- 1 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104768 OF 2024 (GM-RES) BETWEEN: SMT. SHANTAVVA GANAGAPPA PATIL, AGE: 71 YEARS, OCCUPATION: HOUSEHOLD WORK, R/O. #07, BASAVAN GALLI, KARADIGUDDI, BELAGAVI-591103, MOB. 9740434081. …PETITIONER (BY SRI. DEEPAK M. BADIGER, ADVOCATE) AND: 1. THE SECRETARY, GOVERNMENT OF KARNATAKA, HOUSING DEPARTMENT, ROOM NO.213, 2ND FLOOR, VIKAS SOUDHA, BENGALURU-560001. 2. THE MANAGING DIRECTOR, THE RAJIV GANDHI HOUSING CORPORATION LIMITED CAUVERY BHAAVAN, 9TH FLOOR, C AND F BLOCK, K.G. ROAD, BENGLURU-560001. 3. PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT (DISASTER MANAGEMENT), 3RD GATE, 5TH FLOOR, M.S. BUILDING, AMBEDKAR VIDHI, BENGALURU-560001. 4. THE COMMISSIONER/DIRECTOR, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, GOVERNMENT OF KARNATAKA, 3RD GATE, 3RD FLOOR, M.S. BUILDING, BENGLURU-560001. 5. THE DEPUTY COMMISSIONER, BELAGAVI, D.C. COMPOUND, BELAGAVI-590001. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 6. THE ASSISTANT COMMISSIONER, D.C. COMPOUND, BELAGAVI-590001. 7. THE TAHASILDAR, BELAGAVI, OLD CORPORATION OFFICE, SWAMI VIVEKANAND MARG, KADE BAZAR, RAVIVAR PETH, BELAGAVI-590001. 8. SRI. RAMESH KRISHNAJI KULKARNI, RETIRED TAHASILDAR, BELAGAVI, “KRISHNA KUNJ”, PLOT NO.704, CTS NO.8375, SECTOR NO.5, NEAR MALMARUTI POLICE STATION, SHREE NAGAR BELAGAVI-590016, MOB: 9980894189. 9. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT BELAGAVI, ZILLA PANCHAYAT BUILDING, KACHERI GALLI ROAD, BELAGAVI-590001. 10. THE EXECUTIVE OFFICER, TALUKA PANCHAYAT BELAGAVI, BESIDE BELAGAVI SUB-REGISTRAR OFFICE, D.C. COMPOUND, BELAGAVI-590001. 11. THE REVENUE INSPECTOR, HIREBAGEWADI, DARBAR GALLI, BELAGAVI-590002. 12. THE PANCHAYAT DEVELOPMENT OFFICER, KARADIGUDDI GRAM PANCHAYAT, TALUKA & DIST: BELAGAVI-591103. 13. THE VILLAGE ACCOUNTANT, KARADIGUDDI/MARIHAL GRAM PANCHAYAT, TALUKA & DIST: BELAGAVI-591103. 14. THE PRESIDENT, KARADIGUDDI GRAM PANCHAYAT, TALUKA & DIST: BELAGAVI-591103. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1, R3, R4-R7 & R11 & R13 SRI. SRIPRASAD JOSHI, ADVOCATE FOR R8; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R9, R10 & R12; NOTICE TO R2 AND R14 SERVED) - 3 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF a) MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT NO.1 TO 7 AND 9 TO 14 TO CONSIDER AND TO TAKE NECESSARY ACTIONS ON REPRESENTATIONS DATED NIL, 26- 02-2020, 27-07-2021 VIDES ANNEXURE-D, E AND F1. b) CONSEQUENTLY DECLARE THE LIST OF BENEFICIARY OF THE PETITIONER IN RESPECT TO THE KARADIGUDDI GRAM PANCHAYAT VIDE ANNEXURE-B AND DIRECTED RESPONDENT NO.1 TO 7 AND 9 TO 14 TO CONSIDER THE PETITIONER’S BENEFICIARY CATEGORY IN “A” CATEGORY. c) CONSEQUENTLY DECLARE THE COMPENSATION TO THE PETITIONER BY IMPOSING HEAVY COST/MAJOR PENALTY ON THE RESPONDENT NO.7/8 WHO HAS SUBMITTED THE REPORT WITH LOT OF DELAY TO THE RESPONDENT NO.2 AS PER THE REPORT DATED ON 27-07-2021 VIDE ANNEXURE-F1 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioner, learned AGA for respondent Nos.1, 3, 4 to 7 and 11 to 13, Sri.Sriprasad Joshi, learned counsel for respondent No.8 and Sri. V. Shivaraj Hiremath, learned counsel for respondent Nos.9, 10 and 12. 2. The present petition is filed by the petitioner, claiming to be a permanent resident of Karadigudi Village - 4 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 of Karadigudi Grama Panchayat, Taluk and District Belagavi. The petitioner had a house in Karadigudi Village of Karadigudi Grama Panchayat. He submitted an application to the Government of Karnataka when it was called for under the Rajiv Gandhi Housing Corporation Scheme as per the Government Order dated 14.08.2019, in view of the fact that the entire house of the petitioner collapsed and was demolished due to heavy rain. Respondent No.12, the Panchayat Development Officer, selected the petitioner as the beneficiary in ‘C’ category. Thereafter, respondent No.2 and the other survey officials verified, inspected and observed the collapsed house of the petitioner and categorized the petitioner under the ‘C’ category. 