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1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF APRIL 2013
PRESENT
THE HON’BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON’BLE MR.JUSTICE RAVI MALIMATH
WRIT APPEAL NOS.8215-8219 OF 2012(LA-RES) AND
WRIT APPEAL NOS.539-558 OF 2013(LA-RES) WA.NOS.8215-8219/2012:
BETWEEN:
1. B. A. GUNDA BHATTA
S/O AYYAM BHATTA, AGED ABOUT 51 YEARS RESIDING AT RAGAVENDRANAGARA KEMPEGOWDA CIRCLE, BYE PASS ROAD NH4, NELLAMANGALA – 562 123.
2. B DEVARAJU
S/O BYREGOWDA AGED ABOUT 52 YEARS
RESIDING AT HEGGADADEVANPURA
2
DASANAPURA HOBLI,ALUR POST BANGALORE NORTH TALUK-560064
3. GOPAL RAO
S/O MAHADEV RAO AGED ABOUT 44 YEARS RESIDING AT JYOTHINILAYA
RAGAVENDRANAGARA KEMPEGOWDA CIRCLE BYE PASS ROAD NH 4, NELLAMANGALA-562123
4. SMT RADHAMANI
W/O KUMARAIAH AGED ABOUT 40 YERS RESIDING AT MF-34/4
SINDICATE BANK QUARTERS NANDHINI LAYOUT BANGALORE-560010
5. S MUNIRAJU
S/O CHANNIGAIAHA AGED ABOUT 38 YEARS RESIDING AT SRI PRASANNAJANEYA TRUST LAYOUT
RAGAVENDRANAGARA, KEMPEGOWDA CIRCLE, BYE PASS ROAD NH-4, NELLAMANGALA-562123 …APPELLANTS
(By Sri.M.S.Rajendra Prasad, Sr. Advocate for
M/s.M.S.Rajendra Associates, Advocates)
3
AND:
1. HANUMANTHAPPA S/O MOGANNA AGED ABOUT 51 YEARS OCC:AGRICULTURE AND COLLIE REPRESENTED BY GPA HOLDER SMT
KAMALAMMA RESIDING AT KOTE BEEDI NELAMANGALA-562123 BANGALORE RURAL DIST
2. SIDDABYLAPPA S/O MOGANNA AGED ABOUT 44 YEARS OCC:AGRICULTURE AND COOLIE
REP BY GPA HOLDER SMT KAMALAMMA RESIDING AT KOTE BEEDI NELAMANGALA-5862123 BANGALORE RURAL DIST
3. VENKATESH S/O PUTTAPPA AGED ABOUT 36 YEARS OCC:AGRICULTUTE & WEAVING
R/O KOTE BEEDI NELAMANGALA-562123 BANGALORE RURAL DIST
4. SEENAPPA @ SRINIVAS S/O SIDDAGANGAIAH AGED ABOUT 51 YERS OCC:AGRICULTURE RESIDING AT KOTE BEEDI
4
NELAMANGALA-562123 BANGALORE RURAL DIST
5. SIDDABYLAPPA S/O SIDDAPPA AGED ABOUT 66 YEARS OCC:COOLIE & CARPENTRY
RESIDING AT KOTE BEEDI NELAMANGALA-562123 BANGALORE RURAL DIST
6. SMT ARASAMMA W/O BYLAPPA AGED ABOUT 86 YEARS OCC:NIL RESIDING AT KOTE BEEDI
NELAMANGALA-562123 BANGALORE RURAL DIST
7. SMT GANGAMMA D/O ARASAMMA W/O BASAVARAJ AGED ABOUT 41 YEARS OCC:HOUSEHOLD WORK RESIDING AT KOTE BEEDI
NELAMANGALA-562123 BANGALORE RURAL DIST
8. SMT SAKAMMA W/O BYLA MURTHY AGED ABOUT 56 YEARS OCC:HOUSEHOLD WORK RESIDING AT KOTE BEEDI NELAMANGALA-562123
BANGALORE RURAL DIST
5
9. SMT SIDDAMMA W/O BYLAVENKATAPPA AGED ABOUT 46 YEARS OCC:HOUSEHOLD WORK
RESIDING AT KOTE BEEDI NELAMANGALA-562123 BANGALORE RURAL DIST
10. HANUMANTHAPPA
S/O LATE BYLAPPA AGED ABOUT 55 YEARS OCC:AGRICULTURE AND COLLIE REP BY GPA HOLDER
SMT GANGAMMA W/O BASAVARAJ RESIDING AT KOTE BEEDI NELAMANGALA-562123 BANGALORE RURAL DIST
11. BYLAVENKATAPPA
S/O BYLAPPA AGED ABOUT 65 YEARS OCC:AGRICULTURE & COOLIE
REP BY GPA HOLDER SMT GANGAMMA W/O BASAVARAJ RESIDING AT KOTE BEEDI NELAMANGALA-562123 BANGALORE RURAL DIST
12. THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA BANGALORE-560001
6
13. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA BANGALORE-56001 BANGALORE CITY
14. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING VIKASA SOUDHA BANGALORE-56001
BANGALORE CITY
15. THE TOWN MUNICIPAL COUNCIL
BANGALORE RURAL NELAMANGALA-562123 BY ITS CHIEF OFFICER
16. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT KEMPE GOWDA ROAD BANGALORE CITY-560009
17. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR B H ROAD, NELAMANGALA-562123
BANGALORE RURAL BY ITS PRESIDENT
18. G SHIVASHANKAR
MAJOR PRESIDENT PRASANNA ANJANEYA TRUST, HOUSE NO.76, 4 CROSS
7
BASAVESWARA LAYOUT VIJAYANAGAR, BANGALORE-560040
19. PUTTARAMAIAH
MAJOR SECRETARY PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR, B H RAOD NELAMANGALA-562123 BANGALORE RURAL DIST
20. H G RAJU
S/O HANUME GOWDA MAJOR R/O KOTE BEEDI PARAPPASWAMY MATH
NELAMANGALA-562123 BANGALORE RURAL DIST
21. A V SURESH BABU
S/O A VEERARAGHAVALU MAJOR LAKSHMI SHREE DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST
BANGALORE-560097 BANGALORE CITY
22. SYED SAJID
S/O LATE SYED SADIQ AGED ABOUT 41 YEARS R/O NO.416/29 18TH MAIN, 4TH I BLCOK JAYANAGAR
BANGALORE-560041
8
23. SYED WAJID
S/O LATE WAJID AGED ABOUT 36 YEARS R/O NO.416/29
18TH MAIN, 4TH I BLCOK JAYANAGAR BANGALORE-560041
24. SYED MUJAHID
S/O LATE SYED SADIQ AGED ABOUT 32 YEARS R/O NO.416/29 18TH MAIN, 4TH I BLCOK
JAYANAGAR BANGALORE-560041
25. SYED ABID
S/O LATE SYED SADIQ AGED ABOUT 32 YEARS R/O NO.416/29 18TH MAIN, 4TH I BLCOK JAYANAGAR
BANGALORE-560041
26. SRI A G RAJU
S/O ANANDAPPA AGED ABOUT 63 YEARS R/A KULAVANAHALLI TYAMAGONDLU HOBLI-562132 NELAMANGALA TALUK BANGALORE RURAL DISTRICT
27. SRI H HANUMANTHAIAH S/O HANUMAIAH
AGED ABOUT 53 YEARS
9
TYAMAGONDLU HOBLI-562132 NELAMANGALA TALUK BANGALORE RURAL DIST
28. SRI K MANI
S/O LATE KRISHNAPPA AGED ABOUT 61 YEARS
R/A NO.9 7 A CROSS, D BLOCK 9NEAR JANAKI SHIVAM COMPLEX MAGADI ROAD BANGALORE-560023
29. SRI GHOUSEPEER KHAN
S/O PEER KHAN AGED ABOUT 64 YEARS
TYAMAGONDLU HOBLI-562132 NELAMANGALA TALUK BANGALORE RURAL DIST
30. SMT ANUSYA D K
W/O LATE S SATYA MURTHY AGED ABOUT 74 YEARS R/A NO.7 4TH CROSS, KUMARA PARK WEST EXTENSION
BANGALORE-560020
31. S N RAJARAO
S/O S NARAYANA RAO AGED ABOUT 73 YEARS R/A NO.9 IV BLOCK, 4TH CROSS KUMARA PARK WEST EXTENSION BANGALORE-560020
10
32. SMT SAROJA
W/O S VASUDEVA RAO AGED ABOUT 69 YEARS R/A NO.5
OLD NO.3, 9TH CROSS SWIMMING POOL EXTENTION MALLESHWARAM BANGALORE-560003
33. SMT SHANTHA
W/O LATE M L NAGARAJ AGED ABOUT 66 YEARS R/A NO.16
AKSHAYA GRUHA LAKSHMI COLONY IST STAGE, WEST OF CHORD ROAD BASAVESHWARA NAGAR BANGALORE
34. P N NUTHANA BABU
S/O L G KRISHNAMURTHY AGED ABOUT 43 YEARS RESIDING LGM ARCADE IST FLOOR
NO.22, LAKSHMANA MUDALIAR STREET BANGALORE-560001
35. P V NAGESH BABU
S/O P R VENKATACHALAPATHY SETTY AGED ABOUT 49 YEARS R/A NO.84 2ND MAIN ROAD GAYATRI NAGAR
BANGALORE-560021
36. B R NAGARAJA SETTY
S/O LATE B L R K SETTY
11
AGED ABOUT 72 YEARS R/A NO.483 IST FLOOR, 3RD MAIN 50 FT ROAD, NAGENDRA BLOCK
