JUDGMENT :

NAGARATHNA, J.

The legality and correctness of order dated 07.07.2015 passed in Writ Petition Nos.11697-111741 of 2014 and Writ Petition Nos.111742-111744 of 2014 is assailed by some of the writ petitioners in these appeals.

2. Though these appeals are listed for preliminary hearing along with I.A. No.1 of 2017 seeking condonation of long delay of 563 days in filing the appeal, we have nevertheless heard learned counsel for appellants on merits.

3. The appellants herein were the writ petitioners, who assailed Annexure-A, being Resolution dated 31.10.2014 passed by the sixth respondent-Chairman of the City Ashraya Committee, Koppal, and also Member of Legislative Assembly, Koppal and sought a direction to the first and second respondents to consider and pass an order of allotment as per the list of beneficiaries produced at Annexures-‘E’ and ‘G’ under the Integrated Housing and Slum Development Programme (IHSDP-hereinafter referred to as “Centrally Sponsored Scheme” for the sake of convenience). Learned Single Judge, who considered the writ petitions, by the impugned order, has dismissed the same by holding that the petitioners have no vested right to seek allotment of the houses constructed under the Centrally Sponsored Scheme at Bahaddoorbandi Road. That the Government can allot any house either constructed under the Centrally Sponsored Scheme or under Ashraya Scheme for houseless poor persons. Therefore, the petitioners cannot contend that they must be allotted houses only at Bahaddoorbandi Road and not the houses constructed under Ashraya scheme. Learned Single Judge has also held that Annexure-A is an order which is in the interest of social justice of all parties and that there is no infirmity in the said order.

4. We have heard learned counsel for the appellants on several dates. This matter was listed before this Court on 14th November 2018. Thereafter, on 20th November, 23rd November, 12th December, 19th December, 21st December 2018 and even subsequently on 8th January 2019, 23rd January, 25th January and today (05th February 2019). Today, we have heard learned counsel for the appellants in the pre-lunch session as well in the post-lunch session, as also learned Additional Government Advocate for respondent No.1.

5. Briefly stated the facts are that, land bearing Sy.No.438 measuring five acres six guntas situate at Bahaddoorbandi Road, Koppal, was handed over to the Slum Development Board for construction of 238 houses under the Centrally Sponsored Scheme-IHSDP. The Slum Development Board constructed the said houses through Koppal District Nirmithi Kendra. Thereafter, by Communication dated 09.03.2011, 3rd respondent took possession of the constructed houses and settled the bill. The Deputy Commissioner, Koppal-first respondent herein issued a notification dated 01.03.2012 calling for applications from the eligible, poor and houseless persons for allotment of constructed houses under the said scheme. A paper advertisement dated 01.03.2012 was also issued. 145 applications were received. After scrutiny, 130 applicants were found eligible for allotment of houses and accordingly, a list of 130 beneficiaries was prepared and the appellants herein claim to be the beneficiaries amongst 130 persons in the said list. So far as the remaining houses are concerned, another paper advertisement dated 04.12.2012 was issued calling for applications from the eligible persons for allotment of houses. A large number of applications were received. In response to the same, Karnataka Slum Development Board prepared a list of 238 persons but no steps were taken for allotment to those persons who were found eligible for allotment of houses under the Scheme.

6. The persons who thought they were eligible, formed an association and requested the Deputy Commissioner for allotment of houses as per the list of beneficiaries prepared. Since the Deputy Commissioner did not take any step, petitioners preferred Writ Petition No.84786 of 2013 and c