- 1 - NC: 2025:KHC:12253 WP No. 30644 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 30644 OF 2024 (LB-RES) BETWEEN: 1. SRI.DODDARANGAPPA S/O LATE DASANNA AGED ABOUT 69 YEARS 2. SRI GOVINDAPPA @ GOVINDAIAH S/O LATE DASANNA AGED ABOUT 65 YEARS 3. SRI RANGASWAMAIAH S/O LATE DASANNA AGED ABOUT 62 YEARS 4. SRI NARAYANAPPA S/O LATE DASANNA AGED ABOUT 61 YEARS 5. SRI SHIVANNA S/O LATE DASANNA AGED ABOUT 59 YEARS ALL ARE R/AT THIMMARAJANAHALLI VILLAGE BELLAVI HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT 572132 …PETITIONERS (BY SRI. V B SIDDARAMAIAH., ADVOCATE) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12253 WP No. 30644 of 2024 AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, DR AMBEDKAR VEEDI BENGALURU 560 001 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT MINI VIDHANA SOUDHA DR AMBEDKAR ROAD TUMKURU 572101 3. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH BELAGUMBA ROAD TUMAKURU 572102 4. THE EXECUTIVE OFICER TALUK PANCHAYATH , TUMAKURU TALUK BELAGUMBA ROAD TUMAKURU 572102 5. THE PANCHAYATH DEVELOPMENT OFFICER THIMMARAJANAHALLI GRAMA PANCHAYATH THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMKAURU TALUK AND DISTRICT 572128 6. THE MANAGING DIRECTOR RAJIV GANDHI HOUSING BOARD RAJAJINAGAR BENGALURU 560 010 - 3 - NC: 2025:KHC:12253 WP No. 30644 of 2024 7. SMT. PUSHPALATHA W/OJAYARAMAIAH T Y AGED ABOUT 40 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 8. SMT. SAKAMMA W/O SOMASHEKHARA AGED ABOUT 50 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 9. SMT. NETHRAVATHI H J W/O SRINATH K AGED ABOUT 33 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 10. SMT. CHANNAMMA W/O VEERANNA AGED ABOUT 53 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 11. SRI SIDDAGANGAMMA W/O KHADRAPPA AGED ABOUT 52 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 - 4 - NC: 2025:KHC:12253 WP No. 30644 of 2024 12. SMT. KALPANA W/O RAMANNA AGED ABOUT 40 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 13. SMT. RENUKAMMA W/O NAGARAJU AGED ABOUT 49 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 14. SMT. ADILAKSHMAMMA W/O RAMANNA @ RAMACHANDRAIAH AGED ABOUT 50 YEARS R/O THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK 572 128 …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1 & R2 SRI. A. NAGARAJAPPA., ADVOCATE FOR R3 TO R5 SMT. SUMANAN M BALIGA., ADVOCATE FOR R6 SRI. G.S. VALAGANGADHAR., ADVOCATE FOR R7 TO R14) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THIS HONBLE COURT DTD. 25.06.2024 PASSED IN W.P.NO. 6040/2024 VIDE ANNX-Q AND DECLARE THAT THE ORDER OF THIS HONBLE COURT DTD. 25.06.2024 PASSED IN W.P.NO. 6040/2024 VIDE ANNX-Q AS NULL AND VOID AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:12253 WP No. 30644 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER This writ petition has been filed by the petitioners feeling aggrieved of the directions issued by this Court in W.P.No.6040/2024 dated 25.06.2024, where respondents No.7 to 14 were the petitioners. 2. The private respondents herein had filed a writ petition seeking directions to the Managing Director of the Rajiv Gandhi Housing Board to form sites and distribute the same in favour of the eligible persons. This Court noticed that the respondent Gram Panchayat had issued an endorsement to the writ petitioners therein stating that since civil disputes are pending consideration in respect of the lands where the sites were required to be formed, they are not able to proceed any further. However during the pendency of the said writ petition, it was brought to the notice of this Court that in RSA No.124/2019 dated 14.06.2023, the civil dispute has been decided and therefore there was no dispute pending which would stall - 6 - NC: 2025:KHC:12253 WP No. 30644 of 2024 the process of formation of the layout. Therefore, this Court proceeded to issue directions to the Managing Director of the Rajiv Gandhi Housing Board to proceed to carve out sites and allot sites in favour of the eligible persons including the petitioners as expeditiously as possible and at any rate within a period of 6 months from the date of receipt of a copy of the order. 3. It is now the contention of the petitioners herein that they are the owners of the property and they have succeeded in a suit filed against the State and its authorities in O.S.No.143/2002. It is also contended that the petitioners herein have filed O.S.No.208/2011 against the State, Deputy Commissioner and the other officers including the gram panchayat seeking a declaration of title in respect 24 guntas of land in Sy.No.1/5 situated at Thimmarajanahalli village, Bellavi Hobli, Tumkur taluk and district. 4. Having regard to the facts noticed herein above and the fact that this Court has only directed the Managing - 7 - NC: 2025:KHC:12253 WP No. 30644 of 2024 Director of the Rajiv Gandhi Housing Board to proceed to form the layout and allot the same to the eligible persons, such directions will not in any way prejudice the rights of the petitioners, if they have obtained any decree or any temporary injunction in respect of the land in question and the same is brought to the notice of the Managing Director, Rajiv Gandhi Housing Board. If on the other hand, as pointed out by the learned counsel for the private respondents, if the prior orders, decree or injunction which the petitioners are talking about has already fallen for consideration in RSA No.124/2019, then the petitioners cannot press into service any such orders passed earlier. With these observations the writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE KLY CT: JL