SMT SHIVALINGAVVA W/O DYAMAPA TALBAL v. DEPUTY COMMISSIONER
WP/100551/2026 · 2026-02-02
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 52431 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52431 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1387 WP No. 100551 of 2026
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100551 OF 2026 (LB-RES)
BETWEEN:
1.
SMT. SHIVALINGAVVA W/O. DYAMAPPA TALBAL AGED ABOUT 42 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANDUR-583230, POST: ARAKERI, TQ: KUKNOOOR, DIST: KOPPAL.
2.
SMT. SHARADA W/O. SIDDAPPA MULAGUND AGED ABOUT 32 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANDUR-583230, POST. ARAKERI, TQ: KUKNOOOR, DIST: KOPPAL.
3.
SMT. PRABHAVATI W/O. MANJUNATH SHANKIN AGED ABOUT 40 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANDUR-583230, POST. ARAKERI, TQ: KUKNOOOR, DIST: KOPPAL.
4.
SMT. RENAVVA W/O. TIPPANNA KOPPAD AGED ABOUT 37 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANDUR-583230, POST. ARAKERI, TQ: KUKNOOOR, DIST: KOPPAL. …PETITIONERS (BY SRI. RAJASHEKHAR BURJI,ADVOCATE)
AND:
1.
DEPUTY COMMISSIONER KOPPAL DISTRICT, KOPPAL-583231.
2.
MANAGING DIRECTOR RAJIV GANDHI HOUSING CORPORATION LTD (RGHCL),
MANJANNA E Digitally signed by MANJANNA E Location:
HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.13 12:02:01 +0530
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HC-KAR NC: 2026:KHC-D:1387 WP No. 100551 of 2026
CAUVERY BHVAN, 9TH FLOOR, C AND F BLOCK, K.G. ROAD, BENGALURU-560009.
3.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH KOPPAL, KOPPAL-583231, TQ. AND DIST: KOPPAL.
4.
THE EXECUTIVE OFFICER TALUK PANCHAYAT KOPPAL TALUK, KOPPAL-583231, TQ. AND DIST: KOPPAL.
5.
PANCHAYAT DEVELOPMENT OFFICER SHIRUR GRAM PANCHAYAT, SHIRUR-583230, TQ. AND DIST: KOPPAL. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1;
SMT. SUMAN BALIGA, ADVOCATE FOR R2;
SRI. VIJAYKUMAR BELAGERIMATH, ADVOCATE FOR R3 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE SELECTION LIST OF BENEFICIARIES PREPARED BY THE RESPONDENT NO.5 DATED 14.05.2025 PRODUCED AT ANNEXURE-C; DIRECT THE RESPONDENTS TO REDO THE SELECTION LIST OF BENEFICIARIES FOR ALLOTMENT OF SITES/HOUSES AS PER ANNEXURE-B AND B1 IN SO FOR IT RELATES TO PETITIONERS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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HC-KAR NC: 2026:KHC-D:1387 WP No. 100551 of 2026
ORAL ORDER
The petitioners have approached this Court seeking to quash the selection list of beneficiaries prepared by the Gramasabha dated 14.05.2025 (Annexure-C) passed by respondent No.5 and further a direction to respondent Nos.1 to 3 to redo the selection list of beneficiaries for allotment of sites/Houses (Annexures-B and B1).
2. Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.
Brief facts:
3. Pursuant to the notification, under the Aashraya Scheme, a Gramasabha notice dated 08.05.2025 was issued calling for allotment of sites and issuance of Hakku Patra to the houseless persons.
4.
Learned counsel for the petitioners submits that, the Grama Panchayath has not followed the conditions prescribed under the statute, rules and the guidelines
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HC-KAR NC: 2026:KHC-D:1387 WP No. 100551 of 2026
thereunder under the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (“the Act 1993” for short).
5. Per contra, learned counsel appearing for the respondents submits that, the selection list approved by the Grama Panchayat has not yet completed the process of approval before the Taluka Panchayat, Zilla Panchayat, the Deputy Commissioner and by the Rajiv Gandhi Housing Corporation Limited, hence the petitioners have prematurely approached this Court.
6. The said fact is not disputed by the petitioners. The selection list approved by the Grama Sabha, is dated 14.05.2025 as per Annexure-C. As per the Ashraya Scheme, the selection is required to undergo for further approval by the Taluka Panchayath, Zilla Panchayat, Deputy Commissioner and by the Corporation.
7. Having regard to the nature of grievance urged by the petitioners and since the final approval of the selection list is yet to be completed, the question as to
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HC-KAR NC: 2026:KHC-D:1387 WP No. 100551 of 2026
whether allotment or selection list is in accordance with Schedule-I of the scheme is required to be examined by the competent authority. At this stage, the writ petition is premature. Accordingly, the writ petition is disposed of.
8. Liberty is reserved to the petitioners to submit their representations in support of their claim and if any representations are submitted, the same shall be considered by the respondent Nos.1 to 3 in accordance with law. Nevertheless, the selection shall be made in accordance with the rules governing under the scheme.
Sd/- JUSTICE K.S.HEMALEKHA
PJ/Ct:VH List No.: 1 Sl No.: 24