Quashed

Girija W/O. Sidramayya Gurushantanavar v. the State of Karnataka

Karnataka HC20 Sept 2019WP/106598/2015

Case brief

AI extract

What is this about?

High Court of Karnataka set aside impugned orders cancelling allotments under the Ashraya Scheme, finding a violation of natural justice due to lack of notice. Court directed the Tahasildar to initiate fresh proceedings within three months.

What did the court decide?

Impugned orders cancelled allotments via annexures F and H set aside for violation of natural justice. Petitioners directed to appear before Tahasildar for fresh proceedings with notice within three m

Girija W/O. Sidramayya Gurushantanavar Vs the State of… — Land Acquisition | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

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WRIT PETITION Nos.106598-106645/2015 (LB-RES)

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BETWEEN

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GIRIJA W/O. SIDRAMAYYA GURUSHANTANAVAR, AGE: 40 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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GANGAMMA W/O. PRABHAYYA NANJAYYANAMATH, AGE: 60 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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DEEPA W/O. BASAYYA NANJAYYANAMATH, AGE: 30 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SAVITRI W/O. VEERAYYA NANJAYYANAMATH, AGE: 45 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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BHAGIRATHI W/O. MANOHAR RAMDURG, AGE: 60 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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REKHA W/O. GANESH BHADRANNAVAR, AGE: 35 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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ANNAPURNA W/O. SANGAYYA NANJAYYANAMATH, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SAVITA W/O. RAMESH ANGADI, AGE: 28 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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KASTURIBAI W/O. SHIVANAPPA ANNANAVAR, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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LALITA W/O. NEELAPPA ANGADI, AGE: 37 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SHIVAGANGAVVA W/O. SANJEEVAPPA SANADI, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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KASTUREVVA W/O. SANGAPPA MADAR, AGE: 25 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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YAMANAVVA W/O. HANAMAPPA MADAR, AGE: 35 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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RENAVVA W/O. RANGAPPA MADAR, AGE: 38 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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MANJAVVA W/O. RAVI MADAR. AGE: 28 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SATYAVVA W/O. YAMANAPPA MADAR, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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RENAVVA W/O. HANAMAPPA KERUR, AGE: 38 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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YALLAVVA D/O. MUTTAVVA MADAR, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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REKHA W/O. HANAMANT GANTI, AGE: 31 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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PRAMEELA W/O. SUBHASH BADIGER, AGE: 40 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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GAYATRI W/O. NAGENDRA NIRANJAN, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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NOORJAHAN W/O. BANDAGISAB RAKKASAGI, AGE: 45 YEARS, OCC: COOLI, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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JAIBHUNA W/O. BANDENAVAZ JANNATKHAN, AGE: 40 YEARS, OCC: COOLI, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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ANASUYA W/O. RAMACHANDRAPPA GADED, AGE: 50 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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DRAKSHAYANI W/O. SHANKRAPPA KANDAGAL. AGE: 38 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SUMANGALA W/O. REVANEPPA RAMDURG, AGE: 40 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SHIDDAVVA W/O. VEERAPPA PYATIGOUDAR, AGE: 34 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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PARVATEVVA W/O. DEVENDRAPPA HONGAL, AGE: 42 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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BHARATI W/O. MAHANTESH HONGAL, AGE: 36 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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MALLAVVA W/O. MAHANTESH HULYAL, AGE: 33 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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LAXMI W/O. NARAYANAPPA SUGGAMAD, AGE: 35 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SUNANDA W/O. NARAYANAPPA CHICHAMI, AGE: 48 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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HANAMAVVA W/O. NEELAPPA HAVARGI, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SHANTAVVA W/O. BASAVARJ BHAVIKATTI, AGE: 38 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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KAMALABAI W/O. VITTALGOUDA GOUDAR, AGE: 50 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND,. DIST: BAGALKOT.

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MANJULA W/O. NARAYANA GADI, AGE: 41 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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ARUNDATI W/O. BALARAMAPPA GUNDAMI, AGE: 45 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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PURNIMA W/O. JAMPANNA SHEBANAKATTI, AGE: 34 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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BASAVARAJ W/O. PAMPANNA KOLLI, AGE: 40 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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LAXMIBAI W/O. TIPPANNA SHIRUR, AGE: 28 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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MAHIBOOBSAB W/O. AMEENSAB BIJAPUR, AGE: 38 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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IMAMBI W/O. BANDAGISAB SADHANI, AGE: 40 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SHANTAVVA W/O. SHIVAPPA JAGAGOUDAR, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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RABIYABEGUM W/O. NAJEERAHAMAD MULLA, AGE: 45 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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NAJEERAHAMAD S/O. DADESAB MULLA, AGE: 40 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SHIDDAPPA S/O. IRANNA MUDDI, AGE: 35 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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SAHIDBASIR S/O. AHAMMED MULLA, AGE: 35 YEARS, OCC: COOLIE, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT.

