A petitioner challenged a Karnataka Housing Board endorsement declining her discretionary-quota application for allotment of a residential site. Unable to controvert that the application was under the discretionary quota, the court declined interference and disposed of the petition, leaving her free to participate in future allotments.
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NC: 2024:KHC:45813 WP No. 6947 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6947 OF 2024 (LB-RES)
BETWEEN:
SMT SUNANDAMMA WIFE OF P LOKESH, AGED ABOUT 44 YEARS, RESIDING AT SUNDAVALU VILLAGE, RAVANDUR HOBLI, HUNSUR TALUK, MYSORE DISTRICT, PIN CODE 571108
…PETITIONER
(BY SRI. SIDDAMALLAPPA P M.,ADVOCATE)
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:45813 WP No. 6947 of 2024
K G ROAD, GANDHINAGAR, BANGALORE 560001
…RESPONDENTS
(BY MS. SPOORTHI V., HCGP FOR R1; MR. H.L.PRADEEP KUMAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED THE ENDORSEMENT DTD 12.09.2023, SIGNED ON 13.09.2023 VIDE REFERENCE NO. KA.GRAH.MANDALI/KHA.PA.A./HANCHIKE SHAKE/2023.24 ISSUED BY THE R2 AS PER ANNEXURE-B; DIRECT THE R2 TO CONSIDER THE APPLICATION SUBMITTED BY HER AS PER ANNEXUREA AND TO ALLOT SUITABLE RESIDENTIAL SITE IN ANY PROJECT COMPETED AT HUNSUR DIVISION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, an applicant for allotment of site from the second respondent, has called in question the second respondent's Endorsement dated 12.09.2023. This Endorsement essentially reads that the petitioner's application for allotment is under Discretionary Quota and that with this Court's order
NC: 2024:KHC:45813 WP No. 6947 of 2024
in W.P.No.8340/2018, it would be impermissible to allot under Discretionary Quota .
Mr. P. M. Gopi, the learned counsel for the petitioner, Ms. Spoorthi V., a learned High Court Government Pleader for the first respondent, and Mr. H. L. Pradeep Kumar, the learned counsel for the second respondent, are heard. The learned counsel for the petitioner is unable to controvert that the petitioner's application for allotment of site is under Discretionary Quota and if this remains either uncontroverted or incontrovertible, there will be no occasion for interference with the impugned Endorsement.
The petition therefore must be disposed of accordingly. At this stage, Mr. P. M. Gopi submits that this Court may reserve liberty to the petitioner to participate in the further allotment process. It is needless to observe that if there is a notification inviting the application, the petitioner will be at
NC: 2024:KHC:45813 WP No. 6947 of 2024
liberty to participate in such process notwithstanding
these proceedings.
The petition stands disposed of with the
aforesaid observations.
SD/(B M SHYAM PRASAD) JUDGE
RB
1 issue framed by the court
Whether the Karnataka Housing Board's endorsement refusing discretionary-quota site allotment could be interfered with in writ proceedings.
1 provisions across 1 enactments
Smt Sunandamma
The State of Karnataka
Karnataka Housing Board
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
