ROOPASHREE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The unfortunate petitioners who have filed the applications for allotment of 20 x 30 feet sites for each beneficiary under 'Ashraya Urban Scheme' for free house sites to the site-less and house less persons for Economically Weaker Sec. in urban areas are before this Court, for a writ of certiorari to quash the resolution dated 07.03.2017 vide Annexure-M passed by the 5th respondent Committee, insofar as it relates to Sl.No.10 is held illegal and against law and for a writ of mandamus directing the respondent Authorities to consider the representations dated 11.12.2014, 15.06.2016 and 06.07.2016 vide Annexures F, G and H respectively and to implement the 'Ashraya Urban Scheme' by allotting the sites and issuing Hakku Patras in favour of the petitioners in Sy.No.64 measuring 4 acres situated in Doddabidarakallu Village, Yelahanka Hobli, Bangalore North Taluk.

(2.) It is the case of the petitioners that the 1st respondent State Government by the order dated 03.09.2014 reserved the land in Sy.No.64 measuring 4 acres situated in Doddabidarakallu Village, Yelahanka Hobli, Bangalore North Taluk to Ashraya Urban Scheme. The possession of the said land was handed over to the 5th respondent - allotting authority for implementation of the scheme on 28.11.2014. On 11.12.2014 the petitioners' Association has made representation to the 5th respondent Committee for allotment of sites. On 06.04.2015 a meeting was held in the presence of Founder President of the petitioners' Association, where a decision was taken to implement the 'Ashraya Urban Scheme'.

(3.) Since the petitioners' representations were not considered, they were constrained to approach this Court by filing Writ Petition No. 52915/2016 and Writ Petition Nos.53296-53475/2016 seeking for a writ of mandamus directing the authorities to consider the representations for implementation of 'Ashraya Urban Scheme' by allotting sites in Sy.No.64 measuring 4 acres situated at Doddabidarakallu Village, Yelahanka Hobli, Bangalore North Taluk. This Court, after hearing both the parties by the order dated 06.10.2016 disposed off the writ petitions and directed the Tahsildar to collect materials and place before the 5th respondent Committee, thereafter the 5th respondent Committee shall take a decision and convey the decision to the 1st respondent State Government as expeditiously as possible, but not later than six months. After the remand, the 4th respondent Tahsildar by a recommendation letter dated 02.02.2017 addressed to the 5th respondent - Committee, recommended for allotment of sites. The 5th respondent by the impugned resolution dated 07.03.2017 rejected the claim of the petitioners which is mentioned at paragraph 10 of the resolution, mainly on the ground that they are not residents of urban area. Hence the present writ petitions are filed.