MUNIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners claiming to be the members of depressed classes are invoking the writ jurisdiction of this Court for assailing the order dated 02.09.2011 a copy whereof is at Annexure-Q2 whereby, the land in question has been earmarked for allotment to the local site-less persons under the Ashraya Housing Scheme; they have also sought for a consequential direction for consideration of their applications seeking regularization of their alleged unauthorized occupation of bits of Government Gomal land in Sy. No.509 of Anekal Revenue Village.

(2.) After service of notice, the official respondents having entered appearance through the learned Addl. Government Advocate, oppose the writ petition contending that: so far as the prayer for quashment of the order at Annexure-Q2, the petition is hit by delay & laches; there is a prohibition enacted in the Second Proviso to Section 94-A of the Karnataka Land Revenue Act, 1964 against grant of lands specified in the table thereto; even otherwise, the regularization of unauthorized occupation is a matter of discretion and therefore, writ petition does not lie. So contending, learned Addl. Government Advocate seeks dismissal of the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the writ petition papers, this Court declines to grant indulgence in the matter for the following reasons: