Disposed

Smt Ashwini v. State of Karnataka

Karnataka HC18 Dec 2024WP/1059/2024

Case brief

AI extract

What is this about?

Petitioners sought directions to issue Hakku Patras under the Ashraya Scheme. The State filed an affidavit stating the Ashraya Committee resolved on 29.01.2024 to cancel the list of 966 beneficiaries due to discrepancies in selection. The Court disposed of the writ petition, directing petitioners to avail their statutory remedy with contentions left open.

What the court decided

AI extract

Smt Ashwini Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 1059 OF 2024 (LB-RES)

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BETWEEN:

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SMT. ASHWINI W/O H. MANJUNATH AGED ABOUT 31 YEARS, RESIDING AT NEAR DEVARAJA SOCIETY, LENIN NAGARA, VTC NITUVALLI P.O., NITUVALLI, DAVANAGERE DISTRICT-577 004.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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SMT. PUSHPA W/O YAMANURI AGED ABOUT 39 YEARS, R/AT BEHIND TV STATION, CHIKKAMANI DEVARAJ URS BADAVANE, BAPUJI VIDYANAGARA, DAVANAGERE-577 004.

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SMT. SHABINA TAJ W/O HAYAT BASHA, AGED ABOUT 41 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. NOOR JAHAN W/O SADAR PASH AGED ABOUT 43 YEARS, R/AT NO. 108/4, NITUVALLI MAIN ROAD, NEAR ANJUM SCHOOL, BHAGATH SINGH NAGAR, DAVANAGERE-577 002.

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SMT. HASEENA BANU W/O MOHAMED ISMAIL,

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2 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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AGED ABOUT 40 YEARS, R/AT NO. 05, 1^ST MAIN, 3^RD CROSS, MAHABOOB NAGAR, DAVANAGERE-577 001.

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SMT. DURGAMMA W/O T. VIJAYA AGED ABOUT 35 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. RATHNAMMA W/O DUGGAPPA, AGED ABOUT 48 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. SARITHA D, W/O MALLIKARJUNA R, AGED ABOUT 39 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. KAVITHA M., W/O MALLIKARJUNA R, AGED ABOUT 40 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. ANJALI W/O RAVI G, AGED ABOUT 21 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. GOWRAMMA W/O BASAVARAJAPPA AGED ABOUT 52 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. B. BHAGYAMMA W/O MANJUNATHA,

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3 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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AGED ABOUT 26 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. INDRAMMA W/O OMKARAPPA AGED ABOUT 37 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. GANGAMMA W/O OBAPPA AGED ABOUT 40 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. SUJATHA W/O KUMARA K., AGED ABOUT 27 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 004.

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SMT. BHAGYAMMA W/O CHANDRAKUMAR T, AGED 44 YEARS, R/AT CHIKKAMANI DEVARAJ URS BADAVANE, VTC DAVANAGERE, PO BAPUJI VIDYANAGARA, TALUK AND DIST DAVANAGERE-577 005.

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SMT. NAGAMMA W/O HANUMANTHAPPA AGE 44 YEARS R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, 15 NUMBER LAST BUS STOP BAPUJI VIDYANAGARA DAVANAGERE-577 005

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SMT. SHANTHAMMA W/O BASAVARAJ H AGE 43 YEARS, R/AT CHIKKAMANI DEVARAJ URS BADAVANE, NEAR TV STATION,

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4 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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BAPUJI VIDYANAGARA, DAVANAGERE-577 005. 19. SMT. CHANDRAMMA W/O BHEEMAPPA AGE 36 YEARS, R/AT BEHIND TV STATION, CHIKKAMANI DEVARJ URS BADAVANE, DAVANAGERE-577 005.

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SMT. RAJAMMA W/O JAYARAM AGE 55 YEARS, R/AT CHIKKAMANI DEVARAJ URS BADAVANE, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SMT. VANAJAKSHI W/O RAMAPPA, AGE 30 YEARS, R/AT BEHIND TV STATION, CHIKKAMANI DEVARAJ URS BADAVANE, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SMT. GAYATRI W/O GURURAJA, AGE 38 YEARS, R/AT BEHIND TV STATION, CHIKKAMANI DEVARAJ URS BADAVANE, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SMT. HEMAVATHI W/O SURESHAPPA, AGE 43 YEARS, R/AT CHIKKAMANI DEVARAJ URS BADAVANE, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SMT. DUGGAMMA W/O PURSAPPA O, AGE 45 YEARS, R/AT NEAR TV STATION

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5 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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CHIKKAMANI DEVARAJ URS BADAVANE, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SRI. VENKATESHAPPA S/O CHINNAPPA, AGE 55 YEARS, R/AT NO.584C, CHIKKAMANI DEVARAJ URS LAYOUT, SHIVAKUMARASWAMY EXTENSION, DAVANAGERE-577 005.

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SMT. H. JAYAMMA W/O LATE H. HANUMANTHAPPA, AGE 54 YEARS, R/.AT NEAR TV STATION, SHIVAKUMARASWAMY EXTENSION, DAVANAGERE-577 005.

