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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2024 PRESENT THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 52555 OF 2019 (GM-RES)
BETWEEN:
1. SRI. KALLAPPA, S/O LATE BHIMAPPA KADABALLAVAR, AGED ABOUT 73 YEARS, OCC-SOCIAL WORKER, R/O BASAVANAGARA, WARD NO.18, DHAVALESHWARA VILLAGE, MUDOL TALUK, BAGALKOT DISTRICT-587 312. 2. SRI. MOUNESH BADIGER, S/O IRAPPA, AGED ABOUT 36 YEARS, R/O DHAVALESHWARA, MUDHOL TALUK, Digitally signed BAGALKOT DISTRICT-587 312.
by SHARADA VANI B Location: HIGH 3. BASAVARAJ BADIGEREA, COURT OF S/O NARAYANA, KARNATAKA AGED ABOUT 33 YEARS, R/O WARD NO.10, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT-587 312.
4. SRI. SHRISHAI BADIGER, S/O IRAAPPA, AGED ABOUT 34 YERAS, AGRICULTURIST, R/O DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT-587 312.
5. YELLAPPA PATTANASHETTE, S/O TAMMANNA, AGED ABOUT 60 YEARS, AGRICULTURIST, R/O DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT-587 312.
PETITIONER No.1 & 5, SENIOR CITIZENSHIP BENEFIT NOT CLAIMED …PETITIONERS (BY SRI. G B NANDISH GODA., ADVOCATE)
AND:
1. STATE OF KARNATAKA, REP BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE SECRETARY, HOUSING DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001.
3. DEPUTY COMMISSIONER, MUDHOL TALUK, BAGALKOTE DISTRICT-587 313. 4. ASSITANT COMMISSIONER, JAMKHANDI, BAGALKOT DISTRICT-587 313.
5. TAHALSIDAR, MUDHOL TALUK, BAGALKOT DISTRICT-587 312. 6. SRI BABU RAO KAMATAGI, CHIEF OFFICER AND NODAL OFFICER, MAHALINGAPURA, BAGALKOTE DISTRICT-587 312.
7. SECRETARY, GRAM PANCHAYAT, DHAVALESHWARA, MUDHOL TALUK, BAGALKOTE DISTRICT-587 312. 8. RAYAPPA BHIMAPPA HALLI, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
9. HANAMANTH LAXMAPPA VADARATTI, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
10. MUTTAPPA LAXMAPPA VADARATTI, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
11. APPANNA YALLAPPA LOKURI, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
12. SIDMALAPPA NINGAPPA KARENNAVAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
13. MALAVVA MALLAPPA HALLUR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
14. NAGAPPA BASAPPA PATIL, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
15. MANAVVA H HIREMATH, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
16. YALLAVVA B TALWAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
17. MALA MUTTAPPA MANG, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
18. GEETA SURESH MADAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
19. BASAPPA VENKAPPA MADAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
20. BALACHANDRA YALLAPPA CHANNADASAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
21. KEMPAVVA DURAGAPPA CHANNASADAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
22. CHINNAVVA NARASAPPA CHANNASADAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
23. BHIMAPPA YALLAPPA CHANNASADAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
24. NAGARAJ SHETTEPPA CHANNASADAR, DHAVALESHWARA, MUDHOL TALUK, BAGALKOT DISTRICT – 587 312.
…RESPONDENTS (BY SMT. NILOUFER AKBAR.,AGA FOR R1 TO R5;
SRI. SAMMITH S., ADVOCATE FOR R14;
V.C.O DATED 26/06/2021, NOTICE TO R8 TO R13 & R15 TO R24 DEEMED TO HAVE BEEN SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SECURE THE RECORDS AND KINDLY DECLARE THE ALLOTMENTS MADE IN THE YEAR 2009 AS WELL AS 2011 PRODUCED AS PER ANNX-C AND C1, DATED NIL NUMBER NIL, ARE NOT AS PER THE GUIDELINE AND IF NECESSARY TAKE ACTION AGAINST THE THEN R-3 TO 5, WHO ILLEGALLY ALLOTTED BY DEFEATING THE OBJECT OF GOVERNMENT GUIDELINE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
1. Petitioners claiming to be public spirited citizens have presented this Petition in PIL Jurisdiction, in substance with a prayer for invalidation of allotment of house sites to the victims of Ghataprabha River flood during the relevant period.
2. Having heard the learned counsel for the Petitioners and the learned Additional Government Advocate appearing for the official Respondents, we decline indulgence in the matter for the following reasons:
(a) Firstly , the subject allotments were made way back in the year 2009 pursuant to Gram Panchayath Resolution dated 27.10.2009. Some alterations were made way back in the year 2011 itself, allegedly on the agitation of the villagers. Petitioners were before this court earlier in W.P.No.50720/2009 (PIL) and the same was withdrawn and that was negatived by a Co-ordinate Bench of this Court on 20.11.2019. There is absolutely no plausible explanation for the long delay brooked in the matter. It is not that the issue of culpable delay cannot be raised in PIL Jurisdiction as rightly contended by the learned Additional Government Advocate.
(b) There is culpable laches attributable to the Petitioners inasmuch as the allotment was sought to be made to as many as 295 families majority of whom belong to downtrodden classes, as the Petition papers themselves demonstrate. However, Petitioners are sectarian in litigating in the sense that out of these 295 allottees, only 22 are arrayed as Respondents, with no explanation whatsoever for not impleading the rest. Thus, Petition lacks the element of bona fide.
(c) A Complaint was raised before the Karnataka Human Rights Commission vide HRC No.5460/10/26/2015(B-3). The same having been investigated, the Commission vide Report dated 03.05.2018 found the Complaint to be false. This was preceded by the Report of Deputy Commissioner of Bagalkot District.
(d) After perusing the Records, we are of the considered opinion that the Authorities being the paren patria have provided sites/houses to the have-nots that too as a matter of public policy. There is absolutely no justification whatsoever for the Petitioners’ to put the same in challenge. The Petition runs counter to the public interest and therefore, the same is liable to be dismissed with exemplary costs.
In the above circumstances, the Petition being devoid of merits is liable to be and accordingly dismissed with costs of Rs.25,000/- (Rupees twenty five thousand) only payable by the first Petitioner Sri Kallappa s/o Bhimappa Kadaballavar and Rs.10,000/- (Rupees ten thousand) only payable by each of the other Petitioners to the Karnataka State Legal Services Authority, Bengaluru, within four weeks. Delay if brooked shall entail the Petitioners with an additional cost of Rs.100/- (Rupees one hundred) only, each per day.
Registry to send a copy of this order by Speed Post to each of the private Respondents and also to the Secretary, Karnataka State Legal Services Authority, Bengaluru.
CHIEF JUSTICE
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