Extracted from the PDF above. The PDF is authoritative.
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3rd DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 2616 OF 2013 (LA-RES) C/W WRIT APPEAL NO. 8447 OF 2012 (LA-RES) WRIT APPEAL NO. 8448 OF 2012 (LA-RES) WRIT APPEAL NO. 8449 OF 2012 (LA-RES) WRIT APPEAL NO. 8450 OF 2012 (LA-RES) WRIT APPEAL NO. 8451 OF 2012 (LA-RES)
IN WA No. 2616/2013 BETWEEN:
1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, BANGALORE-560 001. 3. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING, VIKASA SOUDHA, BANGALORE-560 001. ® Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE. …APPELLANTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
AND:
1. HANUMANTHAPPA S/O MOGANNA, AGED ABOUT 52 YEARS, OCCUPATION:AGRICULTURE AND COOLIE. 2. SIDDABYLAPPA S/O MOGANNA, AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURE AND COOLIE,
3. VENKATESH S/O PUTTAPPA, AGED ABOUT 37 YEARS, OCCUPATION:AGRICULTURE AND WEAVING,
4. SEENAPPA @ SRINIVAS S/O SIDDAGANGAIAH, AGED ABOUT 51 YEARS, OCCUPATION: AGRICULTURE,
5. SIDDABYLAPPA S/O SIDDAPPA, AGED ABOUT 66 YEARS, OCCUPATION: COOLIE AND CARPENTARY,
6. SMT.ARASAMMA W/O BYLAPPA, AGED ABOUT 86 YEARS, OCCUPATION: NIL,
7. SMT.GANGAMMA D/O ARASAMMA (WIFE OF BASAVARAJ), AGED ABOUT 41 YEARS,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
OCCUPATION: HOUSE HOLD WORK,
8. SMT.SAKAMMA W/O BYLA MURTHY, AGED ABOUT 56 YEARS, OCCUPATION:HOUSE HOLD WORK,
9. SMT.SIDDAMMA W/O BYLA VENKATAPPA, AGED ABOUT 46 YEARS, OCCUPATION:HOUSE HOLD WORK,
10. HANUMANTHAPPA S/O LATE BYLAPPA, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURE AND COOLIE,
11. BYLAVENKATAPPA S/O BYLAPPA, AGED ABOUT 65 YEARS, OCCUPATION: AGRICULTURE AND COOLIE,
PETITIONERS 10 AND 11 BY G.P.A. HOLDER GANGAMMA, (WIFE OF BASAVARAJ-PETITIONER NO.7),
ALL ARE R/AT KOTE BEEDI, NELAMANGALA, BANGALORE RURAL DISTRICT
12. THE TOWN MUNCIPAL COUNCIL NELAMANGALA, BANGALORE, BY ITS CHIEF OFFICER. 13. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT, BY ITS PRESIDENT. 14.
G.SHIVASHANKAR
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
MAJOR, PRESIDENT, PRASANNA ANJANEYA TRUST, HOUSE NO.76, 4TH CROSS ROAD, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE-560 040. 15. PUTTARAMAIAH MAJOR, SECRETARY, PRASANNA ANJANEYA TRUST, RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT. 16. H.C.RAJU S/O HANUME GOWDA, MAJOR, RESIDENT OF KOTE BEEDI, PARAPPASWAMY MATH, NELAMANGALA, BANGALORE RURAL DISTRICT. 17. A.V.SURESH BABU, S/O A.VEERARAGAVALU, MAJOR, LAKSHMI SHREE, DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BANGALORE-97. 18. SYED SAJID S/O LATE SYED SADIQ, AGED ABOUT 41 YEARS, R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK, JAYANAGAR, BANGALORE-41. 19. SYED WAJID S/O LATE SYED SADIQ, AGED ABOUT 36 YEARS, R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK, JAYANAGAR, BANGALORE-41. 20. SYED MUJAHID
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
S/O LATE SYED SADIQ, AGED ABOUT 32 YEARS, R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK, JAYANAGAR, BANGALORE-41. 21. SYED ABID S/O LATE SYED SADIQ, AGED ABOUT 34 YEARS, R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK, JAYANAGAR, BANGALORE-41. 22. SRI.A.G.RAJU S/O ANDANAPPA, AGED ABOUT 64 YEARS, R/AT KULAVANAHALLI, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 23. SRI.H.HANUMANTHAIAH S/O HANUMAIAH, AGED ABOUT 59 YEARS, RESIDING AT KULAVANAHALLI, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 24. SRI.K.MANI S/O LATE KRISHNAPPA, AGED ABOAUT 61 YEARS, R/AT NO.9, 7A CROSS, D BLOCK, (NEAR JANAKI SHIVAM COMPLEX), MAGADI ROAD, BANGALORE-560 023. 25. SRI GHOUSEPEER KHAN S/O PEER KHAN, AGED ABOUT 64 YEARS, R/AT KULAVANAHALLI, THYAMAGONDLU HOBLI, NELAMANGALA TALUK,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
BANGALORE RURAL DISTRICT. 26. SMT.ANUSYA D.K.
W/O LATE S.SATHYAMURTHY, AGED ABOUT 74 YEARS, R/AT NO.7, 4TH CROSS, KUMARA PARK WEST, EXTENSION, BANGALORE-560 020. 27. S.N.RAJA RAO S/O S.NARAYANA RAO, AGED ABOUT 73 YEARS, R/AT NO.9, IV BLOCK, 4TH CROSS, KUMARA PARK WEST EXTENSION, BANGALORE-560 020. 28.
SMT.SAROJA W/O S.VASUDEVA RAO, AGED ABOUT 69 YEARS, RESIDING AT NO.5, OLD NO.3, 9TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BANGALORE-560 003. 29. SMT SHANTHA W/O LATE M.L.NAGARAJ, AGED ABOUT 66 YEARS, RESIDING AT NO.16, AKSHAYA GRUHA LAKSHMI COLONY, 1ST STAGE, WEST OF CHORD ROAD, BASAVESHWARA NAGAR, BANGALORE. 30. P.N.NUTHANA BABU S/O L.G.KRISHNAMURTHY, AGED ABOUT 43 YEARS, R/AT LGM ARCADE 1ST FLOOR, NO.22, LAKSHMANA MUDALIAR STREET, BANGALORE-560 001. 31. P V NAGESH BABU
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
S/O P R VENKATACHALAPATHY SETTY AGED ABOUT 49 YEARS RESIDING AT NO.84 2ND MAIN ROAD GAYATHRI NAGAR BANGALORE-560021
32. B R NAGARAJA SETTY S/O LATE B L R K SETTY AGED ABOUT 72 YEARS RESIDING AT NO.483 1ST FLOOR, 3RD MAIN 50 FT ROAD, NAGENDRA BLOCK HANUMANTHANAGAR BANGALORE-560050
33. M NARENDRA BABU S/O VISHWANATH RAO MAJOR NO.55, 18TH MAIN 1ST CROSS, CANARA BANK COLONY UTTARAHALLI ROAD BANGALORE-560061
34. P V SHASHI KUMAR S/O P R VENAKATACHALAPATHY SETTY AGED ABOUT 46 YEARS RESIDING AT NO.84 2ND MAIN ROAD GAYATHRINAGAR BANGALORE-560021
35. REDDY VIKRAM S/O RAJAGOPAL AGED ABOUT 40 YEARS RESIDING AT C/O K SIKJUMAR NO.18, CANARA BANK COLONY CHIKKALASANDRA VILLAGE SUBRAMANYAPURA ROAD BANGALORE-560061
36. K ANANTHA PADMANABHA
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
S/O LATE H N KRISHNA MURTHY AGED ABOUT 54 YEARS RESIDING AT NO.13/1, I E MAIN B K NAGAR, YESHWANTHPUR BANGALORE-560022
37. SUBRAMANYA S/O LATE H S KRISHNAMURTHY AGED ABOUT 62 YEARS RESIDING AT NO.471 2ND BLOCK RAJAJINAGAR BANGALORE-560010
38. HUTCHISON ESSAR SOUTH LIMITED PRESTIGE BLUE CHIP GROUND FLOOR BLOCK-1, NO.9 HOSUR ROAD BANGALORE-560029 BY ITS MANAGER
39. MOHMD NOORULLA HUSSAIN ZAX AUTOMOBILE B H ROAD, NELAMANGALA BANGALORE
40. A.S. KALAVATHI, W/O K.A. SATISH KUMAR AGE 73 YEARS, 63/1, GROUND FLOOR, KANAKAPURA ROAD, FACING GOVINDAPPA ROAD, BASAVANAGUDI, BANGALORE. 41. A.S.RADHIKA, W/O M.R.RAMESH, AGED 56 YEARS, 63/1, GROUND FLOOR, KANAKAPURA ROAD, BASAVANAGUDI, BANGALORE. - 9 -
WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
42.
P RANGAPPA S/O PUTTARANGAIAH AGED ABOUT 84 YEARS OCCUPATION: AGRICULTURE RESIDENT OF DEVANGA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
43. N R RANGANATH S/O P RANGAPPA AGED ABOUT 50 YEARS OCCUPATION: AGRICULTURE RESIDENT OF DEVANGA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
44. N R KRISHNADEVARAYA S/O P RANGAPPA AGED ABOUT 48 YEARS OCCUPATION: AGRICULTURE RESIDENT OF ARADHYA LAYOUT NELAMANGALA TOWN BANGALORE RURAL DISTRICT
45. N R CHANDRASHEKAR S/O P RANGAPPA AGED ABOUT 44 YEARS OCCUPATION: AGRICULTURE RESIDENT OF DEVANGA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
46. N R SRIRANGAPPA S/O P RANGAPPA AGED ABOUT 41 YEARS OCCUPATION: AGRICULTURE RESIDENT OF MUTTON MARKET ROAD NELAMANGALA TOWN BANGALORE RURAL DISTRICT
47. THE TOWN MUNICIPAL COUNCIL NELAMANGALA
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
BANGALORE BY ITS CHIEF OFFICER
48. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR B H ROAD NELAMANGALA BANGALORE RURAL DISTRICT BY ITS PRESIDENT
49. G SHIVASHANKAR MAJOR, PRESIDENT PRASANNA ANJANEYA TRUST HOUSE NO.76 4TH CROSS, BASAVESHWARA LAYOUT VIJAYANAGAR, BANGALORE-560040
50. PUTTARAMAIAH MAJOR, SECRETARY PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR B H ROAD, NELAMANGALA BANGALORE RURAL DISTRICT
51. H G RAJU S/O HANUME GOWDA MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
52. HANUMEGOWDA S/O MUDDAIAH MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
53. SMT M S BHAGYA W/O H G RAJU
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
54. H CHANDRASHEKAR S/O HANUMEGOWDA MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
55. SMT H MANGALAGOWRI W/O RAMANNA MAJOR RESIDENT OF S P G COLONY TAVAREKERE BANGALORE SOUTH TALUK BANGALORE
56. SMT T JAYANTHI W/O S SHIVAPRASAD D/O G THAMMAIAH RETIRED COMMERCIAL OFFICER MAJOR, RESIDENT OF ROAD BEHIND YESHWANTHPUR RAILWAY STATION, YESHWANTHAPUR BANGALORE
57.
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
58. MANJUNATH S/O LATE C S HEBBAR
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
MAJOR NO.98 18TH STAGE, VI PHASE V MAIN, INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
59. RAJESH S/O LATE C S HEBBAR MAJOR NO. 121, I STAGE 3RD MAIN, V PHASE INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
60. SMT PADMA D/O LATE C S HEBBAR MAJOR NO. 98, 18TH STAGE VI PHASE, V MAIN INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
61. SMT THIMMARASAMMA W/O LATE DASAPPA MAJOR RESIDENT OF KUMBARA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
62. SMT SIDDARAJAMMA W/O NATARAJ D/O LATE DASAPPA MAJOR RESIDENT OF KUMBARA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
63. A V SURESH BABU S/O A VEERARAGHAVALU MAJOR
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
"LAKSHMI SRI" DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BANGALORE-560097
64. N M PRASHANTH KUMAR S/O K MUNIYAPPA AGED ABOUT 44 YEARS NO.1625, B H ROAD NELAMANGALA BANGALORE DISTRICT
65. SMT. KAMALAMMA DAUGHTER OF LATE LAXMINARASIMHAIAH WIFE OF LATE THIMMAPPA AGED ABOUT 74 YEARS OCCUPATION: HOUSEHOLD RESIDENT OF HOSAPALYA VILLAGE KADABA POST, GUBBI TALUK TUMKUR DISTRICT
66. RAMAIAH SON OF LATE LAXMINARASIMHAIAH AGED ABOUT 68 YEAS OCCUPATION: AGRICULTURE AND BUSINESS RESIDENT OF JAKKASANDRA VILLAGE KASABA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT
67. SMT. SAROJAMMA DAUGHTER OF LATE LAXMINARASIMHAIAH WIFE OF JAVAREGOWDA AGED ABOUT 65 YEARS OCCUPATION: HOUSEHOLD RESIDENT OF
"VINAYAKA NILAYA" JYOTHI NAGARA VAJARAHALLI, NELAMANGALA BANGALORE RURAL DISTRICT
68. N L SURYANARAYANA SON OF LATE LAXMINARASIMHAIAH
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
AGED ABOUT 62 YEARS OCCUPATION: SERVICE RESIDENT OF NO. 695 MUNICIPAL QUARTERS ROAD SUBASH NAGAR, NELAMANGALA TOWN BANGALORE RURAL DISTRICT
69. SMT.
CHANDRAMMA DAUGHTER OF LATE LAXMINARASIMHAIAH WIFE OF CHIKKAVENKATARAMU AGED ABOUT 59 YEARS OCCUPATION: HOUSEHOLD RESIDENT OF HOSAPALYA VILLAGE KADABA POST, GUBBI TALUK TUMKUR DISTRICT
70. SMT. PUTTANARASAMMA WIFE OF LATE KRISHNAIAH AGED ABOUT 66 YEARS OCCUPATION: HOUSEHOLD RESIDENT OF NO. 695 MUNICIPAL QUARTERS ROAD SUBASH NAGAR, NELAMANGALA TOWN BANGALORE RURAL DISTRICT
71. MADHUKAR SON OF LATE KRISHNAIAH AGED ABOUT 40 YEARS OCCUPATION: AGRICULTURE AND BUSINESS RESIDENT NO. 695 MUNICIPAL QUARTERS ROAD SUBASH NAGAR, NELAMANGALA TOWN BANGALORE RURAL DISTRICT
72. KUMARASWAMY SON OF LATE KRISHNAIAH AGED ABOUT 38 YEARS OCCUPATION: AGRICULTURE AND BUSINESS RESIDENT NO. 695 MUNICIPAL QUARTERS ROAD
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
SUBASH NAGAR, NELAMANGALA TOWN BANGALORE RURAL DISTRICT
73. THE TOWN MUNICIPAL COUNCIL NELAMANGALA BANGALORE RURAL DISTRICT BY ITS CHIEF OFFICER
74. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR B H ROAD NELAMANGALA BANGALORE RURAL DISTRICT BY ITS PRESIDENT
75. G SHIVASHANKAR PRESIDENT PRASANNA ANJANEYA TRUST HOUSE NO. 76 4TH CROSS, BASAVESHWARA LAYOUT, VIJAYANAGAR BANGALORE-560040
76. PUTTARAMAIAH SECRETARY PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR B H ROAD, NELAMANGALA BANGALORE RURAL DISTRICT
77. H G RAJU SON OF HANUME GOWDA MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
78. HANUMEGOWDA SON OF MUDDAIAH MAJOR
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
79. SMT. M S BHAGYA WIFE OF H G RAJU MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
80. H CHANDRASHEKAR SON OF HANUMEGOWDA MAJOR RESIDENT OF KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
81. SMT. H MANGALAGOWRI WIFE OF RAMANNA MAJOR RESIDENT OF S.P.G. COLONY TAVAREKERE BANGALORE SOUTH TALUK BANGALORE
82. SMT.
T JAYANTHI WIFE OF S SHIVAPRASAD DAUGHTER OF G THAMMAIAH RETIRED COMMERCIAL OFFICER MAJOR RESIDENT OF ROAD BEHIND YESHWANTHAPUR RAILWAY STATION YESHWANTHAPUR, BANGALORE
83. SMT. LEELA HEBBAR WIFE OF LATE C S HEBBAR (EX. SECRETARY, PRASANNA ANJANEYA TRUST)
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
MAJOR NO. 98, 18TH STAGE VI PHASE, V MAIN INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
84. MANJUNATH SON OF LATE C S HEBBAR MAJOR NO. 98, 18TH STAGE VI PHASE, V MAIN INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
85. RAJESH SON OF LATE C S HEBBAR MAJOR NO. 121, I STAGE 3RD MAIN, V PHASE INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
86. SMT. PADMA DAUGHTER OF LATE C S HEBBAR MAJOR NO.98, 18TH STAGE VI PHASE, V MAIN INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
87. SMT. THIMMARASAMMA WIFE OF LATE DASAPPA MAJOR RESIDENT OF KUMBARA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
88. SMT. SIDDARAJAMMA
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
WIFE OF NATARAJ DAUGHTER OF LATE DASAPPA MAJOR RESIDENT OF KUMBARA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
89. A V SURESH BABU SON OF A VEERARAGHAVALU MAJOR
"LAKSHMI SRI" DODDABOMMASANDRA VILLAGE VIDYARANYAPURA POST BANGALORE-560097
90. SMT. JAYAMMA WIFE OF N NARASINGAPPA AGED ABOUT 86 YEARS OCCUPATION: HOUSEHOLD RESIDENT OF JAKKASANDRA VILLAGE KASABA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT
91. N BHOGANNA SON OF N NARASINGAPPA AGED ABOUT 66 YEARS OCCUPATION: AGRICULTURE AND BUSINESS RESIDENT OF JAKKASANDRA VILLAGE KASABA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT
92. SMT. VIJAYALAKSHMI DAUGHTER OF N NARASINGAPPA WIFE OF LATE GOVINDAIAH AGED ABOUT 62 YEARS OCCUPATION: HOUSEHOLD RESIDENT OF CHANNENAHALLI BELLAVI POST TALUK AND DISTRICT: TUMKUR
93.
SMT INDIRALAKSHMI DAUGHTER OF N.NARASINGAPPA,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
WIFE OF LATE LAKKANNA, AGED ABOUT 59 YEARS, OCCUPATION:HOUSEHOLD, RESIDENT OF ARASINGARA BEEDI, CHIKKAPETE, TUMKUR. 94. N YOGANANDA SON OF N.NARASINGAPPA, AGD ABOUT 54 YEARS, OCCUPATION:AGRICULTURE AND BUSINESS, RESIDENT OF JAKKASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 95. SMT LAKSHMIDEVI DAUGHTER OF N.NARASINGAPPA, WIFE OF RANGASWAMY, AGED ABOUT 52 YEARS, OCCUPATION:HOSEHOLD, RESIDENT OF DASARAMUDDAIANAPALYA, OORUKERE POST, TALUK AND DISTRICT:TUMKUR. 96. N HARIPRAKASH SON OF N.NARASINGAPPA, AGED ABOUT 50 YEARS, OCCUPATION:AGRICULTURE AND BUSINESS, RESIDENT OF JAKKASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 97. THE TOWN MUNICIPAL COUNCIL NELAMANGALA, BANGALORE, BY ITS CHIEF OFFICER. 98. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT, BY ITS PRESIDENT. 99. G SHIVASHANKAR
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
PRESIDENT, PRASANNA ANJANEYA TRUST, HOUSE NO.76, 4TH CROSS BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE-560040
100. PUTTARAMAIAH SECRETARY, PRASANNA ANJANEYA TRUST, RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT. 101. H G RAJU SON OF HANUME GOWDA, MAJOR, RESIDENT OF KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123, BANGALORE RURAL DISTRICT. 102. HANUMEGOWDA SON OF MUDDAIAH, MAJOR, RESIDENT OF KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123, BANGALORE RURAL DISTRICT. 103. SMT M S BHAGYA WIFE OF H.G.RAJU, MAJOR, RESIDENT OF KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123, BANGALORE RURAL DISTRICT. 104. H CHANDRASHEKAR SON OF HANUMEGOWDA,MAJOR, RESIDENT OF KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA-562123, BANGALORE RURAL DISTRICT. 105. SMT H MANGALAGOWRI WIFE OF RAMANNA, MAJOR,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
RESIDENT OF S.P.G.COLONY, TAVAREKERE, BANGALORE SOUTH TALUK, BANGALORE. 106. SMT T JAYANTHI WIFE OF S.SHIVAPRASAD, DAUGHTER OF G.THAMMAIAH, RETIRED COMMERCIAL OFFICER, MAJOR, RESIDENT OF ROAD BEHIND YESHWANTAPUR, RAILWAY STATION, YESHWANTHAPUR, BANGALORE. 107.
SMT LEELA HEBBAR WIFE OF 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. 108. MANJUNATH SON OF LATE C.S.HEBBAR, MAJOR, NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044. 109. RAJESH SON OF LATE C.S.HEBBAR, MAJOR, NO.121, I STAGE, 3RD MAIN, V PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044. 110. SMT PADMA DAUGHTER OF LATE C.S.HEBBAR, MAJOR, NO.98, 18TH STAGE,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044. 111. SMT THIMMARASAMMA WIFE OF LATE DASAPPA, MAJOR, RESIDENT OF KUMBARA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 112. SMT SIDDARAJAMMA WIFE OF NATARAJ, DAUGHTER OF LATE DASAPPA, MAJOR, RESIDENT OF KUMBARA BEEDI, NELMANGALA TOWN, BANGALORE RURAL DISTRICT. 113. A V SURESH BABU SON OF A. VEERARAGHAVALU, MAJOR, "LAKSHMI SRI", DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BANGALORE-560097
114. P.RANGAPPA, SON OF PUTTARANGAIAH, AGED ABOUT 84 YEARS, OCCUPATION:AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 115. N.R.RANGANATH, SON OF P.RANGAPPA, AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BANGALOR RURAL DISTRICT. 116. N.R.KRISHNADEVARAYA,
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SON OF P.RANGAPPA, AGED ABOUT 48 YEARS, OCCUPATION: AGRICULTURE, R/O ARADHYA LAYOUT, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 117. N.R.CHANDRASHEKAR, SON OF P.RANGAPPA, AGED ABOUT 44 YEARS, OCCUPATION AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 118. N.R.SRIRANGAPPA, SON OF P.RANGAPPA, AGED ABOUT 41 YEARS, OCCUPATION AGRICULTURE, R/O MUTTON MARKET ROAD NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 119. THE TOWN MUNICIPAL COUNCIL, NELAMANGALA, BANGALORE RURAL DISTRICT BY ITS CHIEF OFFICER. 120. PRASANNA ANJANEYA TRUST, RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT, BY ITS PRESIDENT. 121.
G.SHIVASHANKAR, PRESIDENT, PRASANNA ANJANEYA TRUST, HOUSE No.76, 4TH CROSS, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE-560 040. - 24 -
WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
122 PUTTARAMAIAH, MAJOR SECRETARY, PRASANNA ANJANEYA TRUST, RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT. 123. H.G.RAJU, SON OF HANUME GOWDA, MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA--562123 BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR SRI. MOHAMMED TAHIR A., ADVOCATE FOR R1, R2, R4, R5,R9, & R12; SMT. AMBIKA S & SRI. K.CHANDRAPPA, ADVOCATES FOR 26-29, 36 & 37; SRI. BALAKRISHNA SHASTRY, ADVOCATE FOR R13; R1, R2, R3, R4, R5, R7, R8, R9, R10, R11, R14, R16, R24, R30, R38 & R39 ARE SERVED AND UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.11883/2006(LA-RES) C/W WP.NOS.15877-79/2008(LA-RES), WP.NO.16801/2008(LA- RES), WP.NO.16802/2008(LA-RES) AND WP.NO.15880/2008 (LA-RES) DATED 10/10/2012 IN THE INTERESTS OF JUSTICE AND EQUITY. IN WA NO. 8447/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B H ROAD, NELAMANGALA,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
BANGALORE RURAL DISTRICT 562123 BY ITS PRESIDENT. 2. G SHIVASHANKAR MAJOR PRESIDENT, PRASANNA ANJANEYA TRUST HOUSE NO.76, 4TH CROSS ROAD, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE 560040. 3. H G RAJU SON OF HANUME GOWDA MAJOR, RESIDENT OF KOTE BEEDI, PARAPPASWAMY MATH, NELAMANGALA, BANGALORE RURAL DISTRICT 562123 ...APPELLANTS
(SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR A1 & A3)
AND:
1. HANUMANTHAPPA AGED ABOUT 52 YEARS SON OF MOGANNA OCCUPATION: AGRICULTURE & COOLIE
2. SIDDABYALAPPA AGED ABOUT 45 YEARS SON OF MOGANNA OCCUPATION: AGRICULTURE & COOLIE
R1 & 2 ARE REPRESENTED BY GPA HOLDER
3. VENKATESH AGED ABOUT 37 YEARS SON OF PUTTAPPA OCCUPATION: AGRICULTURE & WEAVING
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4.