HANUMANTHANAGAR BANGALORE-560061
37. NAGENDRA BABU
S/O VISHWANATH RAO MAJOR NO.55, 18TH MAIN 1ST CROSS, CANARA BANK COLONY UTTARAHALLI RAOD
BANGALORE-560061
38. P V SHASHI KUMAR
S/O P R VENKATACHALAPATHY SETTY AGED ABOUT 47 YEARS R/A NO.84 2ND MAIN ROAD GAYATRI NAGAR BANGALORE-560021
39. A REDDY VIKRAM S/O RAJAGOPAL
AGED ABOUT 40 YEARS R/A C/O K SIKJUMAR NO.18, CANARA BANK COLONY CHIKKALASANDRA VILLAGE SUBRAMANYAPURA ROAD BANGALORE-560061
40. K ANANTHA PADMANABHA S/O LATE H N KRISHNAMURTHY
AGED ABOUT 59 YEARS
12
R/A NO.13/1, I E MAIN B K NAGAR, YESHAWANTHPUR BANGALORE-560022
41. SUBRAMANYA
S/O LATE H S KRISHNA MURTHY AGED ABOUT 62 YEARS
R/A NO.417 2ND BLOCK RAJAJINAGAR BANGALORE-560010
42. HUTCHISON ESSAR SOUTH LIMITED
PRESTIGE BLUE CHIP GROUND FLOOR BLOCK-1, NO.9
HOSUR ROAD BANGALORE-560029 BY ITS MANAGER
43. MOHAMMED NOORULLA HUSSAIN
ZAR AUTO MOBILE B H ROAD NELAMANGALA-562123
BANGALORE. …RESPONDENTS
(By Sri Shashidar S.Karmadi, HCGP for R12 to 14 & 16 Sri Jayakumar S.Patil, Sr.Advocate for R1 to R11 Sri K.V.Chalapathi, Sr.Advocate for R17, 20, Sri S.Mahesh, Advocate for R15, 9 , 12,, Sri Chennaraya Reddy, Advocate for R18, 30, 26, R-29,
R-28, M/s.Just Law, Advocates for R22-25, Sri D.K.Jagadeesh, Advocate for R26-29 SriHarsha R.Londhe, Advocate for R34-39
13
Sri R.Natraj, Advocate for R14-18, 24, 25 & 27, 17 & 21) WA.NOS.539-543/2013:
BETWEEN:
1. B A GUNDA BHATTA
S/O AYYAM BHATTA AGED ABOUT 51 YEARS RESIDING AT RAGAVENDRANAGARA KEMPEGOWDA CIRCLE, BYE PASS ROAD NH4, NELLAMANGALA-562123
2. B DEVARAJU S/O BYREGOWDA AGED ABOUT 52 YEARS RESIDING AT HEGGADADEVANPURA
DASANAPURA HOBLI,ALUR POST BANGALORE NORTH TALUK-560064
3. GOPAL RAO S/O MAHADEV RAO AGED ABOUT 44 YEARS RESIDING AT JYOTHINILAYA RAGAVENDRANAGARA KEMPEGOWDA CIRCLE BYE PASS ROAD NH 4, NELLAMANGALA-562123
4. SMT RADHAMANI W/O KUMARAIAH AGED ABOUT 40 YERS RESIDING AT MF-34/4 SINDICATE BANK
QUARTERS NANDHINI LAYOUT BANGALORE-560010
5. S MUNIRAJU S/O CHANNIGAIAHA AGED ABOUT 38 YEARS RESIDING AT SRI PRASANNAJANEYA TRUST LAYOUT RAGAVENDRANAGARA, KEMPEGOWDA
14
CIRCLE, BYE PASS ROAD NH-4, NELLAMANGALA-562123 …APPELLANTS
AND:
1. ANGAPPA
AGED ABOUT 82 YEARS, S/O PUTTARANGAIAH, OCC: AGRICULTURE, R/O DEVANGA BEEDI NELAMANGALA TOWN, BANGALORE RURAL DISTRRICT
2. RANGANATH AGED ABOUT 48 YEARS,
S/O P. RANGAPPA, OCC: AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN BANGALORE RURAL DISTRICT
3. N R KRISHNADEVARAYA S/O P. RANGAPPA, AGED ABOUT 46 YEARS, OCC: AGRICULTURE,
R/O ARADHYA LAYOUT, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
4. N R CHANDRASHEKAR AGED ABOUT 42 YEARS, S/O P. RANGAPPA, OCC: AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
15
5. N R SRIRANGAPPA AGED ABOUT 39 YEARS, S/O R RANGAPPA, OCC: AGRICULTURE,
R/OMUTTONMARKET ROAD, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
6. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA, BANGALORE-560001 BANGALORE CITY
7. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGALORE-560001
