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2025 DAILYLAW 91338 (KAR)

SRI. K BEEREGOWDA v. STATE OF KARNATAKA

WP/37216/2025 · 2025-12-11

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53105 WP No. 37216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37216 OF 2025 (GM-RES) BETWEEN: 1. SRI. K BEEREGOWDA S/O LATE SRI. KARIGOWDA AGED ABOUT 66 YEARS. RESIDING AT NO. 410. 7TH MAIN ROAD, 3D CROSS. ATTUR LAYOUT, YELAHANKA BENGALURU 560 064 2. SRI. C.R. CHANDRASHEKARASWAMY S/O LATE SRI. NAGARAJU AGED ABOUT 53 YEARS RESIDING AT NO. 78, 2ND FLOOR, 1 MAIN ROAD, NANDINI LAYOUT. BENGALURU 560 096 3. SMT. NAGAVENI D/O SRI. M.H.ASHOK AGED ABOUT 48 YEARS, RESIDING AT NO. 231, 2ND MAIN ROAD, 2ND CROSS, VIDYANANDNAGAR, BENGALURU 560 096 4. SRI. HARISH.S S/O SRI. SHIVARAMEGOWDA AGED ABOUT 46 YEARS, RESIDING AT NO. 16/1, OLD NO. 75, 25TH CROSS, NEAR ANJANEYASWAMY TEMPLE BENGALURU 560 070 5. SMT. ASHARANI.K.S C/O SRI. SHANKAR, AGED ABOUT 39 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53105 WP No. 37216 of 2025 RESIDING AT NO. 16/1, OLD NO. 75, 25TH CROSS, NEAR ANJANEYASWAMY TEMPLE BENGALURU 560 070 6. SMT. VEENA JAYARAM W/O SRI JAYARAM, AGED ABOUT 48 YEARS, RESIDING AT NO. 146/7, SAPTADRI NILAYA, 12 CROSS, BEML LAYOUT, 6 STAGE, TURUBARAHALLI BENGALURU 560 064 7. SRI. KUMAR SIO SRI SWAMIGOWDA AGED ABOUT 37 YEARS, RESIDING AT NO. 28A, 1 FLOOR, JARAKABANDEKAVAL, NANDINI LAYOUT, BENGALURU 560096 8. SRI. KIRAN. G.R S/O LATE SRI. RAVEGOWDA HESH AGED ABOUT 32 YEARS RESIDING AT NO. 13, 4TH MAIN ROAD, NEAR MUNESHWARA TEMPLE SANNAKKIBAIL, KAMAKSHIPALYA BENGALURU 560 079 9. SRI. LOHITH.B S/O SRI. BEERALINGAPPA AGED ABOUT 48 YEARS RESIDING AT NO. 116, 6TH CROSS, MSR LAYOUT, MATTIKERE BENGALURU 560 054 10. SRI. M.V. CHANDAN S/O SRI. VENKATACHALAIAH AGED ABOUT 32 YEARS RESIDING AT C/O VISHAKANTHEGOWDA, NO. 1305, 7TH MAIN ROAD, A BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU 560 010 11. SMT. ROHINI - 3 - HC-KAR NC: 2025:KHC:53105 WP No. 37216 of 2025 W/O SRI VENKATACHALA AGED ABOUT 56 YEARS RESIDING AT NO. C 801, SHESHADRI ARYAN OPULENS UTTARAHALLI MAIN ROAD BENGALURU 560 111 12. SMT. B.S. KAVITHA W/O SRI. SHANKAR AGED ABOUT 48 YEARS RESIDING AT NO. 9, 9TH CROSS, JUDICIAL LAYOUT, KANAKAPURA ROAD, TALAGHATTAPURA, KAGGALIPURA BENGALURU 560 082 13. SRI. H.B. SHANKAR S/O LATE BETTEGOWDA AGED ABOUT 53 YEARS RESIDING AT NO. 2, 2ND CROSS, JUDICIAL LAYOUT, KANAKAPURA ROAD, TALAGHATTAPURA, KAGGALIPURA BENGALURU 560 082 14. SMT. PREMAKUMARI W/O SRI. NAGARAJRAO AGED ABOUT 58 YEARS, RESIDING AT NO. 432/1, 14TH CROSS, 1ST MAIN ROAD, PAI LAYOUT, BENGALURU 560 016 15. SMT. SHREESASHIVALLI W/O SRI. BHARATH AGED ABOUT 42 YEARS RESIDING AT NO. 432, 14TH CROSS, 1ST MAIN ROAD, PAI LAYOUT, BENGALURU 560 016 16. SMT. V. VIJAYAMMA W/O SRI. T. NARAYANASWAMY AGED ABOUT 48 YEARS, RESIDING AT NO. 190, MUNIREDDY LAYOUT, MAHADEVAPURA, BENGALURU 560 048 …PETITIONERS (BY SMT. PRIYAMVADA.J, ADVOCATE FOR SRI. AJIT KALYAN., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:53105 WP No. 37216 of 2025 AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, BENGALURU- 560 001. 2. DEPUTY COMMISSIONER XHCM+PXC, KG ROAD, NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560009 …RESPONDENTS (BY SRI. SIDDARATH BABU RAO, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO CONSIDER THE PETITIONERS REPRESENTATIONS DTD 26.10.2025, 27.10.2025 AND 28.10.2025 PRODUCED VIDE ANNX-E1 TO E16 AND CONSEQUENTLY ISSUE THE NECESSARY DOCUMENTS IN RESPECT OF THE PETITIONERS ALLOTMENT OF VACANT 20 X 30 SITES SITUATED IN SY NO. 39, RAMASANDRA, BENGALURU UNDER THE ASHRAYA SCHEME AS SOUGHT FOR THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice to respondent Nos.1 and 2. 2. The petitioners are before this Court seeking for the following reliefs: - 5 - HC-KAR NC: 2025:KHC:53105 WP No. 37216 of 2025 (a) Issue a writ of Mandamus directing the 2nd Respondent to consider the Petitioner's representations dated 26.10.2025, 27.10.2025 and 28.10.2025 produced vide ANNEXURES 'E1 to E16', and consequently (b) Issue the necessary documents in respect of the Petitioner's allotment of vacant 20X30 sites situated in Sy No. 39, Ramasandra, Bengaluru under the Ashraya Scheme as sought for, (c) Grant such other and further relief/s as this Hon'ble Court deems fit in the interest of justice and equity. 3. The petitioners claim that they were granted sites under the Ashraya Scheme in the year 1991, as regards which the petitioners have made payment of the due amounts. Despite which, the Hakkupatra, though issued, was taken back and not re-issued. In furtherance of which, the petitioners have submitted representation at Annexure-E series, commencing from 26.10.2025, which has not been considered. 4. Whenever any, representation is submitted to an authority, it is required for the authority to consider the same and pass necessary orders either by accepting or rejecting the request made under the said representation. - 6 - HC-KAR NC: 2025:KHC:53105 WP No. 37216 of 2025 5. Needless to say, if an order of rejection is passed, the same is required to be accompanied by reasons. Neither having been done, I pass the following: ORDER i) Writ petition is allowed. ii) Respondent No.2 is directed to consider the representations submitted by petitioner at Annexure-E series and pass necessary orders thereon within a period of six weeks from the date of receipt of a copy of this order. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioners. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 19