Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5852 OF 2023 (LB-RES) C/W WRIT PETITION NO. 14252 OF 2023 (GM-RES) WRIT PETITION NO. 4945 OF 2024 (LB-RES) IN W.P. No. 5852/2023 BETWEEN:
1. SRI ASHOK KUMAR L V S/O LATE VITTAL AGED ABOUT 58 YEARS R/AT SRI CHOODASEWARAKRUPA NEAR PANDURANGA TEMPLE SHARAVATHI NAGAR B BLOCK SHIMOGGA 577 301
2. SMT A FIYAZUNNISA W/O ABDUL RAJZAK AGED ABOUT 72 YEARS R/AT ABBIGOLA VILLAGE SHIKARIPURA TALUK SHIMOGGA DISTRICT 577301
3. G SANDHYA W/O LT VENTKATARAMANA AGED ABOUT 63 YEARS R/AT SRI LAKHMI NO 30 BEHIND RAJANNA HOUSE GADIGOPPA SHIMOGGA 577205
4. SRI B M BASAVARAJAIAH S/O LT MUDDU VEERAIAH AGED ABOUT 71 YEARS R/AT HEBBANTI KAVALAGUNDI POST BHADRAVATHI 577205 Digitally signed by VIDYA G R Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
5. SMT SHIVARUDAMMA W/O C R GIRIYAPPA AGED ABOUT 62 YEARS R/AT SHIVANILAYA 4TH CROSS BHADRAVATHI SHIMOGGA DISTICT 577301
6. SHREE SHILA S/O KARADAPPA AGED 51 YEARS RR/AT NO 1/370 PAPER TOWN BHADRAVATHI SHIMOGGA DISTRICT 577301
7. SRI M ESWARAPPA S/O MALLAPPA AGED 56 YEARS R/AT SUBASH NAGAR 3RD CROSS LEFTSIDE HOSAMATHI, BHADRAVATHI 577 301
8. SRI SHIVASHANKAR D LT ITTIGAPPA AGED 53 YEARS R/AT BANASHRI NILAYA CHANNAKESHVA NAGAR 11TH CROSS SHIMOGGA 577 427
9. SRI. ANAND S NAIK S/O SHANKAR T NAIK AGED 42 YEARS, R/AT C-2/2 D A R POLICE, COLONY SHIMOGA 577301
10. SRI NINGAPPA S/O LT YELLAPPA AGED ABOUT 63 YEARS R/AT MRS COLONY HOUSE NO 11
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 VIDYANAGAR (P) SHIMOGGA DISTRICT 577301
…PETITIONERS (BY SMT. MANJULA D.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN
DEVELOPMENTAL DEPARTMENT VIKASA SOUDHA DR AMBEDKAR VEEDHI BANGALORE 560 001
2. THE DEPUTY COMMISSIONER SHIMOGGA 577205
3. THE COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN, 4TH FLOOR BENGALURU 560 009
4. KRISHNAPPA
S/O BASAPPA, AGED ABOUT 47 YEARS
R/O OTHIGATTA AT SOGANE - PO
SHIMOGA TALUK & DIST - 577 201
5.