BANGALORE CITY
8. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING VIKASA SOUDHA BANGALORE-560001 BANGALORE CITY
9. THE TOWN MUNCIPAL COUNCIL
NELAMANGALA-562123 BANGALORE RURAL DISTRICT
BY ITS CHIEF OFFICER (CAUSE TITLE AMENDED AS PER THE ORDER DATED 21-07-2009 IN W P)
10. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
16
BANGALORE-560009 BANGALORE CITY
11. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR B H ROAD, NELAMANGALA-562123 BANGALORE RURAL DISTRICT
BY ITS PRESIDENT BANGALORE CITY
12. G SHIVASHANKAR
PRESIDENT PRASANNA ANJANEYA TRUST HOUSE NO.76, 4TH CROSS BASAVESHWARA LAYOUT VIJAYANAGAR
BANGALORE-560040 BANGALORE CITY
13. PUTTARAMAIAH
SECRETARY PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR B H ROAD, NELAMANGALA-562123 BANGALORE RURAL DISTRICT
BANGALORE CITY
14. H G RAJU
S/O HANUME GOWDA MAJOR R/O KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
BANGALORE CITY
17
15. HANUMEGOWDA
S/O MUDDAIAH MAJOR R/O KOTE BEEDI
NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT BANGALORE CITY
16. SMT M S BHAGYA
W/O H G RAJU MAJOR R/O KTOE BEEDI
NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT BANGALORE CITY
17. H CHANDRASHEKAR
S/O HANUMEGOWDA MAJOR R/O KTOE BEEDI
NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT BANGALORE CITY
18. SMT H MANGALAGOWRI
W/O RAMANNA MAJOR R/O SPG COLONY TAVAREKERE
BANGALORE SOUTH TALUK BANGALORE
18
19. SMT T JAYANTHI
W/O S SHIVAPRASAD D/O G THAMMAIAH RETD. COMMERCIAL OFFICER
MAJOR R/O ROAD BEHIND YESHWANTHAPURA RAILWAY STATION, YESHWANTHAPUR BANGALORE BANGALORE CITY
20. SMT LEELA HEBBAR
W/O LATE C S HEBBAR(EX SECRETARY PRASANNA ANJANEYA TRUST)
MAJOR NO.98, 18TH STAGE VI PHASE V MAIN INDUSTRIAL TOWN, WEST OF CHORD ROAD BANGALORE-560044 BANGALORE CITY
21. MANJUNATH
S/O LATE C S HEBBAR MAJOR
NO.98, 18TH STAGE VI PHASE V MAIN INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044 BANGALORE CITY
22. RAJESH
S/O LATE C S HEBBAR MAJOR
NO.121, 1TH STAGE 3RD MAIN, V PHASE INDUSTRIAL TOWN, WEST OF CHORD ROAD
19
BANGALORE-560044 BANGALORE CITY
23. SMT. PADMA
D/O LATE C S HEBBAR AGE: MAJOR NO. 98, 18TH STAGE, VI PHASE, V MAIN
INDUSTRIAL TOWN, WEST OF CHORD ROAD BANGALORE-560044
24. SMT. THIMMARASAMMA
W/O LATE DASAPPA AGE: MAJOR RESIDENT OF KUMBARA BEEDI NELAMANGALA TOWN-562 123 BANGALORE RURAL DISTRICT
25. SMT SIDDARAJAMMA D/O LATE DASAPPA,
W/O NATARAJ, AGE:MAJOR, R/O KUMBARA BEEDI, NELAMANGALA TOWN-562123, BANGALORE RURAL DISTRICT,
26. A V SURESH BABU S/O A VEERARAGHAVALU, AGE:MAJOR, "LAKSHMI SRI, DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST,
BANGALORE-560097
27. N M PRASHANTH KUMAR S/O K.MUNIYAPPA, AGED ABOUT 42 YEARS,
20
# 1625, B.H.ROAD, NELAMANGALA-562123 BANGALORE RURAL DISTRICT.
(CAUSETITLE AMENDED VIDE ORDER DATED 16.3.2009) WA.NOS.544-548/2013:
BETWEEN:
1. B A GUNDA BHATTA S/O AYYAM BHATTA, AGED ABOUT 51
YEARS RESIDING AT RAGAVENDRANAGARA KEMPEGOWDA CIRCLE, BYE PASS ROAD NH4, NELLAMANGALA – 562 123.
