- 1 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 22922 OF 2023 (LB-RES) BETWEEN: 1. MOHAMMED ABDUL MUJEEB JAVEED S/O LATE MOHAMMED DASTHAGIR AGED ABOUT 62 YEARS R/O JAVED MANZIL AL.HAREEM LAYOUT, GOPALA SHIVAMOGGA - 577 201. 2. VIJAYA @ VIJAYAMMA W/O SUBRAMANI AGED ABOUT 41 YEARS R/O 3RD MAIN, 4TH CROSS NEAR GOVERNMENT HOSPITAL VINOBANAGAR, SHIMOGA - 577 204. 3. ROOPA W/O VASANTHA G.C. AGED ABOUT 42 YEARS R/O MANCHIKOPPA VILLAGE AND POST UDAGANI HOBLI SHIKARIPURA TALUK - 577 427 SHIVAMOGGA DISTRICT. 4. MADHUMATHI W/O BASAVARAJ S. AGED ABOUT 51 YEARS R/O MALLIKARJUNA NILAYA NEAR CANARA BANK KASHIPURA CIRCLE KHB COLONY - 577 201 SHIVAMOGGA DISTRICT. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 5. S.NARAYANAN S/O SANNAPPA AGED ABOUT 59 YEARS R/O JAGADAMBA BEEDHI VIDYANAGAR - 577 203 SHIVAMOGGA DISTRICT. 6. ABDUL SAMAD S/O KALANDAR SAB AGED ABOUT 66 YEARS R/O DOOR NO.110 1ST MAIN, 16TH CROSS CHALUKYANAGAR SHIVAMOGGA CITY - 577 205. 7. A.NARASIMHAN S/O V.S.ANANTHARAM AGED ABOUT 54 YEARS R/O LIG 653 NEAR KANCHI KAMASKHINAGAR SHIVAMOGGA - 577 201. 8. C.K.RAVI, S/O LATE KRISHNAMURTHY AGED ABOUT 62 YEARS EX.SERVICE MAN C/O N RAMACHANDRAPPA RENUKAMBA BADAVANE 1ST MAIN, KASHIPURA ROAD SHIVAMOGGA DISTRICT - 577 201. …PETITIONERS (BY SRI. GURUPRASAD HEGDE, ADVOCAE FOR SRI. S.V. PRAKASH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING M.S.BUILDING - 3 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE KARNATAKA HOUSING BOARD 3RD FLOOR, KAVERI BHAVAN REP. BY ITS COMMISSIONER BENGALURU - 560 009. 3. THE DISTRICT PLANNING OFFICER KARNATAKA HOUSING BOARD SHIVAMOGGA. REP. BY EXECUTIVE ENGINEER SHIVAMOGGA - 577 201. 4. THE DEPUTY GENERAL MANAGER DEPARTMENT OF ALLOTMENT SECTION KARNATAKA HOUSING BOARD 4TH FLOOR, KAVERI BHAVAN K.G.ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 23/09/2022 IN NO.PÀ.UÀÈ.ªÀÄA.:PÁ.C:ºÀAaPÉ- 4/¸ÉÆ.PÉÆ/¥ÀæPÀluÉ/2022-23 ISSUED BY THE SECOND RESPONDENT PRODUCED AS PER ANNEXURE-Q TO THE WP AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 ORAL ORDER Respondent no.2-Karnataka Housing Board formed a layout called Sominakoppa Layout in Shivamogga District and announced that the sites will be allotted only in favour of journalists and went ahead and allotted around 218 sites in favour of journalists in the year 2009-10. The said allotment was not questioned by any person and it is submitted presently the allottees have constructed houses and living over there and in some cases the property has already been alienated and third party rights are also created. However around 85 sites remained unallotted and a fresh notification dated 23.09.2022 was issued stating that the said 85 sites will also be allotted in favour of journalists. 2. Petitioners are said to be residents of Shivamogga Town and are desirous of owning a site being formed by respondent no.2-Karnataka Housing Board, and they are part of the general public. They have challenged the said notification and the decision of respondent no.2 to allot the sites exclusively to the journalists. - 5 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 3. The case of the petitioners is that, the decision of respondent no.2 in treating the journalist as a separate class for allotting the sites is violative of Article 14 of the Constitution of India. For that reason, it is prayed that the impugned notification be quashed and respondent no.2 be directed to consider the application of the petitioners for allotment of the said sites. 4. Learned counsel for respondent no.2 fairly submits that there is no separate regulation which permits the Karnataka Housing Board to treat journalist as a separate class and give them special preference. However, he justifies the notification and submits that the journalists themselves constitute a separate class and there is nothing wrong in allotting sites in their favour. 5. The question that arises for consideration is 'whether journalists in the instant case can be treated as a separate class by respondent no.2-Karnataka Housing Board for allotment of sites on preferential basis?'. - 6 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 6. Article 14 of the Constitution of India reads as under: "14. Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." 7. Thus, the State is required to treat every person equally. However reasonable classification is permitted but that reasonable classification has to be rational and it has to be made with an object sought to be achieved by the act. 8. Respondent no.2 is constituted under the Provisions of the Karnataka Housing Board Act, 1962 and the said Act is enacted with an object of providing for quality and affordable housing accommodation to all sections of the society. 9. Thus, respondent no.2 cannot treat journalist as a separate class and gave them a preferential treatment. They have to be treated equally with the general public. They do not form a separate class for having a preferential right of allotment of a housing site. The classification made by the Housing Board cannot be termed as reasonable classification and is violative of Article 14 of the Constitution of India. - 7 - HC-KAR NC: 2026:KHC:14528 WP No. 22922 of 2023 10. Hence, the following: ORDER (i) The impugned notification dated 23.09.2022 vide Annexure-Q to the writ petition and all consequential actions thereafter in pursuance of the same are hereby set aside; (ii) Respondent no.2 is directed to allot sites to the general public in the manner known to law; (iii) The writ petition stands disposed of accordingly. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 39