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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF SEPTEMBER, 2021

PRESENT

THE HON'BLE MR.SATISH CHANDRA SHARMA,

ACTING CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.3415/2018 (GM-KHB-PIL)

BETWEEN

1 . K.S. CHANDRASHEKARA

S/O SRINIVASA

AGE 52 YEARS,

SHIVAMOGGA ROAD,

1^ST WARD, HOSANAGARA

SHIVAMOGGA-577 418

2 . B.RAMESH

S/O LATE SUBBANNA

AGE: 52 YEARS,

NO.212, S N ROAD,

HOSANAGARA

SHIVAMOGGA

KARNATAKA-577 418

3 . MANJUNATH

S/O LATE SANJEEVA

AGE: 48 YEARS,

NO.674/4, MARIGUDDA ROAD,

HOSANAGARA

SHIVAMOGGA-577 418

4 . SURESH B.S.

S/O B SATHYANARAYANA SHETTY

AGE: 49 YEARS

NO.872/2,

SHIVAMOGGA ROAD,

2

HOSANAGARA

SHIVAMOGGA-577 418

... PETITIONERS

(BY SRI. PRASAD B.S., ADV.)

AND:

1 . THE STATE OF KARNATAKA

BY ITS SECRETARY

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT DEPARTMENT

M.S. BUILDING,

BANGALORE-560 001

2 . THE SECRETARY

P.W.D. GOVERNMENT OF KARNATAKA

M.S. BUILDING

BANGALORE-1

3 . KARNATAKA HOUSING BOARD

CAUVERY BHAVAN

BANGALORE-1,

BY ITS COMMISSIONER

4 . THE ASSISTANT EXECUTIVE ENGINEER

PWD NO.4, SUB DIVISION

HOSANAGARA

SHIVAMOGGA-577 418

5 . TOWN PANCHAYATH

HOSANAGARA TOWN

HOSANAGARA

SHIVAMOGGA DISTRICT-577 418

REPRESENTED BY ITS CEO

6 . SMT S.V. VINODA BAI

AGE 60 YEARS,

W/O M.GURURAJ KICHADER

R/AT K.H.B. NO.1,

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA-577 418

7 . SRI S.P.SINJAV

S/O B.P.SANTHOLIN

AGE 52 YEARS,

3

R/AT K H B NO.2,

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA-577 418

8 . SRI PUTTASWAMY K.G.

AGE 40 YEARS,

S/O GUNDAPPA,

R/AT K H B NO.3,

OLD SAGARA ROAD

HOSANAGARA TOWN

SHIVAMOGGA-577 418

9 . SRI MANJUNATHA N.G.

AGE 47 YEARS,

S/O GAMAPPA

R/AT K H B NO.4

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA -577 418

10 . SRI GANGADHARA B

AGED 48 YEARS,

S/O BASAPPA,

R/AT K.H.B. NO.5,

OLD SAGARA ROAD

HOSANAGARA TOWN

SHIVAMOGGA-577 418

11 . LEELAVATHI

W/O NAGARAJA H

AGE 59 YEARS,

R/AT K H B NO.6

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA-577 418

12 . SRI K.M. RAVISHA

AGE 55 YEARS,

S/O MANJAIAH K

R/AT K H B NO.7

OLD SAGARA ROAD

HOSANAGARA TOWN

SHIVAMOGGA-577 418

4

13 . SMT SHARADAMMA H B

AGE 41 YEARS,

W/O JAGADEESH K H

R/AT K H B NO.8,

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA-577 418

14 . SRI ASHOK GULED

AGE 59 YEARS,

S/O TUKARAM GULED

R/AT K H B NO.9,

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA-577 418

15 . SRI M GANAPATHI

AGE 45 YEARS,

S/O MANJAPPA,

R/AT K H B NO.10,

OLD SAGARA ROAD,

HOSANAGARA TOWN

SHIVAMOGGA-577418

... RESPONDENTS

(BY SRI VIJAYAKUMAR A.PATIL, AGA FOR R1, R2 AND R4

SRI S.N.ASHWATHNARAYANA, ADV. FOR R3

SRI M.R.PATIL, ADV. FOR R5

SRI H.DAYANANDA SARASWATHI, ADV. FOR R6 TO R13

SRI.ASHWATH C.M., ADV. FOR R14 AND R15)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

LETTERS

DATED

24.07.2017

PASSED

BY

THE

R-3

VIDE

ANNEXURES-G, G-1 TO G-9 AND QUASH THE ORDER DATED

15.07.2017 PASSED BY THE R3 VIDE ANNEXURE-H.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE

FOLLOWING:

ORDER

The petitioners, being the permanent residents of

Hosanagara town, have filed the present public interest

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litigation being aggrieved by the action of the Karnataka

Housing Board (hereinafter referred to as 'KHB' for short) in

allotting the quarters of KHB and transferring the quarters

under the ownership of the KHB to the private respondents

i.e. respondent Nos.6 to 15 without following the due process

of law as provided under the Karnataka Housing Board Act,

1962

read

with

Karnataka

Housing

Board

Allotment

Regulations, 1983 (hereinafter referred to as 'Allotment

Regulations, 1983' for short.