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MALLAVVA W/O. VASAPPA DUTTARAGI, AGE: 55 YEARS, OCC: WEAVER, R/O. SULEBHAVI, TQ:HUNAGUND, DIST: BAGALKOT. ..... PETITIONERS

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(BY SRI MRUTYUNJAYA S.HALLIKERI, ADV.)

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AND

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THE STATE OF KARNATAKA HOUSING DEPARTMENT, VIKASA SOUDHA, BENGALURU, R/BY PRINCIPAL SECRETARY.

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THE MANAGING DIRECTOR, RAJIV GANDHI RURAL HOUSING CORPORATION LTD, PLOT NO. 1-4, RAJAJI NAGAR, IT PARK, NORTH BLOCK, 1^ST FLOOR, 4^TH MAIN ROAD, RAJAJI NAGAR INDUSTRIAL ESTATE, RAJAJI NAGAR, BENGALURU-10.

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THE SPECIAL OFFICER, RAJIV GANDHI RURAL HOUSING CORPORATION LTD, PLOT NO. 1-4, RAJAJI NAGAR IT PARK, NORTH BLOCK, 1^ST FLOOR,

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4^TH MAIN ROAD, RAJAJI NAGAR INDUSTRIAL ESTATE, RAJAJI NAGAR, BENGALURU-10.

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THE DEPUTY COMMISSIONER, DISTIRCT ADMINISTRATION OFFICE, NAVANAGAR, BAGALKOT.

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THE TAHASILDAR, HUNAGUND, TQ:HUNAGUND, DIST: BAGALKOT.

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THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, DIST: BAGALKOT.

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THE CHIEF EXECUTIVE OFFICER, TALUKA PANCHAYATH, TQ: HUNAGUND, DIST: BAGALKOT.

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THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYATH, SULEBHAVI , TQ: HUNAGUND, DIST: BAGALKOT.

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..... RESPONDENTS

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(BY SRI V.S. KALASURMATH, HCGP FOR R1, R4 & R5 SRI JAGADISH PATIL, ADV. FOR R-7 & R-8)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 16.04.2015 BEARING NO. JIPAMBAA: ABHIVRUDDI:VASATI:VINIDI: 2013/14-15/159 PASSED BY THE RESPONDENT NO.6 VIDE ANNEXURE-H INSOFAR AS PETITIONERS ARE CONCERNED AND THE LETTERS DATED 10.06.2015 BEARING NO. GRAPAMSU:VASATI:2015-16/-01 PASSED BY THE RESPONDENT NO.8 VIDE ANNEXURE-F, F1 TO F12.

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THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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The petitioners being aggrieved by the order of respondent No.8 at Annexure-F series as well as the order at Annexure-H canceling the allotments with a direction to evict the occupants in the said sites and initiate necessary action, have filed the present petitions.

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The counsel for the petitioners contends that

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they have not been notified and the enquiry that is stated to have been made has been without notice to the petitioners. It is further submitted that there is no dispute that allotment letters have been issued to the petitioners under the Ashraya Scheme. Any order that is to be passed including cancellation of the allotment of the petitioners ought to be preceded with notice to the petitioners.

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The conclusion of proceedings culminating

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in passing of the impugned order at Annexures-F and H

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are admittedly without notice to the petitioners. On this ground itself, taking note of the violation of principles natural justice, the impugned order at Annexures-F series and H are set aside.

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It is also to be noted that the proceedings for

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cancellation cannot be by any authority other than the authority making allotments and as the allotment of the sites to the petitioners was by the Tahasildar, the Tahasildar is at liberty to initiate appropriate proceedings on the basis of the complaints made to the Zilla Panchayat.

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Accordingly, the Tahasildar to initiate appropriate proceedings after notice to the petitioners and affected parties pursuant to the complaints and conclude the same within a period not later than three months from 10^th of October, 2019.

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Insofar as the present petitioners are concerned, the petitioners to present themselves before

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the Tahasildar on 10^th of October, 2019 without further notice.

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Learned H.C.G.P. states that notice in appropriate form will be issued to all the affected parties.

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In light of the discussion made as above, the impugned order dated 16.04.2015 passed by respondent No.6 at Annexure-H is set aside. Similarly, the communications at Annexures-F, F1 to F12 are set aside. It is, however, clarified that the Tahasildar to conduct the proceedings by following due procedure and providing sufficient opportunity to the affected parties to place their case before the authorities. Accordingly, petitions are disposed off.

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Contentions of all the parties are kept open.

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Sd/-

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JUDGE

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Naa

Girija W/O. Sidramayya Gurushantanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Girija W/O. Sidramayya Gurushantanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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