Slum dweller allotted house K-6 by Karnataka Slum Clearance Board challenged a second allotment of the same house to another person. The Board cancelled the second allotment and undertook to execute documents; the court disposed of the petition directing execution within three months.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 16324 OF 2013 (GM-SLUM)
BETWEEN:
…PETITIONER
(BY SRI RAMESH CHANDRA, ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
NC: 2024:KHC:43846 WP No. 16324 of 2013
AGED ABOUT 36 YEARS, R/AT NAGARABHAVI, 2ND STAGE, PAPAREDDY PALYA, SRI. RAGHAVENDRA SWAMY MUTT, BANGALORE-560072.
…RESPONDENTS
(BY MS. TISMY, ADVOCATE FOR SRI M.P. SRIKANTH ADVOCATE FOR R1 & R2; SMT. NETHRAVATHI, K., ADVOCATE FOR R3 SRI S.H. RAGHAVENDRA, AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ALLOTMENT LETTER DATED 17.9.2012 ISSUED BY R-2 VIDE ANNEXURE-G AND NOTICE DATED 4.4.2013 ISSUED BY R-4 VIDE ANNEXURE-H. DIRECT R-1 & 2 TO EXECUTE THE REGISTERED SALE DEED IN RESPECT OF HOUSE BEARING No.K-6 OF SRINIVASAPURA IN FAVOUR OF PETITIONER.
THIS WRIT PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K. V. ARAVIND
ORAL ORDER
The instant writ petition with the following prayers,
" (a) Issue a writ or order or direction writ in the nature of certiorari quash the allotment letter dt:17.9.2012 issued by the 2nd respondent in No.KaKoAaMa/Sa.Ka.Me.Aa/No.4th Uu.Vi.Ma. Hum/2012-13/180 vide Annexure-G and notice
dt:4.4.2013 issued by 4th respondent in No.Application/DCP/YNK/PS/2013, Annexure-H.
(b) Issue a writ of mandamus directing the respondents 1 and 2 to execute the registered sale deed in respect of house bearing No.K-6 of Srinivasapura in favour of petitioner."
3 The respondent-Board issued another allotment letter in respect of the same house in favour of respondent No.3. Respondent No.3 filed the complaint before respondent No.4Police authorities. Respondent No.4 issued notice dated 04.04.2013 alleging the occupation by the petitioner of the house in question is unauthorized.
Board has illegally issued another allotment letter in respect of the same house in the name of respondent No.3. Respondent No.3 alleging that the petitioner is in unauthorized occupation of the house has filed complaint before the Police authorities. Learned counsel submits that the action of the respondentBoard in allotting the same house in favour of respondent No.3 when the same house was allotted and in possession of the petitioner, is illegal and arbitrary.
second allotment in favour of respondent No.3 has been set right by canceling the allotment of the house bearing No.K-6 of Srinivasapura (Kogilu) in favour of respondent No.3. In that
view of the matter, prayer (a) would not survive for consideration. In support of such contention, learned counsel for the petitioner produced memo dated 28.08.2024 along with
the letter of allotment in favour of the petitioner dated 11.06.2024 and order of cancellation dated 31.07.2024.
the parties, in view of the allotment letter dated 11.06.2024 and letter of cancellation dated 31.07.2024 filed along with the memo dated 28.08.2024, prayer (a) would not survive for consideration.
would be executed on submission of Online application by the petitioner and subject to compliance of other conditions.
Board is fair and reasonable. However, the statement and its compliance is to be subjected to time bound.
It is made clear that statutory period, if any, to execute documents in favour of the petitioner shall reckon from the date of first allotment i.e. 17.09.2012.
The respondent-Board shall complete the exercise as directed within three months from the date of the petitioner submitting Online application.
Sd/(K. V. ARAVIND) JUDGE
MV
List No.: 1 Sl No.: 0
1 issue framed by the court
Whether the Board's second allotment of the same house to respondent No.3 was valid and whether the petitioner is entitled to a sale deed for house K-6.
Smt. Shantha K. Hiremat
The Commissioner, Karnataka Slum Clearance Board
The Assistant Executive Engineer, Karnataka Slum Clearance Board
Smt. B.S. Chandrika
The Police Inspector, Yelahanka Police Station
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
