ASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition the petitioners have challenged the order dtd. 10/2/2011 (Annexures D & E), passed by the respondent Nos.2 and 3, respectively.

(2.) The relevant facts for adjudication of this petition are that, the respondent No.2 has allotted five acres in survey No.227 of Kangrali village of Belgaum taluk to the Karnataka Government Motor Drivers Association, Belgaum (hereinafter referred to as 'Association') for the purpose of distribution of sites for construction of residential buildings to its members. The layout plan was approved by the Belgaum Urban Development Authority, Belgaum (BUDA). The petitioners are the members of the Motor Driver Association and they have been granted respective sites by way of lease-cum- sale agreement produced along with the writ petition. The name of the petitioners have been reflected in the revenue records. In the meanwhile, BUDA has formed 30 feet road in width which was carved out in five acres of land which has been allotted in favour of the Motor Drivers Association. In the meanwhile, the 3rd respondent herein has issued notice dtd. 26/5/2006 to the petitioners with regard to the cancellation of allotment of sites to them as some of the members are intended to so. Thereafter, the petitioners made reply to the said notice. In the meanwhile, the 3rd respondent has issued notice dtd. 25/8/2007, stating that, the petitioners and the Tahashildar, Belagavi, are opposite party in the said proceedings as per Annexure-D to the writ petition. The Assistant Commissioner, Belagavi Sub-Division by order dtd. 14/10/2008, set aside the mutations made in respect of the petitioners herein and feeling aggrieved by the same, the petitioners have approached the Deputy Commissioner, Belagavi, in Appeal No.RB.RTA.111/2008- 09 and as such by order dtd. 10/2/2011, the Deputy Commissioner disposed of the petition and feeling aggrieved by the same, the present writ petition is filed.

(3.) Heard Sri. Mrutyunjaya Tata Bangi, learned counsel for the petitioners and Sri. Vinayak S. Kulkarni, learned AGA for the respondents.