2. B DEVARAJU S/O BYREGOWDA AGED ABOUT 52 YEARS RESIDING AT HEGGADADEVANPURA
DASANAPURA HOBLI,ALUR POST BANGALORE NORTH TALUK-560064
3. GOPAL RAO S/O MAHADEV RAO AGED ABOUT 44 YEARS RESIDING AT JYOTHINILAYA RAGAVENDRANAGARA KEMPEGOWDA CIRCLE
BYE PASS ROAD NH 4, NELLAMANGALA-562123
4. SMT RADHAMANI W/O KUMARAIAH
21
AGED ABOUT 40 YERS RESIDING AT MF-34/4 SINDICATE BANK QUARTERS NANDHINI LAYOUT
BANGALORE-560010
5. S MUNIRAJU S/O CHANNIGAIAHA AGED ABOUT 38 YEARS RESIDING AT SRI PRASANNAJANEYA TRUST LAYOUT
RAGAVENDRANAGARA, KEMPEGOWDA CIRCLE, BYE PASS ROAD NH-4, NELLAMANGALA-562123
…APPELLANTS (BY SRI M.S.RAJENDRA PRASAD, SR. ADVOCATE FOR M/S.M.S.RAJENDRA ASSOCIATES,
ADVOCATES)
AND:
1. SMT. KAMALAMMA
D/O LATE LAXMINARASIMHAIAH W/O LATE THIMMAPPA AGED ABOUT 72 YEARS, OCC: HOUSEHOLD
RESIDENT OF HOSAPALYA VILLAGE KADABA POST GUBBI TALUK, TUMKUR DISTRICT-572216
2. RAMAIAH S/O LATE LAXMINARASIMHAIAH AGED ABOUT 66 YEARS OCC: AGRICULTURE AND BUSINESS RESIDENT OF JAKKASANDRA VILLAGE KASABA HOBLI NELAMANGALA TALUK-562123
BANGALORE RURAL DISTRICT
22
3. SMT. SAROJAMMA D/O LATE LAXMINARASIMHAIAH W/O JAVAREGOWDA AGED ABOUT 63 YEARS, OCC: HOUSEHOLD
RESIDENT OF VINAYAKA NILAYA, JYOTHI NAGARA VAJARAHALLI, NELAMANGALA-562123 BANGALORE RURAL DISTRICT
4. N L SURYANARAYANA S/O LATE LAXMINARASIMHAIAH AGED ABOUT 60 YEARS, OCC: SERVICE RESIDENT OF NO. 695, MUNICIPAL QUARTERS
ROAD SUBASH NAGAR, NELAMANGALA TOWN-562 123 BANGALORE RURAL DISTRICT
5. SMT. CHANDRAMMA D/O LATE LAXMILNARASIMHAIAH W/O CHIKKAVENKATARAMU AGED ABOUT 57 YEARS, OCC: HOUSEHOLD
RESIDENT OF HOSAPALYA VILLAGE KADABA POST, GUBBI TALUK TUMKUR DISTRICT-572216
6. SMT. PUTTANARASAMMA W/O LATE
KRISHNAIAH AGED ABOUT 64 YEARS, OCC: HOUSEHOLD RESIDENT NO. 695, MUNICIPAL QUARTERS ROAD, SUBASH NAGAR, NELAMANGALA TOWN-
562123 BANGALORE RURAL DISTRICT
23
7. MADHUKAR S/O ALTE KRISHNAIAH AGED ABOUT 38 YEARS OCC: AGRICULTURE AND BUSINESS RESIDENT OF NO. 695, MUNICIPAL QUARTERS
ROAD SUBASH NAGAR, NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
8. KUMARASWAMY S/O LATE KRISHNAIAH
AGED ABOUT 36 YEARS OCC: AGRICULTURE AND BUSINESS RESIDENT OF NO. 695, MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
9. THE STATE OF KARNATAKA CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE-560001
10. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001
11. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING VIKASA SOUDHA, BANGALORE-560001
12. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA-562123. BANGALORE RURAL DISTRICT,
24
BY ITS CHIEF OFFICER
13. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT,
BANGALORE 560001 14. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR, B H ROAD, NELAMANGALA 562123, BANGALORE RURAL DISTRICT,
BY ITS PRESIDENT,
15. G SHIVASHANKAR PRESIDENT, PRASANNA NAJANEYA TRUST, HOUSE NO 76, 4TH CROSS, BASAVESHWARA LAYOUT,
VIJAYANAGAR, BANGALORE-560040
16. PUTTARAMAIAH
SECRETARY, PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B H ROAD, NELAMANGALA 562123, BANGALORE RURAL DISTRICT,
17. H G RAJU
S/O HANUME GOWDA, AGE MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH NELAMANGALA-562123, BANGALORE RURAL DISTRICT.
18. HANUMEGOWDA S/O MUDDAIAH,
25
AGE MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123.
BANGALORE RURAL DISTRICT,
19. SMT M S BHAGYA W/O H G RAJU AGED MAJOR, R/O KOTE BEEDI,
NEAR PARAPPASWAMY MATH, NELAMANGALA 562123, BAGNALORE RURAL DISTRICT,
20. H CHANDRASHEKAR S/O HANUMEGOWDA,
AGE MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123, BANGALORE RURAL DISTRICT,
21. SMT H MANGALAGOWRI W/O RAMANNA, AGE MAJOR, R/O S P G COLONY, TAVAREKERE, BANGALORE SOUTH TALUK, BANGALORE-572139
22. SMT T JAYANTHI
W/O S SHIVAPRASAD, D/O G THAMMAIAH, RETD., COMMERCIAL OFFICER, AGE MAJOR,
R/O ROAD BEHIND YESHWANTHAPUR RAILWAY
26
STATIEON, YESHWANTHAPUR BANGALORE -560022
23. SMT LEELA HEBBAR
W/O LATE C S HEBBAR EX SECRETARY, PRASANNA ANJANEYA TRUST, AGE MAJOR, NO.98, 18TH STAGE, VI PHASE, V MAIN INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044
24. MANJUNATH S/O LATE C S HEBBAR
AGED MAJOR, NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044.
25. RAJESH
S/O LATE C S HEBBAR AGED MAJOR,
NO.121, 1STAGE, 3RD MAIN V PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-5600444
26. SMT. PADMA
AGE MAJOR NO.98, 18TH STAGE, VI PHASE V MAIN, INDUSTRIAL TOWN
WEST OF CHORD ROAD BANGALORE-560044
(CAUSETITLE AMENDED AS PER ORDER DATED
30.07.2010)
27
27. SMT THIMMARASAMMA W/O LATE DASAPPA, AGE MAJOR, R/O KUMBARA BEEDI,
NELAMANGALA TOWN 562123, BANGALORE RURAL DISTRICT,
28. SMT SIDDARAJAMMA W/O NATARAJ, D/O LATE DASAPPA,
AGE MAJOR, R/O KUMBARA BEEDI, NELAMANGALA TOWN 562123 BANGALORE RURAL DITRICT,
29. A V SURESH BABU
S/O A VEERARAGHAVALU, AGE MAJOR, LAKSHMI SRI, DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BANGALORE-560097
…RESPONDENTS
WA.NOS.549-553/2013:
BETWEEN:
1. B A GUNDA BHATTA
S/O AYYAM BHATTA AGED ABOUT 51 YEARS
RESIDING AT RAGAVENDRANAGARA KEMPEGOWDA CIRCLE, BYE PASS ROAD NH4, NELLAMANGALA-562123
28
2. B DEVARAJU S/O BYREGOWDA AGED ABOUT 52 YEARS RESIDING AT HEGGADADEVANPURA DASANAPURA HOBLI,ALUR POST
BANGALORE NORTH TALUK-560064
3. GOPAL RAO S/O MAHADEV RAO AGED ABOUT 44 YEARS RESIDING AT JYOTHINILAYA RAGAVENDRANAGARA KEMPEGOWDA CIRCLE BYE PASS ROAD NH 4, NELLAMANGALA-562123
4. SMT RADHAMANI W/O KUMARAIAH AGED ABOUT 40 YERS RESIDING AT MF-34/4 SINDICATE BANK
QUARTERS NANDHINI LAYOUT BANGALORE-560010
5. S MUNIRAJU S/O CHANNIGAIAHA AGED ABOUT 38 YEARS RESIDING AT SRI PRASANNAJANEYA TRUST LAYOUT RAGAVENDRANAGARA, KEMPEGOWDA CIRCLE, BYE PASS ROAD NH-4, NELLAMANGALA-562123 …APPELLANTS
AND:
1. SMT. JAYAMMA
W/O N NARASINGAPPA AGED ABOUT 84 YEARS OCC: HOUSEHOLD
RESIDENT OF JAKKASANDRA VILLAGE
29
KASABA HOBLI, NELAMANGALA TALUK-562 123 BANGALORE RURAL DISTRICT
2. N BHOGANNA
S/O N NARASINGAPPA AGED ABOUT 64 YEARS AGRICULTURE AND BUSINESS
RESIDENT OF JAKKASANDRA VILLAGE KASABA HOBLI, NELAMANGALA TALUK-562123 BANGALORE RURAL DISTRICT
3. SMT VIJAYALAKSHMI D/O N NARASINGAPPA
W/O LATE GOVINDAIAH AGED ABOUT 60 YEARS OCC: HOUSE HOLD RESIDENT OF CHANNENAHALLI
BELLAVI POST, TQ AND DIST TUMKUR-572101
4. SMT. INDIRALAKSHMI D/O N NARASINGAPPA
W/O LATE LAKKANNA AGED ABOUT 57 YEARS, OCC: HOUSEHOLD RESIDENT OF ARASINGARA BEEDI CHIKKAPETE TUMKUR-571101
5. N YOGANANDA S/O N NARASINGAPPA
AGED ABOUT 52 YEARS OCC: AGRICULTURE AND BUSINESS
RESIDENT OF JAKKASANDRAZ VILLAGE KASABA HOBLI NELAMANGALA TALUK-562123 BANGALORE RURAL DISTRICT
6. SMT. LAKSHMIDEVI D/O N NARASINGAPPA
W/O RANGASWAMY
30
AGED ABOUT 50 YEARS, OCC: HOUSEHOLD RESIDENT OF DASARAMUDDAIANAPALYA OORUKERE POST TALUK AND DIST TUMKUR-572101
7. N HARIPRAKASH S/O N NARASINGAPPA AGED ABOUT 48 YEARS
OCC: AGRICULTURE AND BUSINESS R/O JAKKASANDRA VILLAGE KASABA HOBLI, NELAMANGALA TALUK-562 123 BANGALORE RURAL DISTRICT
8. THE STATE OF KARNATAKA
CHEIF SECRETARY TO GOVERNMENT VIDHANA SOUDHA, BANGALORE-560001
BANGALORE CITY
9. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001,
10. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING,
VIKASA SOUDHA, BANGALORE-560001
11. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA-562123, BANGALORE RURAL DISTRICT,
31
BY ITS CHIEF OFFICER, (CAUSETITLE AMENDED AS PER ORDER DATED 21.07.2009)
12. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT, BANGALORE-560009
BANGALORE CITY.
13. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR, B H ROAD, NELAMANGALA-562123, BANGALORE RURAL DISTRICT, BY ITS PRESIDENT, BANGALORE RURAL
14. G SHIVASHANKAR PRESIDENT, PRASANNA ANJANEYA TRUST,
HOUSE NO 76, 4TH CROSS, BASAVESHWARA RLYOUT, VIJAYANAGAR, BANGALORE-560040 BANGALORE CITY.
15. PUTTARAMAIAH
SECRETARTY PRASANNA ANJANEYA TRUST, RAGHAVENDRA NAGAR,
B H ROAD, NELAMANGALA-562123, BANGALORE RURAL DISTRICT, BANGALORE RURAL
16. H G RAJU
S/O HANUME GOWD, AGED MAJOR,
32
R/OKTOE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123, BANGALORE RURAL DISTRICT,
BANGALORE RURAL
17. HANUMEGOWDA
S/O MUDDAIAH, AGE MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MAIN, NALAMANGALA562123, BANGALORE RURAL DISTRICT,
BANGALORE.
18. SMT M S BHAGYA
W/O H G RAJU, AGE MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA 562123, BANGALORE RURAL DISTRICT,
BANGALORE RURAL
19. H CHANDRASHEKAR
S/O HANUMEGOWDA, AGED MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA 562123, BANGALORE RURAL DISTRICT,
BANGALORE RURAL
20. SMT H MANGALAGOWRI
W/O RAMANNA,
33
AGE MAJOR, R/O S P G COLONY, TAVAREKERE, BANGALORE SOUTH TALUK, BANGALORE
BANGALORE CITY.-572139
21. SMT T JAYANTHI
W/O S SHIVAPRASAD, D/O G THIMMAIAH, RED., COMMECIAL OFFICER, AGE MAJOR, SR/O ROAD BEHIND YESHWANTHAPUR RAILWAY STATION, YESHWANTHAPUR,
BANGALORE BANGALORE CITY.-560022
22. SMT LEELA HEBBAR
W/O LATE C S HEBBAR EX SECRETARY PRASANNA ANJANEYA TRUST, AGE MAJOR, NO.98, 18TH STAGE, VI PHASE, V MAIN INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044
23. MANJUNATH S/O LATE C S HEBBAR,
AGE MAJOR, NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044 BANGALORE CITY.
24. RAJESH S/O LATE C S HEBBAR,
AGE MAJOR,
34
NO.121, I STAGE, 3RD MAIN, V PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044,
BANGALORE CITY.
25. SMT. PADMA
D/O LATE C S HEBBAR AGE: MAJOR NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-44 (AMENDED AS PER THE ORDER DATED
30.07.2010 IN WP)
26. SMT. THIMMARASAMMA
W/O LATE DASAPPA MAJOR R/O KUMBARA BEEDI NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
27. SMT SIDDARAJAMMA
W/O NATARAJ, D/O LATE DASAPPA,
AGE MAJOR, R/O KUMBARA BEEDI, NELAMANGALA TOWN-562123, BANGALORE RURAL DISTRICT, BANGALORE RURAL
28. A V SURESH BABU
S/O A VEERARAGHAVALU, AGE MAJOR,
LAKSHMI SRI. DODDABOMMASANDRA VILLAGE,
35
VIDYARANYAPURA POST, BANGALORE-560097 BANGALORE CITY. …RESPONDENTS
WA.NOS.554-558/2013:
BETWEEN:
1. B A GUNDA BHATTA
S/O AYYAM BHATTA AGED ABOUT 51 YEARS RESIDING AT RAGAVENDRANAGARA KEMPEGOWDA CIRCLE, BYE PASS ROAD NH4, NELLAMANGALA-562123
2. B DEVARAJU
S/O BYREGOWDA AGED ABOUT 52 YEARS RESIDING AT HEGGADADEVANPURA
DASANAPURA HOBLI,ALUR POST BANGALORE NORTH TALUK-560064
3. GOPAL RAO
S/O MAHADEV RAO AGED ABOUT 44 YEARS RESIDING AT JYOTHINILAYA RAGAVENDRANAGARA KEMPEGOWDA CIRCLE BYE PASS ROAD NH 4, NELLAMANGALA-562123
4. SMT RADHAMANI W/O KUMARAIAH AGED ABOUT 40 YEARS
RESIDING AT MF-34/4 SINDICATE BANK QUARTERS NANDHINI LAYOUT BANGALORE-560096
5. S MUNIRAJU
S/O CHANNIGAIAHA AGED ABOUT 38 YEARS RESIDING AT SRI PRASANNAJANEYA TRUST
36
LAYOUT RAGAVENDRANAGARA, KEMPEGOWDA CIRCLE, BYE PASS ROAD NH-4, NELLAMANGALA-562123 …APPELLANTS
AND:
1. P. RANGAPPA
S/O PUTTARANGAIAH AGED ABOUT 82 YEARS OCC: AGRICULTURE R/O DEVANGA BEEDI
NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
2. N.R. RANGANATH
S/O P. RANGAPPA AGED ABOUT 48 YEARS OCC: AGRICULTURE R/O DEVANGA BEEDI NELAMANGALA TOWN-562123
BANGALORE RURAL DISTRICT
3. N.R. KRISHNADEVARAYA