SEENAPPA @ SRINIVAS AGED ABOUT 52 YEARS SON OF SIDDAGANGAIAH OCCUPATION: AGRICULTURE
5. SIDDABYLAPPA AGED ABOUT 66 YEARS SON OF SIDDAPPA OCCUPATION: COOLIE AND CARPENTARY
6. SMT ARASAMMA AGED ABOUT 86 YEARS WIFE OF BYLAPPA OCCUPATION: NIL
7. SMT GANGAMMA AGED ABOUT 42 YEARS DAUGHTER OF ARASAAMMA (WIFE OF BASAVARAJ) OCCUPATION: HOUSEWIFE
8. SMT SAKAMMA AGED ABOUT 56 YEARS WIFE OF BYLA MURTHY OCCUPATION: HOUSEWIFE
9. SMT SIDDAMMA AGED ABOUT 46 YEARS WIFE OF BYLA VENKATAPPA OCCUPATION: HOUSEWIFE
10. HANUMANTHAPPA AGED ABOUT 55 YEARS SON OF LATE BYLAPPA OCCUPATION: AGRICULTURE & COOLIE
11. BYALAVENKATAPPA AGED ABOUT 65 YEARS SON OF BYLAPPA OCCUPATION: AGRICULTURE & COOLIE
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
R10 AND 11 BY GPA HOLDER GANGAMMA WIFE OF BASAVARAJ - RESPONDENT OF NO.7
R1-11 ARE RESIDENTS OF KOTE BEEDI NELAMANGALA, BANGALORE RURAL DISTRICT 562123
12. STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BANGALORE 560001
13. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPT BANGALORE 560 001
14. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING VIKAS SOUDHA BANGALORE 560 001
15. THE TOWN MUNICIPAL COUNCIL NELAMANGALA, BANGALORE-562123 BY ITS CHIEF OFFICER. 16. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE 560009
17. A V SURESH BABU SINCE DEAD BY LRS
17(a) SMT DHANALAKSHMI MAJOR, W/O LATE A V SURESH BABU, R/A APOORVA APARTMENTS, D B SANDRA, BANGALORE - 560097. 17(b) KULDEEP AGED ABOUT 27 YEARS, S/O LATE A V SURESH BABU,
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R/A APOORVA APARTMENTS, D B SANDRA, BANGALORE - 560097. 18. SYED SAJID AGED ABOUT 35 YEARS SON OF LATE SYED SADIQ
19. SYED WAJID AGED ABOUT 30 YEARS SON OF LATE SYED SADIQ
20.
SYED MUJAHID AGED ABOUT 32 YEARS SON OF LATE SYED SADIQ
21. SYED ABID AGED ABOUT 34 YEARS SON OF LATE SYED SADIQ
R18 RO R21 ARE RESIDENT OF NO.416/29 18TH MAIN, 4TH T BLOCK JAYANAGAR, BANGALORE 560041
22. SRI A G RAJU AGED ABOUT 65 YEARS SON OF ANDANAPPA RESIDING AT KULAVANAHALLI THYAMAGONDLU HOBLI NELAMANGALA TALUK-562123
23. SRI H HANUMANTHAIAH AGED ABOUT 59 YEARS SON OF HANUMAIAH RESIDING AT KULAVANAHALLI THYAMAGONDLU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT 562123
24. SRI K MANI AGED ABOUT 61 YEARS SON OF LATE KRISHNAPPA RESIDING AT NO.9
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7A CROSS, D BLOCK (NEAR JANAKI SHIVAM COMPLEX) MAGADI ROAD, BANGALORE 560023
25. SRI GHOUSEPEER KHAN AGED ABOUT 64 YEARS SON OF PEER KHAN RESIDING AT KULAVANAHALLI THYAMAGONDLU HOBLI NELAMANGALA TALUK 562123
26. SMT ANUSYA D K AGED ABOUT 74 YEARS WIFE OF LATE S SATHYAMURTHY RESIDING AT NO.7 4TH CROSS, KUMARA PARK WEST EXTENSION BANGALORE 560020
27. S N RAJA RAO AGED ABOUT 73 YEARS SON OF S NARAYANA RAO RESIDING AT NO.9 IV BLOCK, 4TH CROSS KUMARA PARK WEST EXTENSION BANGALORE 560020
28. SMT SAROJA AGED ABOUT 69 YEARS WIFE OF S VASUDEVA RAO RESIDING AT NO.5 OLD NO.3, 9TH CROSS SWIMMING POOL EXTENSION MALLESHWARAM BANGALORE 560 001
29. SMT SHANTHA AGED ABOUT 66 YEARS W/O LATE M L NAGARAJ RESIDING AT NO.16 AKSHYA GRUHA LAKSHMI COLONY 1ST STAGE, WEST OF CHORD ROAD
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BASAVESHWARA NAGAR BANGALORE 560079
30. P N NUTHANA BABU AGED ABOUT 43 YEARS SON OF L G KRISHNAMURTHY RESIDING LGM ARCADE, 1ST FLOOR NO.22, LAKSHMAN MUDALIAR STREET BANGALORE 560 001
31. P V NAGESH BABU AGED ABOUT 49 YEARS SON OF P R VENKATACHALAPATHY SETTY RESIDING AT NO.84 2ND MAIN ROAD, GAYATHRI NAGAR BANGALORE 560021
32.
B R NAGARAJA SETTY AGED ABOUT 72 YEARS SON OF LATE B L R K SETTY RESIDING AT NO.483 1ST FLOOR, 3RD MAIN 50 FT ROAD, NAGENDRA BLOCK HANUMANTHANAGAR BANGALORE 560050
33. M NARENDRA BABU SON OF VISHWANATH RAO MAJOR NO.55, 18TH MAIN 1ST CROSS, CANARA BANK COLONY UTTARAHALLI ROAD BANGALORE 560061
34. P V SHASHI KUMAR AGED ABOUT 47 YEARS SON OF P R VENKATACHALAPATHY SETTY RESIDING AT NO.84 2ND MAIN ROAD, GAYATHRINAGAR BANGALORE 560021
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35. A REDDY VIKRAM AGED ABOUT 40 YEARS SON OF RAJAGOPAL RESIDING AT C/O K SIKJUMAR NO.18, CANARA BANK COLONY CHIKKALASANDRA VILLAGE SUBRAMANYAPURA ROAD BANGALORE 560061
36. K ANANTHA PADMANABHA AGED ABOUT 59 YEARS SON OF LATE H N KRISHNA MURTHY RESIDING AT NO.13/1, I E MAIN B K NAGAR, YESHWANTHPURA BANGALORE 560 022
37. SUBRAMANYA AGED ABOUT 62 YEARS SON OF LATE H S KRISHNAMURTHY RESIDING AT NO.471 2ND BLOCK, RAJAJINAGAR
38. HUTCHISON ESSAR SOUTH PRESTIGE BLUE CHIP GROUND FLOOR, BLOCK-1, NO.9 HOSUR ROAD BANGALORE 560029 BY ITS MANAGER
39. MHOMAD NOORULLA HUSSAIN ZAX AUTOMOBILE B H ROAD
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NELAMANGALA BANGALORE 562123 ...RESPONDENTS
(SRI. VENKATA SATYANARAYAN.A, ADVOCATE FOR IMPLEADING APPLICANT AS PROPOSED R40 & R41;
SRI. ABHINAY.P.PATIL, ADVOCATE FOR R1-R11;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R10 & R12;
SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R11;
R13, 14, 24, 24(a & b) ARE SERVED AND UNREPRESENTED;
R15-23 NOTICE HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.11883/2006 DATED 10/10/2012. IN WA NO. 8448/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT, BANGALORE.562123
2. G SHIVASHANKAR AGED ABOUT 69 YEARS PRESIDENT, PRASANNA ANJANEYA TRUST, HOUSE NO.76, 4TH CROS ROAD, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE-560040
3.
H G RAJU
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
SON OF HANUME GOWDA, AGED ABOUT 65 YEARS, RESIDENT OF KOTE BEEDI, PARAPPASWAMY MATH, NELAMAGALA, BANGALORE RURAL DISTRICT-562123. (SENIOR CITIZEN BENEFIT NOT CLAIMED BY APPELLANTS) ...APPELLANTS
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1 TO A3;)
AND:
1. SMT. KAMALAMMA DAUGHTER OF LATE LAXMINARASIMHAIAH, WIFE OF LATE THIMMAPPA, AGED ABOUT 73 YEARS, OCCUPATION: HOUSEHOLD, RESIDENT OF HOSAPALYA VILLAGE, KADABA POST, GUBBI TALUK, TUMKUR DISTRICT.572214
2. RAMAIAH SON OF LATE LAXMINARASIMHAIAH, AGED ABOUT 67 YEARS, OCCUPATION:AGRIUCLTURE AND BUSINESS, RESIDENT OF JAKKASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.562123
3. SMT SAROJAMMA DAUGHTER OF LATE LAXMINARASIMHAIAH, WIFE OF JAVAREGOWDA, AGED ABOUT 64 YEARS, OCCUPATION: HOUSEHOLD, RESIDINET OF "VINAYAKA NILAYA", JYOTHI NAGAR, VAJARAHALLI, NELAMANGALA,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
BANGALORE RURAL DISTRICT.562123
4. N L SURYANARAYANA SON OF LATE LAXMINARASIMHAIAH, AGED ABOUT 61 YEARS, OCCUPATION:SERVICE, RESIDENT OF NO.695, MUNICIPAL QUARTERS ROAD, SUBASH NAGAR, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT.562123
5. SMT CHANDRAMMA DAUGHTER OF LATE LAXMINARASIMHAIAH, WIFE OF CHIKKAVENKATARAMU, OCCUPATION:HOUSEHOLD, RESIDENT OF HOSAPALYA VILLAGE, KADABA POST, GUBBI TALUK, TUMKUR DISTRICT-572214
6. SMT PUTTANARASAMMA WIFE OF LATE KRISHNAIAH, AGED ABOUT 65 YEARS, OCCUPATION: HOUSEHOLD, RESIDENT OF 0.695, MUNICIPAL QUARTERS ROAD, SUBASH NAGAR, NELLAMANGALA TOWN, BANGALORE RURAL DISTRICT-572723
7. MADHUKAR SON OF LATE KRISHNAIAH, AGED ABOUT 39 YEARS, OCCUPATION:AGRICULTURE AND BUSINESS, RESIDENT NO.695, MUNICIPAL QUARTERS ROAD, SUBHASH NAGAR, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT-562123
8. KUMARASWAMY SON OF LATE KRISHNAIAH, AGED ABOUT 37 YEARS, OCCUPATION: AGRICULTURE AND BUSINESS,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
RESIDENT NO.695, MUNICIPAL QUARTERS ROAD, SUBHASH NAGAR, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT.562123
9. STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE-560001
10. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE-560001
11. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING, VIKASA SOUDHA, BANGALORE-560001
12. THE TOWN MUNICIPAL COUNCIL NELAMANGALA, BANGALORE-562123, BY ITS CHIEF OFFICER.
13. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE.560009
14. HANUMEGOWDA SON OF MADIAH, MAJOR, RESIDENT OF KOTE BEEDI, NELAMANGALA 562123, BANGALORE RURAL DISTRICT. 15. SMT M S BHAGYA WIFE OF H.G.RAJU, MAJOR,
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RESIDENT OF KOTE BEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA 562123, BANGALORE RURAL DISTRICT. 16. H CHANDRASHEKAR SON OF HANUMEGOWDA, MAJOR, RESIDENT OF KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA 562123, BANGALORE RURAL DISTRICT. 17. SMT H MANGALAGOWRI WIFE OF RAMANNA, MAJOR, RESIDENT OF S.P.G. COLONY, TAVAREKERE, BANGALORE.562130
18. SMT T JAYANTHI WIFE OF S SHIVAPRASAD, DAUGHTER OF G.THAMMAIAH, RETIRED COMMERCIAL OFFICER, MAJOR, RESIDENT OF ROAD BEHIND, YESHAWANTHAPUR, RAILWAY STATION, YESHWANTHAPUR, BANGALORE.560022
19. SMT LEELA HEBBAR WIFE OF LATE C.S.HEBBAR, (EX. SECRETARY, PRASANNA ANJANEYA TRUST TRUST) MAJOR, NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560O44
20. MANJUNATH SON OF LATE C.S.HEBBAR,
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
MAJOR, NO.98, 18TH STAGE, VI PHASE, V.MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044
21. RAJESH SON OF LATE C.S.HEBBAR, MAJOR, NO.121, 1ST STAGE, 3RD MAIN, V.PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044
22. SMT PADMA DAUGHTER OF LATE C.S.HEBBAR, MAJOR, NO.98, 18TH STAGE, 5TH MAIN, VI PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE-560044
23. SMT THIMMARASAMMA WIFE OF LATE DASAPPA, MAJOR, RESIDENT OF KUMBARA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT.562123
24. SMT SIDDARAJAMMA DAUGHTER OF LATE DASAPPA, MAJOR, RESIDENT OF KUMBARA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT.562123
25. SRI A V SURESH BABU SINCE DEAD, REP. BY LRs
25(a) SMT.DHANALAKSHMI. - 38 -
WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
W/O LATE A.V.SURESH BABU
25(b) KULDEEP, S/O LATE A.V.SURESH BABU
BOTH R/AT APOORVA APARTMENTS, D B SANDRA, BANGALORE-97. ...RESPONDENTS (BY SRI. ABHINAY P PATIL, ADVOCATE FOR R1-R7;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R8-R10 & R12; SRI.
R.V.RAMESH KUMAR, ADVOCATE FOR R11;
R13, R14, R24, R25(a & b) ARE SERVED & UNREPRESENTED;
NOTICE TO R15-R23 IS HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.16801/2008 DATED 10/10/2012. IN WA NO. 8449/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR B H ROAD, NELAMANGALA BANGALORE RURAL DISTRICT BY ITS PRESIDENT
2. G SHIVASHANKAR MAJOR, PRESIDENT PRASANNA ANJANEYA TRUST HOUSE NO.76, 4TH CROSS ROAD BASAVESHWARA LAYOUT VIJAYANAGAR, BANGALORE-560040
3. H C RAJU S/O HANUME GOWDA MAJOR R/O KOTE BEEDI PARAPPASWAMY MATH
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
NELAMANGALA BANGALORE RURAL DISTRICT ...APPELLANTS
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1 & A3)
AND:
1. SMT. JAYAMMA W/O N NARASINGAPPA AGED ABOUT 85 YEARS OCCUPATION:HOUSEHOLD R/O JAKKASANDRA VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT
2. N BHOGANNA S/O N NARASINGAPPA AGED ABOUT 60 YEARS OCCUPATION: AGRICULTURE AN BUSINESS R/O JAKKASANDRA VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT
3. SMT VIJAYALAKSHMI D/O N NARASINGAPPA W/O LATE GOVINDAIAH AGED ABOUT 56 YEARS OCCUPATION:HOUSEHOLD R/O CHANNENAHALLI BELLAVI POST TALUK AND DISTRICT TUMKUR
4. SMT INDIRALAKSHMI D/O N NARASINGAPPA W/O LATE LAKKANNA AGED ABOUT 53 YEARS OCCUPATION:HOUSEHOLD R/O ARASINGARA BEEDI CHIKKAPETE, TUMKUR
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5. N YOGANANDA S/O N NARASINGAPPA AGED ABOUT 48 YEARS OCCUPATION:AGRICULTURE AND BUSINESS R/O JAKKASANDRA VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT
6. SMT LAKSHMIDEVI D/O N NARASINGAPPA W/O RANGASWAMY AGED ABOUT 46 YEARS OCCUPATION:HOUSEHOLD R/O DASARAMUDDAIANAPALYA OORUKERE POST TALUK AND DISTRICT TUMKUR
7. N HARIPRAKASH S/O N NARASINGAPPA AGED ABOUT 44 YEARS OCCUPATION: AGRICULTURE AND BUSINESS KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT
8. STATE OF KARNATAKA BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BANGALORE-560001
9.
STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPT, VIKASA SOUDHA, BANGALORE-560001
10. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF HOUSING VIKAS SOUDHA
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WA No. 2616 of 2013 C/W WA No. 8447 of 2012 WA No. 8448 of 2012 AND 3 OTHERS
BANGALORE-560001
11. THE TOWN MUNICIPAL COUNCIL NELAMANGALA BANGALORE BY ITS CHIEF OFFICER
12. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE
13. HANUMEGOWDA S/O MUDDAIAH MAJOR R/O KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
14. SMT M S BHAGYA S/O H G RAJU MAJOR R/O KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA-562123 BANGALORE RURAL DISTRICT
15. H CHANDRASHEKAR S/O HANUMEGOWDA MAJOR R/O KOTE BEEDI NEAR PARAPPASWAMY MATH NELAMANGALA 562123 BANGALORE RURAL DISTRICT
16. SMT H MANGALAGOWRI W/O RAMANNA MAJOR R/O S P G COLONY TAVAREKERE BANGALORE SOUTH TALUK
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17. SMT T JAYANTHI W/O S SHVIAPRASAD D/O G THAMMAIAH RETIRED COMMERCIAL OFFICER MAJOR R/O ROAD BIND YESHWANTHAPUR RAILWAY STATION YESHWANTHAPUR, BANGALORE
18. 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
19. MANJUNATH S/O LATE C S HEBBAR MAJOR NO.98, 18TH STAGE, VI PHASE V MAIN, INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
20. RAJESH S/O LATE C S HEBBAR MAJOR NO.121, 1ST STAGE 3RD MAIN, V PHASE INDUSTRIAL TOWN WEST OF CHORD ROAD BANGALORE-560044
21. SMT PADMA D/O LATE S HEBBAR MAJOR NO.98, 18TH STAGE VI PHASE, V MAIN INDUSTRIAL TOWN WEST OF CHORD ROAD
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BANGALORE-560044
22. SMT THIMMARASAMMA W/O LATE DASAPPA MAJOR R/O KUMBARA BEEDI NELAMANGALA TOWN BANGLORE RURAL DISTRICT
23.
SMT SIDDARAJAMMA W/O NATARAJ D/O LATE DASAPPA MAJOR R/O KUMBARA BEEDI NELAMANGALA TOWN BANGALORE RURAL DISTRICT
24. A V SURESH BABU SINCE DEAD BY LRs
24(a) SMT DHANALAKSHMI MAJOR, W/O LATE A V SURESH BABU, R/A APOORVA APARTMENTS, D B SANDRA, BANGALORE - 560097. 24(b) KULDEEP AGED ABOUT 27 YEARS, S/O LATE A V SURESH BABU, R/A APOORVA APARTMENTS, D B SANDRA, BANGALORE - 560097. ...RESPONDENTS (BY SRI. ABHINAY P PATIL., ADVOCATE FOR R1 TO R7;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R8-R10 & R12;
SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R11;
R13, R14, R24, R25(a & b) ARE SERVED AND UNREPRESENTED;
NOTICE TO R15- R23 IS HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.16802/2008 DATED 10/10/2012. - 44 -
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IN WA NO. 8450/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B H ROAD, NELAMANGALA, BANGALORE RURAL DISTRICT, BY ITS PRESIDENT
2. G SHIVASHANKAR MAJOR, PRESIDENT, PRASANNA ANJANEYA TRUST, HOUSE NO. 76, 4TH CROSS ROAD, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE- 560 040
3. H G RAJU S/O HANUME GOWDA, MAJOR, R/O KOTE BEEDI, PARAPPASWAMY MATH, NELMANGALA, BANGALORE RURAL DISTRICT ...APPELLANTS (BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1, A2 & A3)
AND:
1. P RANGAPPA S/O PUTTARANGAIAH, AGED ABOUT 78 YEARS, OCCUPATION: AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 2. N R RANGANATH S/O RANGAPPA,
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AGED ABOUT 44 YEARS, OCCUPATION AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BAANGALORE RURAL DISTRICT
3. N R KRISHNADEVARAYA SINCE DEAD BY LRs
3(a) SMT. MANJULA, W/O LATE N.R.KRISHNADEVARAYA, AGED ABOUT 40 YEARS, R/AT HIPPE ANJANAYA SWAMY LAYOUT, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT-562 123. 3(b) BHAGYA LAKSHMI, D/O LATE N.R.KRISHNADEVARAYA, AGED ABOUT 40 YEARS, R/AT HIPPE ANJANAYA SWAMY LAYOUT, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT-562 123. 3(c) SRI.
RANGASWAMY, S/O LATE N.R.KRISHNADEVARAYA, AGED ABOUT 40 YEARS, R/AT HIPPE ANJANAYA SWAMY LAYOUT, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT-562 123. 4. N R CHANDRASHEKAR S/O P RANGAPPA, AGED ABOUT 38 YEARS, OCCUPATION AGRICULTURE, R/O DEVANGA BEEDI, NELAMANGALA TOWN, BAANGALORE RURAL DISTRICT
5. N R SRIRANGAPPA S/O P RANGAPPA, AGED ABOUT 35 YEARS, OCCUPATION AGRICULTURE,
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R/O MUTTON MARKET ROAD, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
6. STATE OF KARNATAKA BY CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE- 560 001
7. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE- 560 001
8. STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING, VIKAS SOUDHA, BANGALORE- 560 001
9. THE TOWN MUNICIPAL COUNCIL NELAMANGALA, BANGALORE BY ITS CHIEF OFFICER
10. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE
11. HANUMEGOWDA S/O MUDIAH, MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELAMANGALA- 562 123 BANGALORE RURAL DISTRICT
12. SMT M S BHAGYA W/O H G RAJU, MAJOR, R/O KOTE BEEDI, NEAR PARAAPPASWAMY MATH, NELAMANGALA- 562 123
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BANGALORE RURAL DISTRICT
13. H CHANDRSHEKAR S/O HANUMEGOWDA, MAJOR, R/O KOTE BEEDI, NEAR PARAPPASWAMY MATH, NELMANGALA- 562 123, BANGALORE RURAL DISTRICT
14. SMT H MANGALAGOWRI W/O RAMANNA, MAJOR, R/O S.P.G. COLONY, TAVAREKERE, BANGALORE
15. SMT T JAYANTHI W/O S SHIVAPRASAD, D/O G THAMMAIAH, RETIRED COMMERCIAL OFFICER MAJOR, R/O ROAD BEHIND YESHWANTHAPUR, RAILWAY STATION, YESHWANTHPUR BANGALORE
16. SMT LEELA HEBBAR W/O LATE C S HEBBAR, (EX.SECRETARY, PRASANNA ANJANEY TRUST) MAJOR,NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE- 560 044
17. MANJUNATH S/O LATE C S HEBBAR, MAJOR,NO.98, 18TH STAGE, VI PHASE, V MAIN, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE- 560 044
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18. RAJESH S/O LATE C S HEBBAR, MAJOR, NO.