SHIVANNA
S/O BORAPPA
AGED ABOUT 50 YEARS
R/O OTHIGATTA AT SOGANE PO
SHIMOGA TALUK & DIST - 577 201
6. REKHAMMA
W/O THIMMAPPA
AGED ABOUT 55 YEARS
R/O OTHIGATTA AT SOGANE - PO
SHIMOGA TALUK & DIST - 577 201
7. LINGARAJU
S/O BASAPPA
AGED ABOUT 60 YEARS
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
R/O OTHIGATTA AT SOGANE - PO
SHIMOGA TALUK & DIST - 577 201
8. H.MANJUNATH
S/O HANUMANTHAPPA
AGED ABOUT 60 YEARS
R/O DODDIBELU AT SOGANE - PO
SHIMOGA TALUK & DIST - 577 201
9. H.S. SAVITHRAMMA W/O AKKAIAH AGED ABOUT 55 YEARS R/O DODDIBELU-AT, SOGANE-PO SHIMOGA TA & DISTRICT-577201
10. D.NAGARAJ S/O DODDAVENKATAIAH AGED ABOUT 55 YEARS R/O DODDIBELU-AL, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
11. H.NAGARAJA S/O HANUMANTHAPPA AGED ABOUT 55 YEARS R/ATDODDIBELU-AT, SOGANE-PO SHIMOGA TA & DISTRICT-577201. 12. MOHAN S/O NAGAPPA AGED ABOUT 45 YEARS
R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
13. SIDDAPPA S/O SIPAI SIDDAPPA AGED ABOUT 59 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
14. HONNAPPA S/O SIPAI SIDDAPPA AGED ABOUT 55 YEARS
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 R/ATOTHIGATTA-AT, SOGANE-PO
SHIMOGA TQ & DISTRICT-577201
15. NAGAPPA S/O THIMMAPPA AGED ABOUT 65 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
16. RAVI
S/O DYVAPPA AGED ABOUT 50 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TA & DISTRICT-577201
17. CHANDYANAIKA S/O RANGYANAIKA AGED ABOUT 65 YEARS R/AT SOMINAKOPPA, KALLALLI-PO BHADRAVATHI TA SHIVAMOGGA DISTRICT-577201
18. RAJANAIK S/O LATE GOOGIBAI & KRISHNANAIK AGED ABOUT 47 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
19. SURESH S/O GANESHAPPA AGED ABOUT 46 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
20. SATHYANARAYANA S/O RANGAPPA AGED ABOUT 47 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
21.
NARAYANAYAKA S/O LALYANAYAKA AGED ABOUT 55 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
22. SHIVANAND S/O HANUMANTHAPPA AGED ABOUT 61 YEARS
R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577 201
23. LAKSHMANA S/O HANUMAIAH AGED ABOUT 56 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
24. MANJULAMMA W/O MANJAPPA AGED ABOUT 60 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
25. RAJU S/O HANUMANTHAPPA AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 26. BHAGYAMMA W/O NARASIMAIAH AGED ABOUT 55 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
27. SHANKARACHARYA RAMACHANDRACHARYA S/O REVACHARYA AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
28. B. RAMANNA S/O BORAIAH AGED ABOUT 60 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
29. CHIKKAHANUMAMMA W/O RAJANNA
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 AGED ABOUT 65 YEARS R/AT OTHIGATTA-AT, SOGANE-PO SHIMOGA TQ & DISTRICT-577201. 30. KEMPAMMA W/O KARIYAPPA AGED ABOUT 64 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
31. GANGAMMA W/O DEVAPPA AGED ABOUT 70 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
32. VENKATESH S/O MUDALAPPA AGED ABOUT 50 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
33. BHOJAPPA
S/O SHIVEGOWDA AGED ABOUT 56 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
34. NANJUDAIAH S/O NANJAIAH AGED ABOUT 50 YEARS R/AT JOYTHINAGARA, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
35. SAROJAMMA S/O KRISHNAPPA AGED ABOUT 70 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201
36. K.P. NAGESH
S/O K. PALAKSHAPPA AGED ABOUT 50 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. - 8 -
NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
37.
