 days) from the date
of receipt of certified copy of this order.
3) On such recommendation/report being
received, the second respondent shall take
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immediate steps to issue work orders in favor of
eligible applicants within two months from the
date of receipt of the said report/recommendation
who have been recommended as per the report
furnished by sixth respondent.
Ordered accordingly.
SD/- JUDGE
SA