M SRVAR KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants are the writ petitioners in w. P. 10647/06 where in by proceedings of the fourth respondents dated 12. 7. 2006 the representation for sale of the quarters under their occupation was rejected and a direction given to vacate the respective quarters within 15 days from 12. 7. 2006, was confirmed by an order of the learned Single judge dated 3rd June, 2008.

(2.) IN brief, the petitioners are the retired Group-D employees of Public works Department and they were allotted individual quarters for their occupation during their service, but even after superannuation they continued in occupation of the respective quarters and represented to the government to convey the respective quarters on lease-cum-sale basis. Since the Government proposed to evict the petitioners from the respective quarters in July, 1997, the petitioners approached this Court in W. P. Nos. 24482-86/1997 and 20499/1997 and this Court by an order dated 22nd july, 1999 in W. P. No. 20499/97 directed the Government of Karnataka to consider the representation of the petitioners to convey the property in their favour on lease-cum-sale basis on various schemes in accordance with law. Thereafter the Government by proceedings dated 12. 7. 2006 rejected their claim Pursuant to the above directions of this Court dated 22nd July, 1999 the petitioners made further representation staking claim for conveyance of their respective quarters on lease-cum-sale basis based on the proceedings of the Government of Mysore dated 16. 6. 1964.

(3.) BY proceedings dated 16. 6. 1964 the Government of Mysore considered the request of 778 tenaments. In the said proceedings dated 16. 6. 1964 the Government took a policy decision as to the disposal of 778 tenaments which were constructed for the industrial workers in the hyderabad-Karnataka Area under the subsidised Industrial Housing scheme after the States' re-organisation. The PWD took the control of the same after re-organisation and the responsibility of maintenance and collection of rent from the occupants were thus transferred to the PWD. The Government while considering the request of the then occupants took into consideration the condition of the quarters which were in a poor and dilapidated state; the hard circumstances under which the NGOs had to occupy these quarters viz. there was no other alternative accomodation elsewhere in Gulbarga, took the policy decision to sell those tenaments as hereunder: