Facts
The petitioners, who claimed to be Raichur residents, landless persons and former Indian Army personnel, applied on 17 December 2024 for allotment of sites formed in Survey No. 813/*/*, Raichur.
Source reference: p.4–5They sought a writ directing the Deputy Commissioner and Tahsildar to consider their applications.
Source reference: p.4–5The petition came before the Court for preliminary hearing.
Source reference: no citationIssues
1. Whether the petitioners were entitled to a direction requiring the authorities to consider and decide their applications for site allotment in accordance with law.
Source reference: p.5–62. Whether the petitioners could claim allotment of sites in a particular town or survey number under Rule 8 of the Karnataka Land Grant Rules, 1969.
Source reference: p.5Law Applied
Rule 8 of the Karnataka Land Grant Rules, 1969, as amended by notification dated 27 October 2021, governs applications for allotment of sites.
Source reference: p.5The Court observed that applicants cannot seek allotment in a particular town or survey number; applications must be considered in accordance with the Rules.
Source reference: p.5Reasoning
Although the petitioners’ applications sought sites in a specified survey number, the Court considered their asserted Raichur residence and former service in the Indian Army, and noted that they had submitted applications seeking site allotment under Rule 8.
Source reference: p.4–6The Court did not direct allotment of sites or accept a right to allotment at the specified location.
Source reference: p.6Instead, given the State’s submission that the applications could be decided within a reasonable time, it directed the competent authorities to consider them and pass orders in accordance with law.
Source reference: p.6Holding
The Court allowed the writ petition.
The Court allowed the writ petition and issued a mandamus to respondent Nos. 2 and 4 to consider the petitioners’ applications dated 17 December 2024 and pass orders strictly in accordance with law within four months of receiving a copy of the order.
Source reference: p.7Original Court PDF
G K KISHAN PRASADvsTHE STATE OF KARNATAKA
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