Bahujana Samaja Vedike (Regd) v. State of Karnataka

ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO 2, 3, 4, 5, 6 AND 7 TO CONSIDER THE REPRESENTATION OF THE PETITIONER TO GRANT SITES IN SY. NO. 158 OF KURUBARAHALLI VILLAGE TAVARAKERE HOBLI, BANGALORE SOUTH TALUK, BANGALORE URBAN DISTRICT, AS PER THEIR FINAL REPRESENTATION DATED 10/7/2024 VIDE ANNEXURE-X AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

¶1The petitioner is before this Court seeking for the following reliefs; a. Issue a writ of Mandamus or order or direction, directing the Respondent No, 2,3,4,5,6 & 7 to consider the representation of the petitioner to grant sites in Sy.No.158 of Kurubarahalli Village Tavarakere Hobli, Bangalore South Taluk, Bangalore Urban District, as per their final representation dated 10.7.2024 vide Annexure-X.

b. Pass such other order/s as the petitioner is entitled to in the facts and circumstances of the case, including the cost of the proceedings, in the interest of justice and equity.

¶2Considering the representations made by the members of the petitioner in the year 2016 seeking grant of housing sites, the Deputy Commissioner had directed the Tahsildar to ascertain whether any sites were available and could be allotted. Thereafter, the petitioner had been pursuing the matter with the respondents. It was indicated that respondent No.5

had been constituted for the very purpose of implementing the housing schemes and that all the Ashraya Schemes had been consolidated under respondent No.5. The petitioner thereafter followed up with respondent No.5 seeking grant of the aforesaid housing sites. However, there has been no progress in the matter, and it is in this background that the petitioner is before this Court seeking the aforesaid relief.

¶3Learned counsel for the petitioner submits that, since the year 2016, the petitioners have been running from pillar to post, but their representation has not been considered by the respondent. No order has been passed by the respondent, and no records relating to the matter are available with the respondent.

¶4Learned AGA submits that the representation made by the petitioners was for allotment of land in a specific survey number, namely, Survey No.158 of Kurubarahalli Village, Tavarekere Hobli, Bengaluru South Taluk. The said survey number is neither in the custody of respondent No.5 nor is there any proposal pending for the formation and/or allotment of Ashraya sites in the said survey number.

¶5Even if that were to be so, it was incumbent upon the respondents to have responded to the representation submitted by the petitioners, indicating the aforesaid fact, instead of making them run from pillar to post and wait in the hope of being allotted a site, particularly when the Deputy Commissioner had indicated that the same would be allotted pursuant to the direction issued to the Tahsildar.

¶6If the land in Survey No.158 is not available and any other scheme has been propounded by the State or respondent No.5 for formation of sites under the ASHRAYA Scheme, the applications made by the petitioners could always be considered under such scheme(s), based on the seniority of the petitioners or the date of submission of their applications. In either case, the respondents could not have kept the representations submitted by the petitioners pending without passing any orders thereon for more than two years. Hence, this Court passes the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing the respondents to consider the representation of the petitioners dated 10.07.2024 at Annexure-X and passed necessary orders within a period of

30 days from the date of receipt of a copy of this order in terms of the observation made herein above. iii. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of.

Sd/- (SURAJ GOVINDARAJ) JUDGE

SR List No.: 1 Sl No.: 36

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35770 OF 2024 (GM-RES) BETWEEN: BAHUJANA SAMAJA VEDIKE (REGD) HAVING ITS REGISTERED OFFICE AT #683, 1ST MAIN ROAD, 2ND CROSS, KAMALANAGAR, BENGALURU-560 079, REPRESENTED BY ITS STATE PRESIDENT SRI. RAJANNA. REGISTERED UNDER KARNATAKA SOCIETIES ACT, 1960 …PETITIONER (BY SRI. GOPALA H M.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE AND HOUSING, VIDHANA SOUDHA, AMBEDEKARVEEDHI, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, OFFICE OF THE DY. COMMISSIONER, KEMPE GOWDA ROAD, BENGALURU-560 009. 3. CHIEF EXECUTIVE OFFICER(CEO), BENGALURU URBAN DIST., ZILLA PANCHAYATH, BENGALURU URBAN DISTRICT S. KARIAPPA ROAD, BANASHANKARI, BANGALORE-560050. by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:42891( WP(No.(35770(of(2024( ( ,,,,,,,,,, , CNR:(KAHC010728802024( ( ( , 4., CHIEF,EXECUTIVE,OFFICER,(CEO),, BENGALURU,URBAN,TALUKA,PANCHAYATH,,, BENGALURU,SOUTH,,, KEMPEGOWDA,ROAD,, BENGALURU-560009., , 5., MANAGING,DIRECTOR,, RAJEEV,GANDHI,RURAL,HOUSING,CORPORATION,LTD.,, STNO.,1-4,,IT,PARK,,1 ,FLOOR,,, TH4 ,MAIN,ROAD,,RAJAJINAGAR,INDUSTRIAL,AREA,, RAJAJINAGAR,,BENGALUR-560,010., , 6., TAHASILDAR, OFFICE,OF,THE,TAHASILDAR,,, BENGALURU,SOUTH,TALUK,,, KANDAYA,BHAVANA,,GROUND,FLOOR,,, K.G.,ROAD,,BENGALURU-560,009., , 7., REVENUE,INSPECTOR,, BENGALURU,URBAN,, BENGALURU-560051., , 8., PANCHAYATH,DEVELOPMENT,OFFICER(PDO),, CHENNENAHALLI,GRAMA,PANCHAYATH,,, BENAGLURU,SOUTH,TALUK,,, PIPE,LINE,ROAD,, BENGALURU-562130., , 9., SENIOR,VETERINARY,DOCTOR,, VETERINARY,HOSPITAL,, TAVAREKERE,,, BENGALURU,SOUTH,TALUK,,, BENGALURU,URBAN,DISTRICT-562130., , …RESPONDENTS, (BY,SRI.,SHAMANT,NAIK.,,AGA,FOR,R1,,R2,,R6,,R7,&,R9;, ,,,,,,SMT.,SUMANA,BALIGA.,,ADVOCATE,FOR,R5, ,,,,,,V/O/D,18.6.2026,, ,,,,,,SRI.,MAHESH,R,UPPIN.,,ADVOCATE,FOR,R3,,R4,&,R8;, ,,,,,,SRI.,M.,PRADEEP.,,ADVOCATE,FOR,R8), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTCILES,226,AND,227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, ISSUE, A, WRIT, OF, mandamus OR