present the hon’ble mr.justice …judgmenthck.kar.nic.in/judgments/bitstream/123456789/...s/o...

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


7. SMT GANGAMMA D/O ARASAMMA W/O BASAVARAJ AGED ABOUT 41 YEARS OCC:HOUSEHOLD WORK RESIDING AT KOTE BEEDI


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


BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT

VIKASA SOUDHA BANGALORE-56001 BANGALORE CITY


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


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

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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


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)


BANGALORE RURAL DISTRICT

16



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


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


17. H CHANDRASHEKAR

S/O HANUMEGOWDA MAJOR R/O KTOE BEEDI


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


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


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


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


BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001


BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING VIKASA SOUDHA, BANGALORE-560001


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


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


CHEIF SECRETARY TO GOVERNMENT VIDHANA SOUDHA, BANGALORE-560001

BANGALORE CITY


BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001,


BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING,

VIKASA SOUDHA, BANGALORE-560001


NELAMANGALA-562123, BANGALORE RURAL DISTRICT,

31

BY ITS CHIEF OFFICER, (CAUSETITLE AMENDED AS PER ORDER DATED 21.07.2009)


BANGALORE RURAL DISTRICT, BANGALORE-560009

BANGALORE CITY.


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


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


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


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


BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE-01


BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT

VIKASA SOUDHA, BANGALORE-01


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


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

present the hon’ble mr.justice …judgmenthck.kar.nic.in/judgments/bitstream/123456789/...s/o...

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