K C NANJUNDASWAMY Vs. KARNATAKA HOUSING BOARD

JUDGEMENT

(1.) THE petitioners are before this Court assailing the public notification dated 10.03.2010 which is impugned at Annexure-D to the petition. The petitioners are also seeking that the respondents be directed to consider the representations filed by them as at Annexures-B, E and F. Further, the applications filed as indicated at Annexures- A1 to A5 are also sought consideration and as such a direction is sought to be issued to the respondents.

(2.) THE case of the petitioners is that they had responded to the notification issued by the respondents in the year 2001 calling for applications for allotment of sites. The sites were to be formed in Kushalnagar II Phase, Kodagu. The petitioners are stated to have applied as per the acknowledgments at Annexures-A1 to A5. The case of the petitioners is that though they had applied and were awaiting allotment of the sites, they are surprised to find that a notification dated 10.03.2010 was issued and therefore, the petitioners have assailed the said notification.

(3.) SUBSEQUENTLY , the respondents on appearance have filed their objection statement. It is their contention that the application made by the petitioners in the year 2001 by paying only registration fee is in respect of the demand survey for formation of the layout. Subsequent thereto, the further proceedings relating to formation of the layout was to be carried on by the respondents. On formation of the layout, the notification dated 10.06.2009 as at Annexure-R1 was issued. In respect of the sites indicated therein, the persons who had initially responded to the demand survey were also allowed to seek for allotment subject to the payment of the initial deposit and on continuing the same.