VENKATESH S/O K.M. PALAKASHAPPA AGED ABOUT 47 YEARS R/AT KORLAHALLI, KACHINAKALTE-PO SHIMOGA TA & DISTRICT-577201. 38. ANANDAPPA S/O LAKKEGOWDA AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 39. SHEERAMMA W/O HANUMANTHAPPA AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 40. R.V. HARISH S/O R.T. VISHWANTH AGED ABOUT 40 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 41. GOWRAMMA W/O VISHWANATHA AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 42. SHARADAMMA W/O PUTTARAJU AGED ABOUT 45 YEARS R/AT JYOTHINAGAR, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 43. BYREGOWDA
S/O CHIKKEGOWDA AGED ABOUT 48 YEARS R/AT KORIAHALLI KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. - 9 -
NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
44. KALYANAMMA W/O RAMANNA AGED ABOUT 65 YEARS
R/AT KORLAHALLI, KACHINAKATTE-PO HIMOGA TQ & DISTRICT-577201. 45 MARANNA S/O ANNAYAPPA, AGED ABOUT 56 YEARS R/AT JYOTHINAGAR, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 46. GOVINDAPPA
S/O BOOTHANNA AGED ABOUT 70 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 47. LALITHAMMA W/O GANGAHANUMAIAH AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO
SHIMOGA TQ & DISTRICT-577201. 48. RANGAMMA W/O LATE NANJANNA AGED ABOUT 65 YEARS R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 49. NANJUNDAPPA S/O CHIKKANNA
AGED ABOUT 52 YEARS
R/AT KORLAHALLI, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 50. PERISWAMY S/O CHINNASWMAV AGED ABOUT 68 YEARS R/AT JYOTHINAGAR KACHINAKATTE-PO SHIMOG TQ & DIST-577201. - 10 -
NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
51. GOVINDARAJU S/O CHINNASWAMY AGED ABOUT 70 YEARS R/AT JYOTHINAGRA, KACHINAKATTE-PO SHIMOGA TALUK & DISTRICT-377201
52. V. REVANNA S/O VENKATAPPA AGED ABOUT 55 YEARS R/AT JYOTHINAGAR, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 53. SHANTHAMMA W/O YELUMALAI AGED ABOUT 60 YEARS R/AT JYOTHINAGAR, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 54. BASAVARAJ S/O SIDDAPPA AGED ABOUT 60 YEARS R/AT JYOTHINAGAR, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 55. BYRAPPA S/O NINGAPPA AGED ABOUT 65 YEARS R/AT JYOTHINAGAR, KACHINAKATTE-PO SHIMOGA TQ & DISTRICT-577201. 56.
MAHADEVAMMA W/O MAHADEVAPPA AGED ABOUT 70 YEARS R/AT DODDIBELU-AT SOGANE-PO SHIMOGA TQ & DISTRICT-577201. 57. KRISHNANYAKA S/O LATE ESHWARANAYAKA AGED ABOUT 56 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DIST-577201
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
58. SHANKARANAYAKA S/O THAVARAYAKA AGED ABOUT 56 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DIST-577201. 59. CHATHRANAYAKA S/O HEMALANNAKA AGED ABOUT 60 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DISTRICT-577201. 60. SURESANAYAKA S/O LATE JAMALI BAL & LATE SOMALI NAYAKA AGED ABOUT 60 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DISTRICT-577201. 61. DHARMANAYAKA S/O GURYANAYAKA AGED ABOUT 70 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DISTRICT-577201. 62. ROHINI BAI W/O LATE CHANNANAYAKA AGED ABOUT 70 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DISTRICT-577201. 63. SAKKANAYAKA S/O HEMALANAYAKA AGED ABOUT 56 YEARS R/AT DUMMALLI VILLAGE SHIMOGA TQ & DISTRICT - 577 201
64. SADANAND
S/O 65 PUTTAPPA
AGED ABOUT 56 YEARS
R/AT VINAYAKANAGARA
KACHINAKATTE, SHIMOGA TQ
DISTRICT - 577 201
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 …RESPONDENTS (BY SRI.YOGANNA K.P., AGA FOR R1 & R2;
SRI.RAGHAVENDRA A. KULKARNI, ADV. FOR R3;
SRI.DAYANAND S. PATIL., ADV. FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES PRAYING TO DIRECTING THE R-3 TO ISSUE POSSESSION CERTIFICATE AND EXECUTE THE SALE DEED INFAVOUR OF THE PETITIONERS ARE CONCERN AND ETC. IN WP NO. 14252/2023 BETWEEN:
1. SRI P S CHANNABASAVAIAH S/O P. SHIVAIAH AGED ABOUT 58 YEARS R/AT SHRI RENUKA NILAYA L.L.R. ROAD, SHIMOGA-577201
2. SRI. VEERABHADRAPPA S/O BASAVAIAH AGED ABOUT 50 YEARS RESIDING AT 'ANNANYA NIVASA' NEAR THUNGA VIDYAPEETHA GAJANURU S.F. GAJANUR POST SHIMOGA DISTRICT-577 301
...PETITIONERS (BY SRI. S. BASAVARAJ, SR.COUNSEL FOR SMT. MANJULA D., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE-560 001. 2.
