LALITHA Vs. CHIEF SECRETARY, STATE OF KARNATAKA

JUDGEMENT

(1.) Though matter is listed for 'Hearing on Interlocutory Application' it is taken up for final disposal by consent of learned Advocates appearing for parties and in view of the fact that rule nisi has been issued on 15.12.2012.

(2.) Heard Sri. M. Shiva Prakash, learned counsel appearing for petitioners and Sri. Y.D. Harsha, learned AGA appearing for respondent-State. Perused the records.

(3.) Petitioners are said to be agricultural labourers belonging to economically low income group and had been identified as siteless and houseless persons of Katihalli Village, Hassan Taluk and District, which village was under the administrative control of Katihalli Village Mandal Panchayath. Sites formed in Sy. No. 17 in an extent of 4 acres had been granted in favour of petitioners, which had been formed by Mandal Panchayath by passing a resolution in that regard. Said Mandal Panchayath on identifying 107 beneficiaries is said to have allotted sites to the persons belonging to socio economically weaker section by issuing Hakkupatras as per list-Annexure-A. Said Hakkupatras issued to petitioners has been produced at Annexures-B to B-29. It is thereafter khatha came to be issued in favour of allottees by Mandal Panchayath and taxes have been collected from petitioners as per Annexures-C-1 to C-10 and D-1 to D-10 respectively. Since sites allotted to petitioners by Mandal Panchayath having not been regularized, petitioners are before this Court.