Disposed

Karnataka State Dalita and Bovi v. Government of Karnataka

Karnataka HC15 Nov 2021WP/5967/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, observed that granting an order directed the respondents Nos.1 and 2 to take a decision on the implementation of the Ashraya Scheme for displaced Dalit members in consultation with the Karnataka Slum Clearance Board.

What did the court decide?

To take a decision as to implementation of the Ashraya Scheme in terms of specific representations within six months.

Karnataka State Dalita and Bovi Vs… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF NOVEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.5967 OF 2020 (GM-RES)

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BETWEEN:

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KARNATAKA STATE DALITA AND BOVI JANANGA SOCIAL AND WELFARE ASSOCIATION NO.2, CORPORATION QUARTERS, GROUND FLOOR, 2ND CROSS, PLAM GROVE ROAD, NEAR VICTORIA ROAD, BENGALURU-560047.

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BY ITS PRESIDENT SRI. V ASHOK, S/O M VENUGOPAL AGED ABOUT 56 YEARS

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…PETITIONER

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(BY SRI MANJUNATH K.S., ADVOCATE)

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AND:

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1 . GOVERNMENT OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPT. OF REVENUE, M S BUILDING BENGALURU-560001.

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2 . GOVERNMENT OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPT. OF RURAL DEVELOPMENT AND PANCHAYAT RAJ M S BUILDING BENGALURU-560001.

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3 . DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU.

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4 . CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT BENGALURU URBAN DISTRICT

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BENGALURU

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5 . THE TAHASILDAR BENGALURU NORTH TALUK BENGALURU.

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…RESPONDENTS

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(BY SRI B V KRISHNA, AGA FOR R1, R3 & R5 R4 SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE PROPOSAL FORWARDED BY THE R-5 TO IMPLEMENT THE SCHEME FOR THE FORMATION OF HOUSE CONSTRUCTION AND DISTRIBUTION AMONG THE 80 DISPLACED DALIT MEMBERS OF THIS PETITIONER ASSOCIATION UNDER THE ASHRAYA SCHEME IN SY NO.21, MEASURING 4 ACRES OR EVEN MORE SITUATED AT SHIVANAPURA VILLAGE, DASANAPURA HOBLI BENGALURU NORTH TALUK VIDE ANNEXURE-F, G TO THE W.P. AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The prayers in the writ petition reads as under:

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"(a) Issue writ in the nature of mandamus directing the respondent No.3 to consider the proposal forwarded by the respondent No.5 to implement the scheme for the formation of house construction and distribution among the 80 displaced dalit members of this petitioner’s Association under the Ashraya Scheme in Sy.No.21, measuring 4 acres or even more situated at Shivanapura Village, Dasanapura Hobli, Bengaluru North Taluk vide Annexure-F, G to the writ petition.

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(b) Issue appropriate writ or orders or directions as may be just and proper to the respondents for the speedy enforcement of the Ashraya Scheme which is meant for the needy persons like 80 displaced dalit members of this petitioner’s Associations, to meet the ends of justice."

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Learned AGA appearing for the respondents Nos.1,

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2, 3 and 5 opposes the writ petition contending that the writ remedy of the kind cannot be sought for by the petitioner when disputed question of law & facts are involved; he also submits that those who are allegedly in unauthorized occupation of the subject property cannot be permitted to knock at the doors of the writ court and that writ remedy is only for the scrupulous people and not for the persons like the petitioner; so contending, he seeks dismissal of Writ Petition.

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Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter in as much as the grievance of the petitioner is innocuous in the sense that it is only for "an order to pass an order" for implementing the Ashraya Scheme; such an innocuous relief cannot be turned down by the writ court since decision has to be taken by the respondents Nos.1 & 2 without brooking delay; such an exercise has to be made in consultation with the Karnataka Slum Clearance Board which is not a party here; no prejudice will be caused to the official respondents if a direction is issued to them to consider the grievance of petitioner.

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In the above circumstances, this writ petition is disposed off directing the respondents Nos.1 & 2 to take a decision as to implementation of the Ashraya Scheme in terms of the representations at Annexure-M dated 15.05.2015 and Annexure-N dated 05.08.2015 in accordance with law. All contentions are kept open.

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Time for compliance is six months from the date a copy of this order is handed to them.

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No costs.

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Sd/JUDGE

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KLY/-

Karnataka State Dalita and Bovi v. Government of Karnataka

Case brief

What is this about?

What did the court decide?

Karnataka State Dalita and Bovi v. Government of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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