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2022 Supreme(Online)(Kar) 50934
WP 30189/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2022
PRESENT
THE HON9BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON9BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.30189 OF 2017 (GM-RES)
BETWEEN:
1.
SRI. CHA. GU. NAGARAJU
S/O LATE SRI. GUNDAIAH
AGED ABOUT 46 YEARS
R/A NO.15/7, BABU JAGAJEEVANRAM
BADAVANE, CHAMARAJANAGAR TOWN
CHAMARAJANAGAR-571313
2.
SRI. MAHADEVAIAH
S/O LATE CHIKKANDAIAH
AGED 70 YEARS
R/A WARD NO.30, BABU
JAGAJEEVANRAM BADAVANE,
CHAMARAJANAGAR TOWN
CHAMARAJANAGAR-571313
3.
SRI. SHIVAKUMAR
S/O LATE CHIKKANARASAIAH
AGED 27 YEARS
BABU JAGAJEEVANRAM BADAVANE
CHAMARAJANAGAR TOWN
CHAMARAJANAGAR-571313
4.
SRI. SHIVANNA
S/O NIGARAJU
AGED 27 YEARS
BABU JAGAJEEVANRAM BADAVANE
WP 30189/2017
2
CHAMARAJANAGAR TOWN
CHAMARAJANAGAR-571313
5.
SRI. RAJANNA
S/O LATE RACHAIAH
AGED 65 YEARS
BABU JAGAJEEVANRAM BADAVANE
CHAMARAJANAGAR TOWN
CHAMARAJANAGAR-571313
...PETITIONERS
(BY SRI. G.R. MOHAN,ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE-560001
2.
THE DEPUTY COMMISSIONER
CHAMARAJANAGAR TOWN
CHAMARAJANAGARA-571313
3.
THE DEPUTY DIRECTOR
SOCIAL WELFARE DEPARTMENT
CHAMARAJANAGAR TOWN
CHAMARAJANAGARA-571313
4.
THE CHIEF OFFICER
CHAMARAJANAGAR TOWN MUNICIPAL
COUNCIL
CHAMARAJANAGAR TOWN
CHAMARAJANAGAR-571313
5.
BAPUJI SARVAJANIKA VIDYARTHINILAYA
RAMASAMUDRA
CHAMARAJANGAR TOWN
CHAMARAJANAGAR-571313
BY ITS PRESIDENT SRI. R.M. KANTHARAJU
...RESPONDENTS
WP 30189/2017
3
(BY SRI. S. RAJASHEKARA, AGA FOR R1 TO R3;
SRI. A. NAGARAJAPPA, ADVOCATE FOR R4;
SRI. RAGHUPATHY.T.N., ADVOCATE FOR C/R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO
THE R-1 TO 4 TAKE BACK FROM THE R5 SOCIETY THE ENTIRE
EXTENT OF LAND 2 ACRES AND 15 GUNTAS ASSESSMENT
NO.1549/1528 IN SURVEY NO.294/1A, 294/1B AND 294/2A
SITUATE IN KASABA HOBLI, CHAMARAJANAGAR TOWN, NOW
CHAMARAJNAGARA DISTRICT AND UTILIZE THE SAME FOR THE
PURPOSE OF CONSTRUCTION OF DR. BABU JAGNEEVANRAM
BHAVAN, HOSTEL AND EDUCATION BUILDING FOR THE WELFARE
OF THE HARIJANA STUDENTS AND COMMUNITY AT LARGE.
THIS WRIT PETITION COMING ON FOR FINAL HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
Heard.
This Public Interest Litigation was filed in the
year 2017 seeking for the following reliefs.
a. Issue Writ of Mandamus or directions to the
Respondents 1 to 4 take back from the 5th Respondent
Society the entire extent of land 2 Acre and 15 Guntas
Assement No.1549/1528 in Survey No.294/1A, 294/1B
and 294/2A, situate in Kasaba Hobli, Chamarajanagar
Town, Now Chamarajnagar District and utilize the same
for
the
purpose
of
construction
of
Dr.Babu
jagjeevanram Bhavan, hostel and educational building
for the welfare of the Harijan students and community
at large;
b. Pass such other order or orders as this Hon'ble court
may deem fit in the facts and circumstances of the
case in the interest of justice and equity.
4
The grievance of the petitioners at the time of
filing of the Writ Petition appears that 5th respondent was
not acting bonafide in the construction of Dr.Babu
Jagjeevanram Bhavan and hostel for which the land was
acquired and given to it.
The learned counsel for the 5th respondent
informs that the funds have been released by the State
Government for construction of Dr.Babu Jagjeevanram
Bhavan Bhavan and the construction is under progress and
being supervised by the Deputy Commissioner. It is
informed that the funds for the construction of hostel has
not been released and as such, no construction of the hostel
has been started. As soon as the funds are made available,
the construction of hostel would also start.
In view of the above, we do not find that 5th
respondent is responsible for the misuse of the land allotted
to it or for the delay in construction of Dr.Babu
Jagjeevanram Bhavan or hostel.
5
6.
The Writ Petition, as such, is disposed of with
the observations that the State Government may provide
the funds for the construction of the hostel to the 5th
respondent, who shall immediately construct the hostel as
soon
as
the
funds
are
made available
under
the
superintendence
of
the
2nd
respondent
-
Deputy
Commissioner.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
PRS*
