1

W.P.No.1863/2008

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2018

PRESENT

HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

AND

HON'BLE MR.JUSTICE P.S.DINESH KUMAR

WRIT PETITION No.1863/2008 (LB-RES) PIL

BETWEEN :

1.

AMBEDKAR YUVAKA SANGHA

REPRESENTED BY ITS SECRETARY

MANJUNATHA

AGED ABOUT 27 YEARS

S/O HANUMANTHA RAJU

@ RAMAKRISHNAPPA

HAMPAPURA VILLAGE

H.D.KOTE TALUK

MYSURU DISTRICT

2.

RAKESH @ BASAVARAJU

S/O LATE CHAMAIAH

AGED ABOUT 31 YEARS

HAMPAPURA VILLAGE

H.D.KOTE TALUK

MYSURU DISTRICT

3.

DEVARAJU

S/O LATE ANKAIAH

AGED ABOUT 36 YEARS

HAMPAPURA VILLAGE

H.D.KOTE TALUK

MYSURU DISTRICT

2

W.P.No.1863/2008

4.

SIDDARAJU S/O SUBBAIAH

AGED ABOUT 27 YEARS

HAMPAPURA VILLAGE

H.D.KOTE TALUK

MYSURU DISTRICT

... PETITIONERS

(By Sri P MAHESHA, ADV.,)

AND :

1.

THE STATE OF KARNATAKA

BY ITS SECRETARY

RURAL DEVELOPMENT AND

PANCHAYATH RAJ DEPARTMENT

M.S.BUILDINGS

BENGALURU-560 001

2.

THE CHIEF EXECUTIVE OFFICER

MYSORE ZILLA PANCHAYATH

MYSURU

3.

THE EXECUTIVE OFFICER

TALUK PANCHAYATH

H.D.KOTE TALUK

MYSURU DISTRICT

4.

THE SECRETARY

GRAM PANCHAYATH

HAMPAPURA VILLAGE

H.D.KOTE TALUK,

MYSURU DISTRICT

5.

PARVATHAMMA

D/O MARISWAMAIAH

MARRIED

AGED ABOUT 54 YEARS

SRIRAMPURA VILLAGE

MYSURU TALUK

3

W.P.No.1863/2008

6.

H C VEERABHADRAPPA

S/O. H.S. CHENNEGOWDA

SINCE DECEASED BY LR’S

6(a) RAVI H.V.

S/O LATE H C VEERABHADRAPPA

AGED ABOUT 42 YEARS

HAMPAPURA VILLAGE & POST,

H.D.KOTE TALUK

MYSURU DISTRICT.

6(b) NAVEEN H.V.

S/O LATE H C VEERABHADRAPPA

AGED ABOUT 39 YEARS

HAMPAPURA VILLAGE & POST,

H.D.KOTE TALUK

MYSURU DISTRICT.

6(c) SMT. RAJINI H.V.

D/O LATE H C VEERABHADRAPPA

W/O. SRI LOTHITH

AGED ABOUT 32 YEARS

DEVARASANAHALLY VILLAGE AND POST,

NANJANGUD TALUK,

MYSURU DISTRICT.

7.

GANGADHARAIAH

S/O MARISHWAMAIAH

AGED ABOUT 57 YEARS

HAMPAPURA VILLAGE

H.D.KOTE TALUK

MYSURU DISTRICT

8.

PUTTAMADAIAH

S/O KARIYAIAH

SINCE DECEASED BY LR’S

8(a) SMT. MARISIDDAMMA,

W/O. LATE PUTTAMADIAH

AGED ABOUT 77 YEARS

HAMPAPURA VILLAGE & POST

4

W.P.No.1863/2008

H.D.KOTE TALUK

MYSURU DISTRICT – 571 125

8(b) SMT. MANJULA,

D/O. LATE PUTTAMADIAH

(ALREADY ON RECORD AS 9^TH RESPONDENT)

9.

P MANJULA

D/O PUTTAMADAIAH

MARRIED, TEACHER

MADAPURA VILLAGE, GOVT. SCHOOL @

H.D.KOTE TALUK

R/AT HYRIGE VILLAGE

H.D.KOTE TALUK

MYSURU DISTRICT

... RESPONDENTS

(By SRI S.H. PRASHANTH, AGA FOR R1;

SRI B.J. SOMAYAJI, ADVOCATE FOR R2-R4;

SRI RAMESHA H.E, ADVOCATE FOR

SRI T.N. RAGHUPATHY, ADVOCATE FOR R5, R6(a-c),

R7, R8 (a & b) & R9)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO DIRECT THE RESPONDENTS 1 TO 4 TO CONSIDER

THE

NOTICE

OF

THE

PETITIONER

ISSUED

TO

RESPONDENTS 1 TO 4 VIDE ANNEXURE-G AND TAKE

NECESSARY ACTION TO RECOVER THE SCHEDULE

SITES FROM RESPONDENTS 5 TO 9 AND RE-GRANT THE

SAME IN FAVOUR OF THE PERSON WHO ARE REAL

POOR AND BACKWARD PEOPLE AND ELIGIBLE FOR THE

GRANT OF SITES AT HAMPAPURA VILLAGE AND

IMPLEMENT THE SCHEME PROPERLY IN ACCORDANCE

WITH LAW AND ETC.,

5

W.P.No.1863/2008

THIS WRIT PETITION COMING ON FOR FINAL

HEARING THIS DAY, P.S. DINESH KUMAR, J. MADE THE

FOLLOWING:

ORDER

The grievance of the petitioners in this writ petition is

that the lands in question have been granted in favour of

private respondents contrary to Section 209 of the Panchayat

Raj Act, 1993.

2.

The petitioners have submitted a representation as per

Annexure-G to respondents No.1 to 4 herein and prayed for

consideration of their representation in this writ petition.

3.

Having heard learned counsel for the petitioners and

learned Additional Government Advocate, we are of the view

that justice would be subserved by directing respondent No.2-

Chief Executive Officer, My