S/O P. RANGAPPA AGED ABOUT 46 YEARS OCC: AGRICULTURE R/O ARADHYA LAYOUT NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
4. N.R. CHANDRASHEKAR S/O P. RANGAPPA
AGED ABOUT 42 YEARS OCC: AGRICULTURE R/O DEVANGA BEEDI,
37
NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
5. N.R. SRIRANGAPPA
S/O P. RANGAPPA AGED ABOUT 39 YEARS OCC: AGRICULTURE
R/O MUTTON MARKET ROAD, NELAMANGALA TOWN-562123 BANGALORE RURAL DISTRICT
6. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE-01
7. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, BANGALORE-01
8. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING,VIKASA SOUDHA, BANGALORE-01
9. THE TOWN MUNCIPAL COUNCIL
NELAMANGALA -562123 BANGALORE RURAL DISTRICT BY ITS CHIEF OFFICER
10. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT
BANGALORE-09
38
11. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR, B.H. ROAD, NELAMANGALA-562123
BANGALORE RURAL DISTRICT BY ITS PRESIDENT
12. G. SHIVASHANKAR
PRESIDENT, PRASANNA ANJANEYA TRUST, HOUSE NO.76, 4TH CROSS, BASAVESHWARA LAYOUT, VIJAYANAGAR,
BANGALORE-40
13. PUTTARAMAIAH
SECRETARY PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B.H. ROAD, NELAMANGALA-562123 BANGALORE RURAL DISTRICT
14. H.G. RAJU S/O HANUME GOWDA AGE: MAJOR R/O KOTE BEEDI NEAR PARAPPASWAMY MATH, NELAMANGALA-562123
BANGALORE RURAL DISTRICT. … RESPONDENTS
*****
THESE WRIT APPEALS ARE FILED UNDER
SECTION 4 OF THE KARNATAKA HIGH COURT ACT
39
PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.11883/2006 A/W WRIT PETITION NO.15877-79/2008, WP.NO.16801/2008, WP.NO.16802/2008, WP.NO.15880/2008 DATED
10.10.2012.
THESE WRIT APPEALS COMING ON FOR ORDERS THIS DAY, K.L.MANJUNATH J., DELIVERED THE FOLLOWING:-
JUDGMENT
We have heard Shri.M.S.Rajendra Prasad, learned
senior counsel appearing for the appellants. The
appellants herein are questioning the legality and
correctness of the order passed by the Learned Single
Judge in W.P. No.11883/2006 and all other connected
writ petition dated 10.10.2012.
2. According to him the appellants herein were
not parties before the Learned Single Judge, though the
Learned Single Judge has referred in his order about
the rights of several third parties; order has been passed
by his Lordship without hearing the appellants herein
40
and the impugned order is directly affecting the rights of
the appellants.
3. Sri.M.S.Rajendra Prasad, learned counsel for
the appellants submits that when the appellants herein
were not parties before the Learned Single Judge, where
their rights are affecting, the appellants can maintain a
separate writ petition challenging the order of the
Learned Single Judge and such writ petitions are to be
heard by the very same Learned Single Judge.
4. Therefore, the learned counsel for the
appellants submits that the appellants may be
permitted to convert these appeals into writ petitions to
place their grievance before the Learned Single Judge.
In the circumstances, he requests the Court to permit
the appellants the convert these appeals into writ
petitions.
41
5. Having heard the learned counsel for the
appellants, we are also of the view that in the interest of
justice, liberty has to be granted to the appellants to
convert the appeals into writ petitions.
6. Accordingly, appellants are permitted to
convert these appeals into writ petitions and the registry
is directed to assign separate numbers and the matter
may be placed before the Learned Single Judge.
7. Accordingly, these appeals are disposed off.
Sd/- JUDGE
Sd/- JUDGE JJ