THE DEPUTY COMMISSIONER SHIMOGA
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
3. THE COMMISSOINER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, 4TH FLOOR, BENGALURU
...RESPONDENTS (BY SRI.YOGANNA K.P., AGA FOR R1 & R2;
SMT. SUMANGALA GACHCHINAMATH, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTCILES 226 AND 227 OF THE CONSTITUTION PRAYING TO DIRECTING THE R3 TO ISSUE POSSESSION CERTIFICATE AND EXECUTE THE SALE DEED INFAVOUR OF THE 1ST PETITIONER INSOFAR AS SITE NO 358 AND 2ND PETITIONER IN SITE NO 77 CONCERN SITUATED AT SOGANE VILLAGE, SHIMOGA DISTRICT. IN WP NO. 4945/2024 BETWEEN:
1. SRI SAGAR C S. N. CHANDRASHEKARAIAH, AGED ABOUT 40 YEARS R/AT C/O C002, BREN PALMS, 48/1, KUDLU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, SINGASANDRA, BENGALURU - 560 068. 2. DEVAMMA T.K., W/O CHIKKAHEGGADE M.R.
NO.40, N T ROAD, NEAR TEMPO STAND LAKSHMI TRADERS, NT ROAD, SHIMOG DODDAPETE, SHIMOGA - 577 202
...PETITIONERS (BY SRI.S.BASAVARAJA, SR. COUNSEL FOR SMT. MANJULA D., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, SHIMOGA - 577201
3. THE COMMISSIONER, KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, 4TH FLOOR, BENGALURU
...RESPONDENTS (BY SRI.YOGANNA K.P., AGA FOR R1 & R2;
SRI.RAGHAVENDRA A. KULKARNI, ADV. FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3 TO ISSUE POSSESSION CERTIFICATE AND EXECUTE THE SALE DEED IN FAVOUR OF THE 1ST PETITIONER INSOFAR AS SITE NO. 109 AND 2ND PETITIONER IN SITE NO. 375 CONCERN SITUATED AT SOGANE VILLAGE, SHIMOGA DISTRICT. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners in all the three Writ Petitions are similarly situated and have filed the present Writ Petitions seeking for issuance of writ of mandamus and appropriate direction to the Commissioner, Karnataka Housing Board ('K.H.B.' for short) to issue the Possession Certificate and execute the Sale Deed in favour of petitioners who had
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 applied for sites with the K.H.B. The petitioners had also sought for consideration of their fresh representations, whereby the petitioners had sought for allotment of sites in Survey No.120, situated at Sogane Village, Near Airport, Shivamogga District. 2. All the three Writ Petitions are taken up together in light of identical factual matrix and similar relief sought for. 3. It is the case of petitioners that pursuant to the advertisement published inviting applications in respect of sites under various Schemes of K.H.B. as regards property in Survey No.120, Sogane Village, Near Airport, Shivamogga District, the petitioners had filed the applications for allotment of sites after making the initial deposit. 4. It is submitted that the petitioners had also deposited the initial amount and the respondent K.H.B. had published the list of allottees. It is further case of the petitioners that they have subsequently come to know that
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 the lands in Survey No.120, Sogane Village, Near Airport, Shivamogga District have been ordered to be made use for some other purpose, which has prejudiced their rights and accordingly, they have sought for appropriate directions to the respondents and K.H.B. to make allotment and issue Possession Certificates and execute the Sale Deeds. 5. In W.P.5852/2023, an impleading application was filed which came to be allowed and the respondents No.4 to 64 have been arrayed as respondents. The statement of objections have been filed by such respondents. An application for vacating stay has been filed by the said respondents. 6. It is the case of respondent Nos.4 to 64 that the said respondents were in possession of different extents of land in Survey No.120, situated at Sogane Village, Near Airport, Shivamogga District. 7.
