VENKATARAVANAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE writ petitioner is a person who had been given a vacant plot of land measuring 30x40 under the name and signature of the Block Development Officer and the Tahsildar, Srinivasapura Taluk, in terms of a site entitlement dated 20. 1. 1993. The Block Development Office and the Tahsildar were acting as a part of the Taluk House Committee constituted for the Purpose of distribution of sites to house less persons.

(2.) IT is in respect of such an allotment of house site that the authorities it appears have instituted further action at the instance of some disgruntled elements in the village who it appears had approached the Chairman and other persons of the Ashraya Yojane Housing Committee requesting the Committee to cancel the allotment in favour of the petitioner and to ensure that the site which had been allotted in favour of the petitioner to be retained as a play ground as the neighbouring land it appears hid been earmarked and allotted for the purpose of construction of a school building. The allotment in favour of the petitioner having been cancelled in terms of the proceedings dated 11. 4. 2001 copy at Annexure-F which was presided over by the Member of the Assembly of the Constituency and on the premise that the petitioner in spite of issue of notice had failed to make good as to the basis on which the site had been allotted and also as the records with the Committee did not indicate that the site of this nature had been allotted in favour of the petitioner the petitioner has approached this Court praying for quashing of this endorsement and other incidental reliefs.

(3.) SRI Papi Reddy, learned counsel appearing for the petitioner submits that the very right of the petitioner is under the allotment letter dated 20. 1. 1993 that the petitioner was an applicant under the scheme praying for house site under the scheme that the very Committee had allotted a site measuring 30x40' in his favour but the petitioner was not allowed to put up a structure not only due to financial constraints but also due to the interference by other disgruntled elements particularly by one Sri Venkataramanappa because of whose interferences, the petitioner was constrained to file a suit in O. S. No. 300/1999 before the Court of Civil Judge (Jr. Dn.), Srinivasapura and the said suit was decreed in terms of an order dated 27. 11. 1999 and is thereafter that the person had started moving the authorities to ensure that the allotment in favour of the petitioner itself was cancelled and that he can grab the site by hook or crook and the proceedings at. Annexure-F being without a valid notice and proper opportunity to the petitioner and having the effect of affecting the rights of the petitioner requires to be quashed and appropriate directions issued to the respondents.