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SMT. JAYAMMA W/O SHIVAPPA, AGE 46 YEARS, R/AT NO.0, GUDISALU MANU SALU, CHIKKAMANNI DEVARAJ URS BADAVANE, NEAR TV STATION, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SMT. A. GEETHA W/O ANANDA AGE 37 YEARS, R/AT NEAR TV STATION, CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 005.

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SMT. SAKAMMA M.N., W/O AMBARISH A., AGE 36 YEARS, R/AT CHIKKAMANNI DEVARAJ URS BADAVANE, DAVANAGERE-577 005.

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SMT. RAKHIBA BANU W/O GHANI, AGE 37 YEARS,

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6 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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R/AT CHIKKAMANNI DEVARJ URS BADAVANE, DAVANAGERE-577 005.

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SMT. LALITHAMMA W/O BASAVARAJAPPA, AGE 40 YEARS, R/AT CHIKKAMANNI NAGAR, NEAR LAST BUS STOP, BAPUJI VIDYANAGARA, DAVANAGERE-577 005.

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SMT. LATHAMMA W/O RAVI R, AGE 38 YEARS, R/AT CHIKKAMANNI DEVARJ URS BADAVANE, DAVANAGERE-577 005

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…PETITIONERS

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(BY SRI. G.J. SUNKAPUR, ADVOCATE)

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AND:

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STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOUSING, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001.

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THE RAJIV GANDHI HOUSING CORPORATION LTD., 9^TH FLOOR, CAUVERY BHAVAN, C AND F BLOCK, K.G. ROAD, BENGALURU-560 009, REP BY ITS MANAGING DIRECTOR

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THE DISTRICT COMMISSIONER, OFFICE OF THE DISTRICT COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577 002.

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THE COMMISSIONER, CITY CORPORATION, DAVANAGERE-577 002.

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NC: 2024:KHC:52390 WP No. 1059 of 2024

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THE DISTRICT COMMISSIONER (REVENUE) CITY CORPORATION, DAVANAGERE-577 002.

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…RESPONDENTS

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(BY SMT. SPOORTHI V., HCGP FOR R1 AND R3; SMT. SUMANA BALIGA, ADVOCATE FOR R2; SRI. B.K. MANJUNATH, ADVOCATE FOR R4 AND R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R4 TO ISSUE HAKKU PATRA TO THE PETITIONERS AS PER ANNEXURE-F DATED 16.06.23 HEREIN

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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Smt. Spoorthi V., a learned High Court

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Government Pleader, while inviting this Court's attention to the previous orders, seeks leave to place on record the affidavit sworn to by the Deputy Commissioner [ Revenue ] of Davanagere City Municipal Corporation along with a copy of

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8 - NC: 2024:KHC:52390 WP No. 1059 of 2024

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Resolution dated 29.01.2024. Smt. Spoorthi V. is permitted.

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The petitioners, who assert the benefit of certain proceedings for issuance of Hakku-Patras under Ashraya Scheme, have filed this writ petition for directions to the fourth respondent to issue the Hakku-Patras . Sri. G.J. Sunkapur, the learned counsel for the petitioners, submits that the Hakku-Patras have also been signed by the competent, but they are not issued, and that the petition is in this context. However, affidavit which is filed today in its material part reads as under:

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"The review meeting was held on 18.06.2023 by the newly constituted Ashraya Committee. It was unanimously resolved in the meeting that Hakku Patras wouldn't be distributed to the beneficiaries as there were Discrepancy

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NC: 2024:KHC:52390 WP No. 1059 of 2024

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in selection of beneficiaries list which was prepared earlier as per the old resolution.

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The resolution of Ashraya Committee dated: 29.01.2024 which was held in the presence of Chairmanship of Member of Legislative Assembly North Ashraya Committee and also the district in charge minister of Davanagere. In the said Resolution of Ashraya Committee had cancelled the list of beneficiaries which was not proper and correct. Because the earlier Ashraya Committee has not at all scrutinized and verified the applications and has also not published preliminary notification of selected applicants to call for the objection from the public by providing reasonable time for assertion and the physical verification by the Revenue Officers with respect to alleged beneficiaries are site-less or homeless. Copy of the Resolution dated 29.01.2024 is enclosed.

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It was resolved that the list of 966 beneficiaries would be cancelled and sent to recommendation for Rajiv Gandhi Housing

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Corporation Bangalore through Deputy Commissioner, Davanagere.

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It was further resolved that the land acquired of K. Bevinalli and Bannikode villages to the total extent of 26.05.04 Acre land would be cancelled for distribution for Site less/ Homeless."

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This Court is of the considered view that with this decision, the petitioners must avail their statutory remedy and that the petition must be disposed of leaving open all contentions to be considered if the petitioners avail such remedy. The petition stands disposed of accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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List No.: 1 Sl No.: 39

Smt Ashwini v. State of Karnataka

Case brief

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What the court decided

Smt Ashwini v. State of Karnataka

Case brief

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