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MUGA @ KALAIAH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


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

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