The petitioners claim that they were allotted sites No.82

measuring 25 x 30 ft and No.221 measuring 20 x 30 ft. situated

3

at Block No.2, Holenarasipura, Hassan District by the

respondents under Ashraya Scheme. Though the hakkupatras

were issued, the 5th respondent has not handed over the vacant

possession of the said sites.

2.

The learned counsel appearing for the petitioners

submits that the petitioners having been allotted the subject sites

under the Ashraya Scheme, the 5th respondent is under an

obligation to handover the vacant possession of the subject sites

as specified under the Ashraya Scheme.

3.

On the other hand, the learned counsel appearing for

the 5th respondent submits that after conducting an enquiry, the

petitioners were found to be ineligible for allotment sites under

the Ashraya Scheme and as such, the competent Authority has

cancelled the allotment made in favour of the petitioners. The

cancellation of allotment of sites made in favour of the petitioners

was notified by publishing the same in `Janamithra' daily local

newspaper on 7.12.1997. Hence, he submits that the petitioners

are not entitled for possession of the subject sites when the

allotment made in their favour is cancelled by the competent

Authority.

4

4.

The

learned

High

Court

Government

Pleader

appearing for the respondents No.1 and 2 and the learned

counsel appearing for the respondents No.3 and 4 would reiterate

the submission made by the learned counsel appearing for the

5th respondent.

5.

I have examined the submissions made by the

learned counsel appearing for the parties.

6.

Initially, the subject sites were allotted in favour of

the petitioners under the Ashraya Scheme. Thereafter, an

enquiry was conducted by the Tahsildar concerned to verify as to

whether the petitioners and others were eligible for allotment of

sites under the Ashraya Scheme. The Tahsidlar concerned after

conducting an enquiry submitted a report to the Assistant

Commissioner concerned stating that the petitioners are ineligible

for allotment of sites under the Ashraya Scheme. The Assistant

Commissioner concerned after verifying the report submitted by

the Tahsildar concerned cancelled 713 sites allotted to the

beneficiaries including the petitioners herein stating that they

were ineligible for allotment of sites under the Ashraya Scheme.

In view of the cancellation of sites, relief cannot be granted.

5

Accordingly, writ petition stands dismissed. However,

liberty is reserved with the petitioners to submit an appropriate

application with the Authority concerned for allotment of sites

under the Ashraya Scheme, if they are otherwise eligible.

Sd/-

JUDGE

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