3. This being the state of affairs, son of the petitioner gave a written application to the Deputy Commissioner, Belagavi and the Assistant Commissioner and the Home Minister, requesting them to consider the case of the petitioner as beneficiary in Category ‘A’ instead - 5 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 of Category ‘C’, as the entire house of the petitioner had collapsed due to heavy rain. Thereafter, the concerned officers of the respondents, including the Secretary of the Grama Panchayat, re-inspected the collapsed house of the petitioner and submitted a letter to respondent No.7, the Tahsildar. Respondent No.11, the Revenue Inspector, in fact submitted a report suggesting the compensation to be granted under ‘A’ category. However, no action was taken by the Tahsildar or other concerned authorities to grant compensation under ‘A’ category to the petitioner. Despite several representations and letters, no action is taken by the respondents about granting compensation to the petitioner under ‘A’ category. Hence the petitioner is before this Court aggrieved by the inaction of the respondents in not addressing the situation. 4. It is contended by the learned counsel for the petitioner that, there are several list of beneficiaries selected by different categories and the respondents have not acted upon the report of the re-inspection conducted, - 6 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 which has been recommended by the Revenue Inspector for categorizing the petitioner under ‘A’ category for award of compensation. It is the case of the petitioner that the entire house having been collapsed would squarely come under ‘A’ category instead of ‘C’ category, which was initially identified. There is a total loss of more than ₹5,50,000/-. The petitioner is an aged person of more than 71 years old and is staying in rented premises. Hence, there is great loss, hardship and inconvenience that is caused to the petitioner. The present petition is filed seeking writ of mandamus for a direction to the respondent No.7 to consider the representation so filed by the petitioner and grant suitable compensation in accordance with law. 5. It is contended by the learned AGA that, a scheme which was initially floated for the persons who lose their house due to heavy rain, in the Rajiv Gandhi Housing Corporation scheme by Government order of 14.08.2019, and it is no more in existence now and it has come to an - 7 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 end. So also, the conversion of categories from ‘C’ category to ‘A’ category also has come to an end in June, 2023. Therefore, the petitioner's case cannot be considered either for grant of compensation or for change of category. 6. I have heard the learned counsel for the petitioners and learned counsel for the respondents. 7. The fact remains that the petitioner has suffered damage and her house was damaged and collapsed due to heavy rain. The scheme was put into effect by the Government specifically for those persons who lose their site or house due to the heavy rain. The scheme was specifically brought for that purpose. The petitioner made representations as early as on 26.02.2020 and 27.07.2021. Therefore, whether the scheme exists as of now or not, the petitioner made representations quite in advance before stopping/closure of the scheme. The application is filed within time. Under the circumstances, it - 8 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 becomes the duty of the respondent authority, to identify, conduct inspection and survey, analyze if the petitioner has lost or suffered damage and house is collapsed and submit a report and accordingly the compensation is required to be granted if it is found to be true. In the case on hand, the Revenue Inspector on inspection and survey has recommended for ‘A’ category benefit to the petitioner. The question of delay or the scheme having been lapsed would not arise in the present case as the petitioner has filed the representations in advance, that is on 26.02.2020 and 27.07.2021. Under the circumstances, the contention taken by the learned AGA cannot be accepted that the scheme has lapsed. 8. Be that as it may, the Government is duty bound to take care of its citizens in case of collapse or demolition of the house due to heavy rain. Hence, I pass the following: - 9 - HC-KAR NC: 2025:KHC-D:8196 WP No. 104768 of 2024 ORDER i. The petition is allowed in part. ii. Writ of mandamus is issued directing respondent Nos.2, 5, 6 and 7, to consider the representations of the petitioner including the report of the Revenue Inspector and pass suitable orders in accordance with law. iii. The said exercise shall be done by the respondent authorities within a period of 12 weeks from the date of receipt of copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 86