Sri. Anjinappa Vs the State of Karnataka

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DT.29.8.2025 AT ANNEXUR-E, FOR PROVIDING THE BASIC AMENITIES TO THE PETITIONER. DIRECT THE RESPONDENTS TO FIX THE VILLAGE BOUNDARY OF HONNASANDRA, MATHAHALLI, PILLAHALLI AND HUCHANAPALYA VILLAGES OF DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU. PROVIDE ALL THE AMENITIES LIKE WATER, ELECTRICITY, DRAINAGE FACILITY AND ROAD FOR THE SITES FORMED UNDER ASHRAYA SCHEME IN THE SCHEDULE VILLAGES.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The petitioners, who are allottees/beneficiaries of

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sites under the Ashraya Scheme, are constrained to approach this Court seeking a writ of mandamus directing the respondents to consider their representation dated 29.08.2025.

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The grievance of the petitioners is that, despite allotment of sites, the respondents have failed to provide basic civic amenities, including demarcation of village

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HC-KAR

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boundaries, and essential facilities such as drinking water, electricity, drainage, and proper road access to the sites situated in the scheduled villages.

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Learned counsel for the petitioners, reiterating the grounds urged in the petition, places reliance on an order passed by a Coordinate Bench of this Court in an identical set of circumstances, wherein directions were issued to the Deputy Commissioner to ensure provision of basic amenities. Placing reliance on the said judgment, it is contended that the issue is no longer res integra , and therefore, similar directions deserve to be issued in the present case.

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Per contra, learned AGA, on instructions, fairly submits that the obligation to provide basic amenities to the allottees is not in dispute. He further submits that, if reasonable time is granted, the Deputy Commissioner would consider the petitioners’ representation and take necessary action in accordance with law.

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5. Recording the submission of the learned AGA,

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this Court, before issuing directions, deems it appropriate to extract paragraph No.5 of the order passed by the Coordinate Bench in W.P.No.977/2018, which reads as under:

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"5. The petitioners claim that they are allottees of Ashraya sites in the villages stated above more particularly, the schedule villages. Allotting sites without providing basic amenities is of no use to the allottees. If an Ashraya site is allotted without any basic amenities, the allottee would not be in a position to utilize such Ashraya site and the purpose of allotting Ashraya sites would be defeated. A person would be entitled for basic amenities such as drinking water, road, drainage, etc. If the petitioners are not provided with such basic amenities so far, the petitioners shall represent to respondents No.3 and 4 requesting them to extend to provide all the basic amenities such as water, drainage, road and etc. If such a representation is submitted, respondents No.3 and 4 are directed to consider the said representation and provide basic amenities as requested, within a reasonable time."

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HC-KAR

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Having carefully considered the rival

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submissions and on perusal of the material on record, this Court finds that the issue raised in the present petition is squarely covered by the judgment of the Coordinate Bench extracted supra. The observations made therein unequivocally demonstrates that allotment of sites under a welfare scheme like Ashraya, without provision of basic civic amenities, renders the very allotment illusory and defeats the object of the scheme. The right to access basic amenities such as drinking water, road connectivity, drainage and electricity is not merely incidental, but forms an integral facet of the right to live with dignity, which is recognized as part of Article 21 of the Constitution of India.

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The State and its instrumentalities, having undertaken the task of distributing house sites to economically weaker sections under a beneficial scheme, cannot absolve themselves of the corresponding obligation to ensure that such allotments are meaningful and capable

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of being utilized. The duty cast upon the respondents is not discretionary, but mandatory in nature, flowing from the constitutional mandate as well as the very framework of the scheme. Any failure to provide basic infrastructure would amount to denial of substantive benefits intended under the scheme and would result in perpetuating hardship to the beneficiaries.

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In the light of the principles enunciated by the Coordinate Bench and bearing in mind the constitutional and statutory obligations of the State, this Court is of the considered view that the petitioners have made out a case for issuance of appropriate directions. Accordingly, the respondents are required to act with promptitude in considering the representation and in ensuring provision of all essential amenities within a time-bound framework, so as to give full effect to the object and purpose of the Ashraya Scheme.

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HC-KAR

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Accordingly, this Court proceeds to pass the

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following:

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ORDER

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(i) The writ petition is allowed in part;

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(ii) Respondent Nos.2 to 5 are hereby directed to consider the petitioners’ representation dated 29.08.2025, produced at Annexure–M, in the light of the observations made by this Court and the directions issued by the Coordinate Bench in W.P. No.977/2018;

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(iii) The respondents shall, upon such consideration, take expeditious steps to provide all basic civic amenities to the petitioners’ sites formed under the Ashraya Scheme, including, but not limited to, demarcation of village boundaries, drinking water, electricity, drainage facilities, and proper road access;

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(iv) The respondents shall ensure that the benefit of the Ashraya Scheme is made meaningful by rendering the allotted sites habitable and capable of being put to use, strictly in accordance with law;

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