Poor cobblers sought mandamus to allot plots under the Ashraya Scheme in Sy.No.82, Gudenahalli Village, Hassan. The State stated no binding allotment decision existed and an endorsement dated 05.10.2020 refused land for lack of availability. The Court held no right culminated in the petitioners' favour.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.5182 OF 2022 (KLR-RES)
BETWEEN:
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
…PETITIONERS
(BY SRI. M. SHIVAPRAKASH, ADVOCATE)
AND:
NC: 2024:KHC:46486 WP No. 5182 of 2022
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE RESPONDENTS IN RESPECT OF LAND BEARING SY.NO.82/GUDENAPALLI VILLAGE, HASSAN TALUK AND DISTRICT VIDE NO.ASHRAYA 35/2017-18 DATED 20.11.2017 ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
They made necessary representations to the respondents for grant of a plot of land under the Ashraya Scheme
on the ground that they are poor and homeless.
taken by some of the Officers regarding allotment of plots to the cobblers in Hassan District including the petitioners herein.
2. Issue writ of Mandamus and direct the Respondent authorities to pass necessary order for allotment of sites/plots to the needy/deserved persons already identified and finalized by the Respondent authorities in Sy.No.82 of Gudenahalli Village, Kasaba Hobli, Hassan Taluk & District.
3. Pass such other order/s as this Hon'ble Court deems fit and proper in the circumstances of the case.
4. Cost of the Proceedings."
4. Learned Additional Government Advocate appearing
for the respondents, upon instructions, submits that
NC: 2024:KHC:46486 WP No. 5182 of 2022
no binding decision has been taken by the Authority concerned to allot the land to the petitioners under the Ashraya Scheme.
petition will not come in the way of the petitioners
NC: 2024:KHC:46486 WP No. 5182 of 2022
challenging the endorsement issued by the Authority concerned, if they so desire.
Sd/(M.I.ARUN) JUDGE
SJK List No.: 1 Sl No.: 21
1 issue framed by the court
Whether a writ of mandamus could issue directing allotment of Ashraya Scheme land when no binding decision had been taken and an endorsement refused allotment for want of available land.
1 provisions across 1 enactments
Sri. R. Rangaswamy
Sri. K.M. Mallesh
Sri. Rangaswamy S/o Rangaiah
The State of Karnataka, Department of Revenue
The Principal Secretary, Department of Revenue
The Deputy Commissioner, Hassan District
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
