SHARED REMARAO NADKARNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner is an ex. Serviceman,having worked in the Indian Air force asa non-commissioned'officer in the rank ofcorporal and he retired from service on10-6-1969, after completion of meritoriousservice of about 15 years. Subsequentto his retirement he is now employed ina private concern at hubli with a meagresalary and pension. A notification wasissued by respohdent-2 on behalf of thekarnataka housing board inviting applicationsof intending purchasers for allotmentof houses built by the Karnataka housingboard, on lease-cum-sale basis, in respectof middle income group and low incomegroup schemes at nagasetty koppa,hubri. The petitioner is one of the appli' cants in the category of low incomedroup housing scheme, in which 14houses were available. After some timein april, 1977, the second respondentintimated the petitioner that his applicationhas been rejected and hence the petitioneris aggrieved.

(2.) though the petitioner was aggrieved,he did not proceed to challenge theorder of rejection. However, the petitionerchose to make a second application' inresponse to the notification published indeccan herald dated 4-3-1979. He hadapplied for middle income group house inlease-cum-sale as well as in outright salecategories. In the lease-cum-salecategory, 20 houses were notifed for allotmentof sites measuring 40' x 60' and in thecategory of outright sale, 6 houses werenotifed with sital measurement of 60' x40. The petitioner applied in accordancewith the notification making due depositsas required. This time also the petitionerwas disappointed, since his applicationwas rejected. Thereafter, the petitionermade representations to various authorities,but invain. Hence, the petitioner hasapproached this court for relief.

(3.) the case of the petitioner is thatthere is a special quota reserved fordefence personnel, including ex-servicemento the extent of 5%, as could be seenfrom' the Karnataka housing boardallotment regulations, 1983. The reservation is providedr for under regulation-4as well as regulstion-9.