It is further submitted that the land in Survey No.120, Sogane Village, Near Airport, Shivamogga District was acquired for the purpose of construction of
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 Shivamogga Airport, it is the case of said respondents that they were in possession and enjoyment and cultivation of lands in Survey No.120 and had filed Form No.50 seeking regularisation of cultivation. 8. It is their further case that they had filed Writ Petition Nos.3752-3785/2012, W.P.Nos.42590- 42615/2011 seeking appropriate directions to the respondent Authorities to consider the case of the said respondents. 9. It is stated that the said Writ Petitions came to be
disposed off, whereby, though the Deputy Commissioner’s communication dated 06.10.2008 and Karnataka Housing Board's auction notification dated 02.11.2011 were not quashed, however, a direction was issued to the Government to calculate how many of 40' x 60' sites were required and in what extent of land they could be formed. It was further submitted that the Government and K.H.B. were directed to resort to acquisition of remaining portions of land.
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
10. It is further case of the said respondents that the Government as per the proceedings at Annexure-'R2' had ordered that insofar as those who would lose their lands, the sites of 40' x 60' dimension would be allotted apart from providing the other amenities. It was further observed that such development and carving out sites was to be made by K.H.B.
11. It is the further case that appropriate funds were released by the Government for development of sites to be given for those who were displaced.
12. It is the case of the said respondents that in terms of the letter dated 24.09.2008 the Deputy Commissioner had notified of the decision to hand over 34 acres 9 guntas of land for formation of sites and houses for rehabilitation of farmers. That it is only pursuant to such proceedings that land was handed by the Deputy Commissioner through the Tahsildar to the K.H.B. imposing a condition that the land should be utilised only
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 for the purpose to which it had been reserved, which was evidenced by the proceedings at Annexure-'R7'.
13. It is also the case of said respondents that this process has not attained finality till date and though K.H.B. had formed sites, the directions of Government have not reached a logical conclusion.
14. It is the case of respondents that the displaced farmers had filed W.P.Nos.3752-3785/2012 and W.P.Nos.42590-42615/2011 had challenged the auction notice which came to be disposed off as noticed in the observations at paras-7 and 8 hereinabove.
15. It is the further case that W.P.Nos.29575- 29613/2014 was filed by the farmers in which an interim
order came to be passed on 26.06.2014, whereby this Court had permitted the Authorities to hold lottery as regards the allotment of sites, while observing that no right would be created in favour of the persons succeeding in drawing of the lots nor shall the confirmation to be made in any other manner without further orders from this
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 Court. It is further submitted that the said Writ Petitions came to be disposed off on 29.09.2023 and copy of the order is produced at Annexure-'R15' to the petition. 16. It is submitted that the said Writ Petitions came to be disposed off with observations that the respondents No.2 to 5 and the Revenue Authorities were directed to allot sites as assured to the land losers and such exercise to be completed within three months. 17. It is submitted that the Court while disposing of the said Writ Petitions had observed that the extent of land measuring 34 acres 9 guntas in Survey No.120 was reserved for the purpose of allotment of sites to the displaced persons. 18. It is further submitted that the Court had noticed the proceedings of K.H.B. on 7.5.2022 resolving to hand over the developed area in Survey No.120 for the specific purpose of allotment of sites to the displaced persons. It is submitted that in light of the proceedings of K.H.B. dated 07.05.2022, it is clear that the land could be
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 utilized only for the purpose of rehabilitation of 343 displaced farmers who were cultivating the government lands and whose application for regularization were still pending. 19. Learned counsel appearing for respondent K.H.B. would submit that in the event, Government re-conveys the excess land after taking note of the allotment to the farmers whose applications for regularization of unauthorized occupation were pending, they would consider making use of the remaining land for allotment as is practicable taking note of the list of allottees published by K.H.B. at an earlier point of time. 20.
Sri S. Basavaraj, learned Senior Counsel appearing on behalf of petitioners further submits that they have learnt that there was a Memorandum of Understanding between the Government and K.H.B. in terms of which land that was left over would be handed over to K.H.B.
