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2015 Supreme(Online)(Kar) 20

KARNATAKA HIGH COURT
D. H. Waghela, C. J., *S. N. Sathyanarayana, J.
Ex-Servicemen & Economically Weaker Section Society Gopalapura v. Deputy Conservator of Forests Bangalore and Others
W. P. No. 9075 of 2006



1. The petitioner claiming itself as a registered society formed to espouse the cause of ex - servicemen and economically weaker section of the society has filed this petition seeking quashing of the order passed by 2nd respondent on 27.6.2006 in case No. RHS / CR / 44/1982-83 and also for restoration of possession of land bearing Sy. No. 47 of Kothnoor Village, K. R. Puram Hobli, Bangalore East Taluk and other reliefs.

2. This writ petition was initially classified as GM - RES and heard by learned single judge for some time, thereafter, by order dated 31.5. 2011, assigned to Division bench and heard by this bench for final hearing.

3. The facts as stated in the writ petition are that; in the year 1972-73 the petitioner society approached 3rd respondent - State Government for allotment of sites to houseless ex - servicemen and economically weaker section of the society for construction of house for their use and occupation. The 3rd respondent Government conceding to the request of petitioner society decided to allot sites in Sy. No. 47 of Kothanoor Village of K. R. Puram Hobli. Pursuant to that, Block Development Officer, Bangalore South Taluk proposed formation of a layout consisting of 762 sites in Sy.No.47 of Kothanoor Village, which is gomal land and sent the said proposal to 2nd respondent - Deputy Commissioner of Bangalore, who accepted the same and released the gomal land for formation of layout. Thereafter, the Block Development Officer formed full - fledged layout and by identifying the ex - servicemen and members belonging to economically weaker section of the society, who neither own a house nor site, allotted aforesaid sites by distributing Hakku - Pathra (Possession Certificate). Pursuant to such allotment, allottees took possession of the sites, many of them constructed houses and are residing in the said houses. It is further stated that apart from allotting sites to ex - servicemen, residents of Kothnoor Village were also allotted sites. It is stated that sites which are allotted to local people are fully utilized and built up. The sites which are allotted to the ex - servicemen are said to be situated next to the developed area which is in occupation of local people.

4. It is the case of petitioners that certain local residents encroached into the land on which sites allotted to ex - servicemen are situated. Since the ex - servicemen / allottees have come from different parts of the country, they could not resist such encroachment, they approached the Government through representation dated 10.8.2000 to clear the encroachment on the said site. As there was no response from the authorities, they filed writ petition in WP No. 27623/2000 (GM - Res), which came to be disposed off on 10.8.2000 with a direction to respondent in the said writ petition to consider their representation.

5. Pursuant to the direction of this Court in the aforesaid writ petition, the 2nd respondent considered the representation of the petitioner in proceedings No. RHS / CR / 44/1982-83 and rejected the same vide order dated 27.6.2006, which is under challenge in this writ petition. In this writ petition respondents 1 to 6 are represented by Government Advocate and 7th respondent - CEO of Zilla Panchayath is represented by its counsel. All the respondents supported the impugned order and opposed the petition on the ground that the pleadings are not supported by the documents. That the pleadings to the effect that at the instance of the petitioner society the Government approved formation of the layout by the Block Development Officer and distributed the same in favour of ex - servicemen and economically weaker section of the society, is denied for the reason that admittedly the society is said to have been formed in the year 1999. There is no document on record with reference to the society approaching the Government in the year 1972-73, seeking allotment of sites in favour of ex - servicemen and economically weaker section of the societ








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