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2025 DAILYLAW 23851 (KAR)

SRI GURULINGAIAH v. THE STATE OF KARNATAKA

WP/33746/2014 · 2025-03-19

N S Sanjay Gowda

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:11481 WP No. 33746 of 2014 C/W WP No. 33744 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33746 OF 2014 (KLR-REG) C/W WRIT PETITION NO. 33744 OF 2014 (KLR-LG) IN WP No. 33746/2014 BETWEEN: 1. SRI GURULINGAIAH S/O LATE CHANNAPPA AGE 71 YEARS R/AT SIVANAPURA VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE 562 123 …PETITIONER (BY SRI. RAGHUNANDANA M S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDI BANGALORE 560 001 REP BY ITS SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT, K G ROAD BANGALORE 560 001. 3. THE TAHASILDHAR BANGALORE NORTH TALUK K G ROAD, BANGALORE 560 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11481 WP No. 33746 of 2014 C/W WP No. 33744 of 2014 4. THE ECOLOGY & ENVIRONMENT DEPARTMENT OF FOREST, ECOLOGY & ENVIRONMENT 7TH FLOOR, M S BUILDING BANGALORE 560 001 REP BY ITS SECRETARY. 5. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, NO.49 4TH FLOOR, CHURCH STREET BANGALORE 560 001 REP BY ITS CHAIRMAN. 6. RAJEEV GANDHI RURAL HOUSING CORPORATION LTD., 4TH FLOOR, KHB COMPLEX CAUVERY BHAVAN K G ROAD, BANGALORE 560 001 REP BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. GURURAJ JOSHI, ADVOCATE FOR R-5; SMT. SUMANA BALIGA.M., ADVOCATE FOR R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ALLOTMENT ORDER DATED.26.5.2010, AT ANNEXURE-E ISSUED BY THE R-2, IN FAVOUR OF R-6, ETC. IN WP NO. 33744/2014: BETWEEN: 1. SRI SIDDAPPA, S/O SRI CHIKKAHANUMAIAH AGE: 73 YEARS R/AT SIVANAPURA VILLAGE, DASANPURA HOBLI BANGALORE NORTH TALUK, BANGALORE-562123 ...PETITIONER (BY SRI. RAGHUNANDANA M S., ADVOCATE) - 3 - NC: 2025:KHC:11481 WP No. 33746 of 2014 C/W WP No. 33744 of 2014 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDI BANGALORE-560001 REP BY ITS SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT, K G ROAD BANGALORE-560001. 3. THE TAHASILDHAR BANGALORE NORTH TALUK K G ROAD, BANGALORE-560001. 4. THE ECOLOGY & ENVIRONMENT DEPARTMENT OF FOREST, ECOLOGY & ENVIRONMENT, 7TH FLOOR M S BUILDING, BANGALORE-560001 REP BY ITS SECRETARY 5. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, NO. 49 4TH FLOOR, CHURCH STREET BANGALORE-560001 REP BY ITS CHAIRMAN 6. RAJEEV GANDHI RURAL HOUSING CORPORATION LTD 4TH FLOOR, KHB COMPLEX CAUVERY BHAVAN K G ROAD, BANGALORE-560001 REP BY ITS MANAGING DIRECTOR ...RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. GURURAJ JOSHI, ADVOCATE FOR R-5; SMT. SUMANA BALIGA.M., ADVOCATE FOR R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ALLOTMENT ORDER DATED.26.5.2010, AT - 4 - NC: 2025:KHC:11481 WP No. 33746 of 2014 C/W WP No. 33744 of 2014 ANNEXURE-E ISSUED BY THE R-2, IN FAVOUR OF R-6 IN SO FAR AS PETITIONER CONCERNED LAND, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of assigning 10 acres of land for allotting to siteless persons under Ashraya Scheme is challenged by the petitioners who contend that they have filed applications seeking regularization and until their applications are considered, the assignment of land for allotment of sites to siteless persons would be illegal. 2. The petitioners, however, have not produced any document to indicate that they have made applications for regularization apart from making mere assertions in the writ petitions. No doubt, the petitioners have placed reliance on certain sketches to indicate that applications have been filed. However, since the applications per se or the - 5 - NC: 2025:KHC:11481 WP No. 33746 of 2014 C/W WP No. 33744 of 2014 acknowledgement for having made applications have not been produced, their claim cannot be accepted. Moreover, learned Additional Government Advocate has placed on record the photographs of the area in question and these photographs indicate that a layout has been formed and sites were also allotted to siteless persons under Ashraya Scheme. 3. In light of the above, it is obvious that the petitioners have no right to oppose the allotment of sites to siteless persons under Ashraya Scheme. Consequently, the writ petitions are dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 46