Laila Naik Vs the State of Karnataka

AGE: 64 YEARS OCC: RETIRED HEADMASTER PRESIDENT KARNATAKA PRANTA RITA AND KARMIKA VEDIKE ADHAKSHA, R/O 12th CROSS, ONI BODI GAT M J NAGER HOSPETE TALUK VIJAYANAGARA DISTRICT PIN CODE 583 201

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PRAKASH NAIK S/O SURYA NAIK

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Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka

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OCC: TOWN PANCHAYATH NOMINATED MEMBER, MARIYYAMMANAHALLI, R/O MARIYAMMANA HALLI, THANDA 18^TH WARD, MARIYAMMANA HALLI POST, HOSPETE TALUKU VIJYANAGARA DISTRICT -583222

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…PETITIONERS

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(BY SRI SHETTY DEEPAK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, TO THE DEPARTMENT OF HOUSING

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NC: 2025:KHC:15349-DB WP No. 19562 of 2022

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GOVERNMENT OF KARNATAKA SECRETERIAT ROOM NO. 213, II FLOOR, VIKASA SOUDHA BENGLAURU 560 001

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THE DEPUTY COMMISSIONER VIJYANAGARA DISTRICT DEPUTY COMMISSIONER OFFICER AMARAVATHI I B COLLEGE ROAD, HOSPETE 583 201

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THE TAHSILDAR HOSPETE TALUK HOSPETE 583 201

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THE CHIEF OFFICER TOWN PANCHAYAT MARIYAMMANA HALLI, HOSAPETE TALUK VIJAYANAGARA DISTRICT

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S BHIMA NAIK MEMBER LEGISLATIVE ASSMBLEY HAGARIBOMMAHALLI CONSTITUENCEY HAGARIBOMMANAHALLI, VIJAYANAGAR DISTRICT

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3; SRI B.S.MURALI, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED PRAYING TO ISSUE A WRIT OR WRIT OF CERTIORARI TO QUASH THE PROCEEDINGS DATED 11/05/2022 ISSUED BY RESPONDENT NO.5 BY CHOOSING THE BENEFICIARY UNILATERALLY, WITHOUT HAVING JURISDICTION. THE COPY OF THE SAME IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:15349-DB WP No. 19562 of 2022

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. Shetty Deepak for the petitioners, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos. 1 to 3 and learned advocate Mr. B.S. Murali for respondent No.4.

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The petitioners claim to be the residents of

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Mariyammanahalli town and further claim to be social activists and public spirited persons.

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The prayers in two-folds are made. First is to set aside the proceedings dated 11.05.2022 issued by respondent No.5 by choosing the beneficiary unilaterally and treat the proceedings without jurisdiction. The second part of the prayer is to direct respondent Nos.2 to 4 to consider the representations of the petitioners dated 22.07.2022 and 12.05.2022. The copy of the said representations figure on record at Annexure-B and Annexure-C.

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4 - NC: 2025:KHC:15349-DB WP No. 19562 of 2022

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3.1 The said representations are with regard to the grievance of improper allotment of houses in the Ambedkar Housing Scheme meant for economically weaker sections. According to the petitioners, local legislators and chief officers selected the beneficiaries for allotment of houses in the housing scheme. It is stated that eligible beneficiaries are left out and those near and dear ones of the MLAs and MLCs are favoured. It is stated that as per the Rule, general public should be informed about the number of houses for scheduled caste, minorities, general class etc and thereafter, the homeless beneficiaries should be selected. It is submitted that, in the process of allotment, the poor people and the deserving beneficiaries have suffered.

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Having considered the pleadings and the subject matter as well as the prayers, it would be proper if the petitioners are relegated to the authorities for consideration of their grievance.

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Accordingly, this petition is disposed of by directing the competent authority of the respondents to consider the pending representations of the petitioners and the grievance raised therein by taking necessary decision in accordance with law within three months from the date of receipt of copy of this order.

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NC: 2025:KHC:15349-DB WP No. 19562 of 2022

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6. While the petitioners have already made representations, it

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will be permissible for the petitioners to make further detailed representations to the authorities. If the petitioners are desired to make such representation, the same shall be made within two weeks from today.

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