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21. No doubt, it must be noticed that the petitioners herein had approached this Court at an earlier point of time in W.P.Nos.3752-3785/2012 and connected petitions. 22. It must be noticed that W.P.Nos.3752- 3785/2012 and W.P.Nos.42590-42615/2011 had been filed by the displaced farmers and eventually though the Writ Petitions were disposed off, the K.H.B's auction notification dated 02.12.2011 and the Deputy Commissioner’s communication dated 06.10.2008 was not disturbed. 23. It is clear that the portion of the layout formed in Survey No.120 of Sogane Village by the K.H.B. has been handed over to the Government for distribution of sites formed to the displaced farmers. It is necessary to extract the observations in the
order passed in W.P.No.29575/2015 c/w w.P.No.36573/2014. "6. … Proceedings of the Karnataka Housing Board held in the meeting dated 07.05.2022 is also enclosed. The said memo read as under:
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 The Respondents - State humbly submit as follows:-
1. The Petitioners are asserting their cases on the basis of their filing applications seeking regularization of their unauthorized cultivation in Sy.No.120 of Sogaane Village, Nidhige Hobli, Shivamogga District. It is relevant to state that the said land has been utilized for the purpose of construction of Shivamogga Airport and the Karnataka Housing Board is formed layout in the portion of that Survey Number measuring 34 acres 9 guntas. The Government is taken a decision on the basis of the Board Resolution of the Karnataka Housing Board dated 07.05.2022; wherein, it is resolved to allot sites to the 343 bagur hukkum cultivators in the layout formed by the Karnataka Housing Board and the Karnataka Housing Board, vide its Communication dated 20.02.2023, the layout called 'Shivamogga Sogaane Layout' has been handed over to the District Administration to take further teps to allow the sites to the 343 bagur hukkum cultivators. The Assistant Commissioner, Shivamogga Sub-Division, Shivamogga vide his Communication dated 21.02.2023 has informed that the office of the Deputy Commissioner, Shivamogga is taking necessary steps to allot sites to 343 bagur hukkum cultivators. - 24 -
NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024
2. In that view of the matter, the above Writ Petitions may be disposed of, in order to enable the District Administration to take steps to allot sites to 343 bagur hukkum cultivators in the Shivamogga Sogaane Layout formed in Sy.No.120 of Sogaane Village by the Karnataka Housing Board. Copies of the resolution dated 07.05.2022, Communication of the Karnataka Housing Board dated 20.02.2023 and Communication of the Assistant Commissioner, Shivamogga Sub-Division, Shivamogga are herewith produced for kind consideration of this Hon'ble Court. Wherefore, it is humbly prayed that this Hon'ble Court may be pleased to take this Memo on record and dispose of the above Writ Petitions, in the interest of justice and equity."
24.
Nevertheless, the petitioners have made initial deposits for allotment and there is list of allottees also published by K.H.B. Further, the notification for allotment of sites by K.H.B. for other than the displaced farmers has not been quashed. The only manner to reconcile the interests of petitioners would be by moulding the appropriate relief. While State Authorities are to proceed
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 to make allotments to 343 cultivators in the layout formed, viz., Shivamogga Sogane Layout, as the layout has been handed over to the District Administration in the manner as has been envisaged in their proceedings. After allotment of sites to 343 farmers, the remaining portion of excess land, if any, consisting of sites may be identified by Government, which may then be handed over back to K.H.B. for the purpose of making allotment to those who have already been declared as allottees as per the lottery held earlier. However, the method of accommodating the interests of petitioners, is a matter to be decided by the K.H.B. appropriately taking note of the extent of land that is left noticing that those who have been selected fro allotment by the K.H.B. may out number the sites available. 25. Needless to state that K.H.B. must also see any other method of accommodating the interests of petitioners, as the petitioners have made deposits and declared to be allottees who are eligible. The other legal
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NC: 2025:KHC:15122 WP No. 5852 of 2023 C/W WP No. 14252 of 2023 WP No. 4945 of 2024 options open in the form of claims against K.H.B. by the petitioner are kept open. 26. The interim
order in operation stands discharged. With these observations, the petitions are disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR