MUNICHANNAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have filed these petitions praying for the following reliefs : i. Issue a writ or direction or order including a writ of certiorari, quashing the order No. RHS (P) : 318/82-83 dated 3-1-2000 issued by the second respondent vide Annexure-J. ii. Further issue a writ of mandamus directing the respondents to allot the sites formed out of Sy. No. 73 or any other plots to the petitioner.

(2.) THE petitioners stake claim to the above stated reliefs on the ground that they are persons belonging to weaker section of the society and they are entitled for grant of house sites. It is their case that though they had applied to the authorities concerned, the applications were not considered by the authorities. In that connections, it is submitted, they filed W. P. Nos. 6609-6646/96 for a direction to the authorities to dispose of their applications. In the said writ petitions an order dated 18/04/1996 was made by the Court directing the respondents to consider the claim of the petitioners for allotment of sites within six months from the date of receipt of the order. As the respondents failed to give effect to the direction of the Court the petitioners were constrained to file C. C. C. Nos. 750 and 762-64/99. Subsequent to the filing of the contempt of Court case the respondents got issued the Govt. Order bearing No. RHS (P) 318 : 82-83 dated 3-1-2000 (Annexure-J) whereunder the applications of the petitioners were rejected on the ground that their annual income exceeded Rs. 8600/ -. It is the grievance of the petitioners that the said Annexure J was issued by the authorities only to overcome the consequences of the contempt petition filed by the petitioners and to defeat the claim of the petitioners. Hence, the prayer for quashing of the said Annexure-J and for allotting sites to them in Sy. No. 73 of Jalahalli village, Bangalore North Taluk.

(3.) I have heard the learned counsel for the petitioners as also the learned High Court Govt. Pleader.