OF KARNATAKA AT BENGALURU DATED THIS THE 30 TH DAY OF OCTOBER v. ARAVIND WRIT PETITION No. 16324 OF 2013 (GM-SLUM)

(BY SRI RAMESH CHANDRA, ADVOCATE) AND:

1. THE COMMISSIONER, KARNATAKA SLUM CLEARANCE BOARD, No.55, 3RD FLOOR, SADANA COMPLEX, RESALADHAR ROAD, SESHADRIPURAM, BANGALORE-560020.

2. THE ASSISTANT EXECUTIVE ENGINEER, No.4, SUB-DIVISION, KARNATAKA SLUM CLEARANCE BOARD, No.55, 3RD FLOOR, SADANA COMPLEX, RESALDHAR ROAD, SESHADRIPURAM, BANGALORE-560020.

3. SMT. B.S. CHANDRIKA, W/O NARASIMHAMURTHY, MARIMUTHU Location: High Court of Karnataka - 2 - NC: 2024:KHC:43846 WP No. 16324 of 2013 AGED ABOUT 36 YEARS, R/AT NAGARABHAVI, 2ND STAGE, PAPAREDDY PALYA, SRI. RAGHAVENDRA SWAMY MUTT, BANGALORE-560072.

4. THE POLICE INSPECTOR, YELAHANKA POLICE STATION, BANGALORE-560064. (BY MS. TISMY, ADVOCATE FOR SRI M.P. SRIKANTH ADVOCATE FOR R1 & R2; SMT. NETHRAVATHI, K., ADVOCATE FOR R3 SRI S.H. RAGHAVENDRA, AGA FOR R4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ALLOTMENT LETTER DATED 17.9.2012 ISSUED BY R-2 VIDE ANNEXURE-G AND NOTICE DATED 4.4.2013 ISSUED BY R-4 VIDE ANNEXURE-H. DIRECT R-1 & 2 TO EXECUTE THE REGISTERED SALE DEED IN RESPECT OF HOUSE BEARING No.K-6 OF SRINIVASAPURA IN FAVOUR OF PETITIONER. THIS WRIT PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K. V. ARAVIND ORAL ORDER The instant writ petition with the following prayers, "(a) Issue a writ or order or direction writ in the nature of certiorari quash the allotment letter dt:17.9.2012 issued by the 2nd respondent in No.KaKoAaMa/Sa.Ka.Me.Aa/No.4thUu.Vi.Ma. Hum/2012-13/180 vide Annexure-G and notice - 3 - NC: 2024:KHC:43846 WP No. 16324 of 2013 dt:4.4.2013 issued by 4th respondent No.Application/DCP/YNK/PS/2013, Annexure-H. (b) Issue a writ of mandamus directing the respondents 1 and 2 to execute the registered sale deed in respect of house bearing No.K-6 of Srinivasapura in favour of petitioner."

2. It is the case of the petitioner that she is a slum dweller and applied for allotment of a house. It is stated that the petitioner was issued Biometric ID card. The Karnataka Slum Clearance Board (for short 'Board') allotted the house bearing No.K-6, Srinivasapura (Kogilu). The petitioner deposited a sum of Rs.30,000/- with the Board towards allotment. It is stated that possession of the house was handed over to the petitioner and she is residing in the said house. The electricity connection was provided in her name. 3 The respondent-Board issued another allotment letter in respect of the same house in favour of respondent No.3. Respondent No.3 filed the complaint before respondent No.4- Police authorities. Respondent No.4 issued notice dated

04.04.2013 alleging the occupation by the petitioner of the house in question is unauthorized. - 4 - NC: 2024:KHC:43846 WP No. 16324 of 2013

4. Learned counsel Mr. Rameshchandra for the petitioner submits that the petitioner filed an application for allotment of a house. The respondent-Board allotted the house bearing No.6 in Block-K of Srinivasapura (Kogilu). The petitioner paid the requisite amount and possession of the house was handed over, wherein the petitioner is residing. The electricity connection was transferred in the name of the petitioner.

4.1 Learned counsel further submits that the respondent- Board has illegally issued another allotment letter in respect of the same house in the name of respondent No.3. Respondent No.3 alleging that the petitioner is in unauthorized occupation of the house has filed complaint before the Police authorities. Learned counsel submits that the action of the respondent- Board in allotting the same house in favour of respondent No.3 when the same house was allotted and in possession of the petitioner, is illegal and arbitrary.

5. Learned counsel further submits that the anomaly in the second allotment in favour of respondent No.3 has been set right by canceling the allotment of the house bearing No.K-6 of Srinivasapura (Kogilu) in favour of respondent No.3. In that - 5 - NC: 2024:KHC:43846 WP No. 16324 of 2013 view of the matter, prayer (a) would not survive for consideration. In support of such contention, learned counsel for the petitioner produced memo dated 28.08.2024 along with the letter of allotment in favour of the petitioner dated

11.06.2024 and order of cancellation dated 31.07.2024.

6. Learned counsel Smt. Tismy appearing for learned counsel Mr. M.P. Srikanth for respondent Nos.1 and 2 submits that insofar as prayer (b), the registered deed would be executed on submission of Online application by the petitioner and on compliance of other conditions. Learned counsel would further submit that necessary documents would be executed within three months from the date of submission of Online application by the petitioner.

7. Having considered the submissions of learned counsel for the parties, in view of the allotment letter dated 11.06.2024 and letter of cancellation dated 31.07.2024 filed along with the memo dated 28.08.2024, prayer (a) would not survive for consideration.

8. Insofar as prayer (b), learned counsel for the respondent- Board would fairly submit that necessary documents/deeds - 6 - NC: 2024:KHC:43846 WP No. 16324 of 2013 would be executed on submission of Online application by the petitioner and subject to compliance of other conditions.

9. The submission of learned counsel for the respondent- Board is fair and reasonable. However, the statement and its compliance is to be subjected to time bound.

10. In light of the above, this writ petition is disposed of permitting the petitioner to file Online application to enable the respondent-Board to issue Hakku pathra or execute any other document in relation to house bearing No.K-6, Srinivasapura, (Kogilu), in terms of allotment letter dated 11.06.2024. It is made clear that statutory period, if any, to execute documents in favour of the petitioner shall reckon from the date of first allotment i.e. 17.09.2012. The respondent-Board shall complete the exercise as directed within three months from the date of the petitioner submitting Online application. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 0