121, 1ST STAGE, 3RD MAIN, V PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE- 560 044
19. SMT PADMA D/O LATE C S HEBBAR, MAJOR, NO. 121, 1ST STAGE, 3RD MAIN, V PHASE, INDUSTRIAL TOWN, WEST OF CHORD ROAD, BANGALORE- 560 044
20. SMT THIMMARASMMA W/O LATE DASAPPA, MAJOR, R/O KUMBARA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
21. SMT SIDDARAJAMMA W/O LATE DASAPPA, MAJOR, R/O KUMBARA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
22. SRI A V SURESH BABU SINCE DEAD BY LRs.,
22(a) SMT. DHANALAKSHMI, W/O LATE A.V.SURESH BABU, MAJOR,
22(b) BANGARU, S/O LATE A.V.SURESH BABU, AGE 38 YEARS,
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22(c) KULDEEP, S/O LATE A.V. SURESH BABU, AGE 36 YEARS,
R-22(a) TO (c) ARE R/AT "LAKSHMI SRI", DODDABOMMASANDRA VILLAGE, VIDYARANYAPURA POST, BENGALURU-560097. 23. SRI N M PRASHANTH KUMAR S/O K MUNIYAPPA, AGED ABOUT 38 YEARS, NO. 1625, B.H. ROAD, NELAMANGALA, BANGALORE DISTRICT ...RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R6-8 & R10;
SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE FOR R15;
SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR SRI. MOHAMMED TAHIR AND SRI.VARUN.J.PATIL, ADVOCATES FOR R2, R3 (a - C) R4 & R5;
R1, R9, R11, R12, R13, R14, R20, R21, R23, R22(a) & R22(b) ARE SERVED AND UNREPRESENTED;
NOTICE TO R5, R7 & R16-19 ARE HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.15877-79/2008 DATED 10/10/2012. IN WA NO. 8451/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST RAGHAVENDRA NAGAR, B.H.ROAD, NELAMANGALA 562123, BANGALORE RURAL DISTRICT, BY ITS PRESIDENT. 2. G.SHIVASHANKAR,
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PRESIDENT, PRASANNA ANJANEYA TRUST, HOURSE NO.76, 4TH CROSS, BASAVESHWARA LAYOUT, VIJAYANAGAR,A BANGALORE-560 040. 3. H.G.RAJU, SON OF HANUME GOWDA, MAJOR, RESIDENT OF KOTE BEEDI, PARAPPASWAMY MATH, NELAMANGALA, BANGALORE RURAL DISTRICT. ...APPELLANTS (BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1, A2, A3)
AND:
1.
P RANGAPPA SON OF PUTTARANGAIAH, AGED ABOUT 78 YEARS, OCCUPATION:AGRICULTURE, RESIDENT OF DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 2. N.R.RANGANATH SON OF RANGAPPA, AGED ABOUT 49 YEARS, OCCUPATION:AGRICULTURE, RESIDENT OF DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT
3. N.R.KRISHNADEVARAYA, SINCE DEAD BY LRs
3(a) SMT. MANJULA W/O LATE N.R. KRISHNADEVARAYA AGED ABOUT 40 YEARS
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R/AT HIPPE ANJANAYA SWAMY LAYOUT NELAMANGALA TOWN BENGALURU RURAL DISTRICT - 562 123
3(b) BHAGYA LAKSHMI D/O LATE N.R. KRISHNADEVARAYA AGED ABOUT 25 YEARS R/AT HIPPE ANJANAYA SWAMY LAYOUT NELAMANGALA TOWN BENGALURU RURAL DISTRICT - 562 123
3(c) SRI. RANGASWAMY S/O LATE N.R. KRISHNADEVARAYA AGED ABOUT 25 YEARS R/AT HIPPE ANJANAYA SWAMY LAYOUT NELAMANGALA TOWN BENGALURU RURAL DISTRICT - 562 123
4. N.R.CHANDRASHEKAR S/O OF P.RANGAPPA, AGED ABOUT 38 YEARS, OCCUPATION: AGRICULTURE, RESIDENT OF DEVANGA BEEDI, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 5. N.R.SRIRANGAPPA, S/O P.RANGAPPA, AGED ABOUT 40 YEARS, OCCUPATION:AGRICULTURE, RESIDENT OF MUTTON MARKET ROAD, NELAMANGALA TOWN, BANGALORE RURAL DISTRICT. 6. STATE OF KARNATAKA, BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BANGALORE-560 001
7. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPT.,
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BANGALORE-560 001
8. STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING, VIKAS SOUDHA, BANGALORE-560 001
9. THE TOWN MUNICIPAL COUNCIL, NELAMANGALA, BANGALORE RURAL DISTRICT BY ITS CHIEF OFFICER. 10. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE. ...RESPONDENTS (BY SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R9;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R6-R8 & R10;
SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR SRI. MOHAMMED TAHIR AND SRI.
VARUN J PATIL, ADVOCATES FOR R2, R3(a-c) R4 & R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.15880/2008 DATED 10/10/2012. THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 10.03.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE D K SINGH., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
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CAV JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra court appeal has been filed impugning the judgment and order dated 10.02.2012 passed by the writ Court in W.P.No.11883/2006 connected with W.P.Nos.15877- 79/2008, W.P. No.16801/20028, W.P.No.16802/2008 and W.P.No.15880/2008 filed by the respondents.
2. The parties are referred to as per their ranking before the writ Court for the sake of convenience.
3. The petitioners had filed aforesaid writ petitions impugning the land acquisition proceedings undertaken by the State under the provisions of the Karnataka Acquisition of Land for House Sites Act, 1972(hereinafter referred to as 'the Act of 1972' for the sake of brevity).
4. The learned Single Judge vide impugned judgment and order has allowed the writ petitions and the acquisition proceedings pursuant to the preliminary notification dated 12.02.1987 and the final notification dated 13.08.1987 have been quashed, and a direction has been issued to the respondents-State and Authorities to recover the possession of the land from Prasanna Anjaneya Trust and such other third
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parties and to redeliver the possession of the subject lands to the petitioners and other land owners. The land owners and the petitioners have been directed to refund the compensation amount, if any received by them to the State with interest at the rate of 12% per annum from the date of receipt till date of payment.
FACTS:
5. Briefly stated facts of the case are that Prasanna Anjaneya Trust is a registered public trust with object of:"Keeping in view of the objects of this Trust is in order to help the weaker section of the society. Particularly, housing problem, the provisions have been made in this Trust to purchase the lands from private parties or from the Government and to distribute the house sites in the interest of the Trust."
6. The State Government issued a Government Order on 29.09.1983 vide G.o.No.HUD.25 SWS 82, authorising the Deputy Commissioners, Special Deputy Commissioners to pay 80% of the amount likely to be awarded as compensation under Section 5 of the Act of 1972. The Town Municipal
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Council, Nelamangala passed a Resolution, resolving to acquire the lands, and thereafter to form the layout at the costs of the Trust and to obtain necessary sanction or permission from the Government. The said the Resolution was communicated to the Assistant Commissioner, Doddaballapura Sub-Division, Doddaballapura. The Town Municipal Council, Nelamangala, however stated that it had no funds to form layout and pay compensation to the land owners. The Deputy Commissioner issued an official memorandum dated 02.11.1984 accepting the Resolution dated 26.06.1984, subject to the following conditions:
"a. The Trust should enter into an agreement with the Town Municipal Council, and Assistant Commissioner, doddaballapura Sub- Division as per Rules, agreeing to keep 150 sites of suitable dimensions in favour of the Town Municipal Council for free of cost immediately unconditionally. b. Acquisition, development and other charges should be borne by the Trust only and the appropriate funds be kept at the disposal of the
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Assistant Commissioner, Doddaballapura Sub- Division and Town Municipal Council, Nelamangala respectively in advance. c. Sites should be formed and distributed strictly in accordance with the Government Order No. HUD 111 dated 26.11.1978. d. Corner sites should be put to public auction. e. Layout plan should be got approved by the Town Planning Authorities. f. Acquisition proceedings have to be done as per the provisions of the Act of 1972.
g. Other conditions to safeguard the instant interest of the Town Municipal Council have to be included in the agreement."
7. An agreement between the Trust and the Assistant Commissioner, Doddaballapura sub-division. Doddaballapura was entered into under which 150 sites were to be handed over to the Town Municipal Council, Nelamangala at free of cost. The
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said request was approved by the State Government with certain conditions on 09.10.1986 by issuing a Government
Order.
8. The Government permitted to acquire the revenue lands in Survey No.214 to 220 and 8/3 of Jakkasandra Village, Kasaba Hobli, Nelamangala Taluk measuring about 30 acres on behalf of Sri Prasanna Anjaneya Trust ® B.H. Road, Nelamangala on certain conditions:
"i. The expenses towards acquisition and development of the 30 acres land would be borne by the Trust and the Trust would deposit the entire cost of acquisition of land with the Land Acquisition Officer and expenses towards development and other charges were to be deposited with Nelamangala City Municipal Council in advance. ii. The Trust would be required to obtain sanction from the Town Planning Authority and to develop the layout in the guise of Nelamangala City Municipal Council as per the terms and conditions of
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the Government Order or the Nelamangala City Municipal Council should develop the same by itself. iii. After completion of formation of the layout, the Trust should enter into an agreement, agreeing to hand over 150 sites measuring 30 x 40 feet to east to the Nelamangala City Municipal Council, free of cost to distribute the same to SC/ST at free of cost. iv. If the said 150 sites would be formed in Survey No.8/3, if the area in Survey No.8/3 was not sufficient for forming 150 sites, it could utilise the adjacent area in Survey No.218/3 and then hand over to the City Municipal Council, after which Nelamangala City Municipal Council was to identify the poor people belonging to a SC/ST category, who were eligible for acquiring the sites and thereafter as per the terms and conditions contained in the
Order No.NE 111 MSM 78 dated 28.01.1978 shall send the same for recommendation. - 59 -
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v. The remaining sites were to be distributed amongst the members of Prasanna Anjaneya Trust ®, B.H. Road, Nelamangala."
