MUNIYAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) It is the contention of the petitioners that 2 acres of land out of 11 acres and 14 guntas of land in Sy.No.2 of Uttarahalli Manarvarthe Kaval Village, Uttarahalli Hobli, Bangalore South Taluk was earmarked for formation of Ashraya Layout, by an order passed by the Deputy Commissioner on 7/10/2022. Learned counsel for the petitioners has drawn the attention of this Court to column No.11 of the RTC at Annexure-A, for the year 2022-23.

(2.) Learned counsel submits that earlier too some of the persons had approached this Court in W.P.No.7736/2020 and this Court by order dtd. 26/7/2022 permitted the petitioners to give representations and directed the respondents to consider their representations for allotment of sites under the "Ashraya Yojane Scheme". This Court had directed that the State Government will look into the grievance of the petitioners and pass necessary orders within a time frame. The prayer in this writ petition is to issue a writ of mandamus directing the respondents not to disposes the petitioners without following the due process of law. A prayer is also made to direct the respondents to consider the representations given by the petitioners for allotment of sites under the "Ashraya Scheme". Learned counsel would further submit that recently the 7th respondent Assistant Executive Engineer, BWSSB, has been making claims that a portion of the land in question i.e., 1 acre 7 guntas have been allotted for establishment of "Jaladhare Scheme".

(3.) When a question was posed to the learned counsel for the 7th respondent - BWSSB as to whether any such order was made in favour of the BWSSB, learned counsel submits that till now he has no such information. Nevertheless if it is true that part of the land has been allotted to the BWSSB or granted by the competent authority and the BWSSB has already taken possession of such land, the BWSSB may be permitted to defend the allotment made to it.