SHANTHABAI SHIVAPPA AGASAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these petitions the petitioners, assailing the correctness of the resolution dated 7th december 2001 on the file of the fourth respondent vide Annexure El, have presented these petitions. Further, they have sought for a direction, directing the respondents to implement the list of beneficiaries as per the resolution dated 28th August 2001 vide Annexure D and also sought for issuing a suitable writ or order or direction as this Court deems fit in the facts and circumstances of the case.

(2.) THE grievance of the petitioners in the instant Writ Petitions is that, the petitioners have been identified as beneficiaries for allotment of houses under the 'ashraya Scheme' (hereinafter referred to as the 'scheme') and accordingly, 'a resolution was passed by the Ashraya Committee on 28th August 2001 in its meeting held for distribution of the sites/houses to the siteless/houseless persons for the year 2001-2002. In pursuance of the said resolution, the name of the petitioners were found in the list identifying them as the beneficiaries for allotment of sites/houses constructed under the Scheme. When things stood thus, on the basis of the complaint from the Zilla Panchayath, Bijapur on 23rd November 2001 and the Government circular dated 19th November 2001, the Committee which was constituted earlier, was abolished and the new Committee was constituted by the Government for identifying the beneficiaries. It is also observed that, the earlier resolution passed by the Ashraya Committee may be re-considered afresh. In pursuance of the constitution of the new Committee, a meeting was conducted on the 7th December 2001 at 3 P. M under the Rajiv Gandhi Ashraya Housing Scheme and a resolution was passed, cancelling the earlier resolution passed by the Ashraya Committee on the basis that, the same is passed without following the procedure prescribed under the relevant provisions of the Act and the Notification issued by the Government. Aggrieved by the subsequent resolution passed, the petitioners have presented these petitions.

(3.) THE principal submission canvassed by the learned Counsel appearing for the petitioners is that, these petitioners belong to economically weaker section of the society and that, they do not possess any site/house and that, they are entirely dependent on the income derived out of their coolie work. They also do not possess any agricultural land in their village. Taking into consideration the social and economic background of these petitioners, the Ashraya Committee, in its meeting held on 28th August 2001 had passed a resolution Identifying the petitioners as the beneficiaries and had held that, these petitioners are entitled for allotment of sites/houses constructed under the Scheme and their names find a place in the list of beneficiaries prepared by the said Committee. At present, it is their case that, without issuing any notice to these beneficiaries and without following the procedure, in pursuance of the subsequent resolution, the new Committee constituted has called for another meeting on 7th December 2001 and cancelled the earlier resolution passed by the earlier Committee on 28th August 2001. The subsequent resolution, cancelling the earlier resolution vide Annexure D is contrary to the material on record as well as contrary to the relevant provisions of the Act. Therefore, the petitioners are constrained to approach this Court by presenting these petitions.