D. Raju v. State of Karnataka Department Of Urban Development Vikasa Soudha
2022-07-27
ALOK ARADHE, S.VISHWAJITH SHETTY
body2022
DigiLaw.ai
JUDGMENT 1. This writ petition is filed with prayers to quash Annexure-G dated 02.12.2020 in so far as it relates to re- consideration of the applications for allotment of sites of the applicants whose allotments have been held to be illegal and to quash the Government Order dated 30.07.2021 at Annexure-J in so far as it relates to rejecting the recommendations of respondent no.3 in Paragraph 72 (xxvi) and (xxviii) and also the consequential relief of writ of mandamus directing re-allotment of sites after considering the applications made for allotment in respect of sites available after excluding sites which are legally allotted, and further a writ of mandamus is sought to direct respondents 1 & 2 to initiate disciplinary action against respondents 5 to 17. 2. Heard the learned Senior Counsel on behalf of the petitioner and also perused the material on record. 3. Brief facts of the case relevant for the purpose of disposal of this writ petition are, petitioner had filed a complaint before the Lokayukta alleging illegal allotment of sites in Atal Bihari Vajpayee Layout, Shivamogga, by respondent no.4-Development Authority. Pursuant to a reference made by the Government of Karnataka under Section 7(2A) of the Karnataka Lokayukta Act, 1984, respondent no.3 has submitted a report on 02.12.2020 holding that out of 1,305 allotments, only 498 allotments were legal and the remaining 807 allotments were illegal, and respondent no.3 had further observed in its report that the applications of the allottees whose allotment was illegal would be re-considered for allotment of sites, if they submit necessary documents for curing the illegalities. Respondent no.3 had also recommended for initiating disciplinary action against respondents 5 to 17. The State Government, vide its order dated 30.07.2021 has accepted the report of respondent no.3 in so far as it relates to the recommendation relating to re-consideration of applications for allotment of sites, but rejected the recommendation for taking disciplinary action against respondents 5 to 17. It is under these circumstances, petitioner has preferred this writ petition. 4. Though learned Senior Counsel has contended that respondent no.3 was not justified in recommending for re-consideration of the applications of the allottees whose allotment was, held to be illegal, he has failed to point out the public interest in quashing the report - Annexure-G in so far as it relates to directing re-consideration of the applications of the allottees whose allotment was held illegal. 5.
5. Respondent no.3 in its report has observed that the applications of such of the allottees whose allotment was held to be illegal could be re-considered in case they furnish necessary documents to cure the illegalities. The petitioner cannot have any grievance as against the same. If at all anybody who can have grievance against such an observation made by respondent no.3, it would be the other allottees of sites in the layout or the other applicants who have failed to get allotment in their favour. 6. It is not the case of the petitioner that the other allottees or the other applicants who have failed to get allotment, are not in a position to approach this Court, and therefore, this petition is filed in the interest of public. 7. Further, the State Government based on the report of the Advocate General has rejected the report of the Lokayukta in so far as it relates to taking disciplinary action against respondents 5 to 17. Learned Senior Counsel has failed to point out any illegality in the said decision taken by the State Government which is based on the report of the Advocate General of the State. 8. Under the circumstances, we find no merit in this writ petition which is filed in the interest of public. Accordingly, the writ petition is dismissed.