9. Pursuant to the said decision dated 09.10.1986 the Government issued preliminary notification on 09.02.1987 under sub-section (1) of Section 3 of the Act, 1972 notifying the lands for public purpose for forming residential layout. It is stated that after issuance of the preliminary notification, the landowners had given written consent/affidavit/statement consenting for the acquisition of the lands as notified in the preliminary notification. The Special Power of Attorney were executed by the landowners in favour of the Secretary of the Trust and Form-'D' and agreement under Rule 10-B was executed by the petitioners/landowners in favour of the State Government, which are part of the record. 10. After the consent of the land owners, the preliminary notification was followed by the final notification dated 15.06.1987, gazetted on 13.08.1987. Thereafter, the Land Acquisition Officer issued notice dated 02.11.1987 under Sections 9 and 10 of the Land Acquisition Act to the land
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owners. In turn, the landowners had consented for passing of the award. By that time, the landowners had specifically made clear that prior to issuance of the notifications, they had already executed sale agreements and special power of attorneys in favour of the Secretary of the Prasanna Anjaneya Trust. Accordingly, the Special Land Acquisition Officer passed the award on 02.11.1987. After passing the award the entire physical possession of the lands were taken over from the landowners. 11. It may also be taken note of the fact that not only the landowners had consented for the award, but they had executed agreement on 2010.1987 in favour of the Special Land Acquisition Officer, Bengaluru sub-division, Bengaluru and indemnified that if for any reason, the Government was put to loss or damages, they would repay the amount received by them towards compensation. 12.
After the land acquisition proceedings were concluded, the Bengaluru Metropolitan Regional Development Authority (BMRDA) approved the layout plan dated 17.02.1988
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and it is stated that the trust had developed residential layout as per the approved layout. 13. On 28.09.1988, the Mandal Panchayat issued an endorsement to the Trust stating that 150 sites i.e., Site Nos.1 to 150 had been delivered to the Mandal Panchayat by the Trust. The remaining sites were to be retained by the Trust in
order to allot the sites to its members. Vide a resolution dated 10.01.1990, the Mandal Panchayat had specifically admitted about the handing over of these 150 sites by the Trust. After 19-21 years from the date of the final notification, the land owners had filed writ petitions in the year 2006 and 2008, questioning the correctness and legality of the acquisition proceedings.
14. Learned Single Judge, without considering the relevant facts, the gross delay and laches and the conduct of the landowners including giving their consent for acquisition, accepting the consented award, executing power of attorney in favour of the Secretary of the Trust, executing an indemnity bond and agreement under Rule 10-B etc., has passed the impugned judgment setting aside the acquisition.
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15. Learned Single Judge has held that the lands could be acquired under the provisions of the Act of 1972 for granting house sites to the weaker sections of the society by the State, as is explicitly spelt out in the preamble of the Act. There is no scope for the involvement of any private parties in the process of the acquisition proceedings or in the development of the house sites except the engagement of contractors or other professionals whose services may be utilized on payment of money for any services rendered in carrying out civil works involved in the process.
16. In the instant case, the State Government and Town Municipal Council had wilfully abdicated their authority and allowed the Trust to exercise the power available and the process of law to acquire lands under the Act, for its benefit, seemingly through the medium of the State. This is illegal and a fraud on the power of the State and therefore, the land acquisition proceedings cannot be sustained.
17. The learned Single Judge also held that the constructions put up by the parties in whose favour the sites were allotted by the Trust would be illegal and that the mere
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construction of the houses by the allottees of sites would not save the acquisition, which was patently illegal.
SUBMISSIONS:
18. Mr. Mohammad Jaffar Shah, learned Additional Government Advocate appearing for the State and Mr. G Balakrishna Shastry, learned counsel for the Trust have submitted that the writ petitions ought to have been dismissed on the ground of inordinate delay and laches, as they were filed almost after two decades from the date of the final notification. The learned Single Judge has glossed over the important facts that the land owners had in fact consented for the award and received the compensation amount, and therefore, they were estopped from challenging the land acquisition proceedings. The Chief Officer of Town Municipal Council had filed an affidavit specifically admitting that 150 property sites had been delivered by the Trust in favour of The Mandal Panchayath.
19. The Finding recorded by the learned Single Judge in paragraphs 5 and 6 in the impugned judgment is contrary to the affidavit of the Chief Officer of Town Municipal Council namely Sri Manjunath. The learned Single Judge has relied
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upon the affidavit filed by one Sri K. U. Muthappa, the then Chief Officer of Town Municipal Council, Nelamangala. The said affidavit filed by K.U.Muthappa was contrary to the records which was pointed out to the learned Single Judge, but learned Single Judge has ignored the record and relied upon the affidavit of Sri K.U.Muthappa. The learned Single Judge has further ignored the resolution passed by the Mandal Panchayath, Nelamangala to distribute the 150 sites handed over by the Prasanna Anjaney Trust along with the beneficiaries list.
20. It is further submitted that the Trust had filed a suit before the Civil Court in O.S.No.81/1993 before the Court of First Additional Civil Judge (Senior Division), Bengaluru Rural District, Bengaluru for declaration and injunction. The suit was
decreed on 06.02.2006 and declared that the decree obtained by Sri N.P.Nagaraj, Smt. Parvathamma and Sri N.B.Chandasekhar in O.S.No.174/1989 is illegal and not binding upon the Trust. Sri N.P.Nagaraj and others (petitioners) were restrained from interfering with the peaceful possession and enjoument of the schedule property. Suppressing all these
facts and the proceedings in the civil suits, the petitioners had
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filed the writ petition questioning the land acquisition proceedings. On the other hand the respondents have supported the impugned judgment.
ANALYSIS AND CONCLUSION:
21. It is relevant to keep in mind that prior to the issuance of the Government Order dated 09.10.1986, the land owners had executed agreements of sale and received entire sale consideration and possession was delivered. The special power of attorney and consent statements were executed before issuing of the final notification on 13.08.1987 and the land owners had also given consent to the award and executed an agreement under Rule 10-B of the Act of 1972. The landowners, therefore were estopped from challenging the acquisition proceedings as they were not entitled to approbate and reprobate. 22. The land owners did not file any objections to the preliminary notification under Section 3(1) of the Act. After issuing of final notification, and in fact while passing of the award, the landowners gave their consent for passing of the award and did not oppose it. As they did not have any
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objections to the land acquisition proceedings, and as they had accepted the award, they had no locus standi to challenge the land acquisition proceedings, that too after almost two decades from the date of issuance of final notification. 23. The landowners had specifically made it clear that prior to issuance of the notifications, they had already executed sale agreements and special power of attorneys in favour of the members/ Secretary of the Trust, and accordingly, the Special Land Acquisition Officer passed the award on 02.11.1987. After passing of the award the entire physical possession of the land was taken by drawing mahazar and possession was delivered in favour of the Trust. The entire amount was paid by the Trust only. The nature of the land got changed from agricultural use to non agricultural purposes. The lands have been developed by putting up construction of residential houses and respective owners of the said houses are residing along with their family members. The entire layout has been provided with all civil amenities like electricity, road and water and high school and college has been opened and running. - 67 -
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24. The allottees/purchasers were not made parties to the writ petitions filed by the land owners.
The Trust had allotted and sold the lands by executing registered sale deeds between 1992 to 2006 and the names of purchasers have been disclosed, which were produced by the Trust along with the statement of objections. In absence of allottees of the sites, the writ petitions were not maintainable. 25. Considering the aforesaid discussion, we are of the view that the learned Single Judge has grossly erred in allowing the writ petitions. We, therefore, set aside the impugned
judgment and order and allow these appeals. However, without costs.
Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
RKA