- 1 - NC: 2025:KHC:7553 WP No. 1786 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1786 OF 2017 (LB-RES) BETWEEN: 1. G V BALARAJU S/O G B VYRAMUDI, AGED ABOUT 50 YEARS, 2. V DEVARAJU S/O G B VYRAMUDI, AGED ABOUT 40 YEARS, BOTH ARE R/AT ANAND RICE MILL ROAD, GANJAM, SRIRANGAPATNA 571438 …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BANGALORE 560001 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION V V TOWERS, DR. AMBEDKAR VEEDHI, BANGALORE 560001 3. THE DEPUTY COMMISSIONER MANDYA DISTSRICT, MANDYA 571401. 4. THE CHIEF OFFICER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7553 WP No. 1786 of 2017 SRIRANGAPATNA TOWN MUNICIPAL COUNCIL, SRIRANGAPATNA 571438 …RESPONDENTS (BY SRI. V.G.BHANU PRAKASH., ADDL. ADVOCATE GENERAL ALONG WITH SRI. BOPANNA BELLIAPPA., AGA FOR R-1 TO R-3; SRI. H.C.SHIVARAMU., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS ON THE FILE OF R-3 AND CALL FOR RECORDS ON THE FILE OF R-4 AND QUASH THE ORDER 04.01.2014 ON THE FILE OF R-3 VIDE ANNEXURE-F TO W.P., ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. On 05.11.2016, the Government had instructed the director of Municipal Administration to treat the case of the petitioners as a special case and collect the present market value and grant them the land and, as a consequence, regularize their unauthorized occupation. 2. Instead of complying with this order, the Deputy Commissioner has proceeded to issue an endorsement dated 04.01.2017, in which it is stated - 3 - NC: 2025:KHC:7553 WP No. 1786 of 2017 that the petitioners had encouraged upon the property and they were required to be evicted from the same. As a consequence of this, the petitioners are before this Court challenging the said endorsement. 3. This Court while entertaining the writ petition had imposed a condition that the petitioners are required to deposit a sum of Rs.5,00,000/- to the Town Municipal Council, Srirangapatna and accordingly, the petitioners have in fact remitted the said sum of Rs.5,00,000/- to the Town Municipal Council. 4. On the last occasion, taking note of these facts, this Court directed the Municipal Administration to ascertain the market value as on the date of the order of the Government i.e., 05.11.2016 and make a statement so as to facilitate the payment of the said amount. - 4 - NC: 2025:KHC:7553 WP No. 1786 of 2017 5. Learned AAG, who appears on behalf of the Director submits that, in order to bring a quietus to the controversy, it would be appropriate to direct the petitioners to pay the present market value so that the orders of the Government can be given effect to. He points out that the petitioners have enjoyed possession of the land and, therefore, no prejudice would be caused to them. 6. He also submits that, if the present market value is considered, the petitioners would have to pay a sum of Rs.1,62,000/- and Rs.2,70,000/-, thus totally amounting to Rs.4,32,000/-. 7. Learned counsel appearing for the petitioners submit that, as a matter of fact, the petitioners have already deposited a sum of Rs.5,00,000/- and, even if the request of the learned AAG is accepted, the petitioners would still be entitled for a refund. - 5 - NC: 2025:KHC:7553 WP No. 1786 of 2017 8. The learned counsel for the petitioners submit that, in order to end the controversy, the petitioners are prepared to accept the offer of the learned AAG and are willing to pay the present market value i.e., a sum of Rs.4,32,000/- in all. 9. In the light of this consensus, the Town Municipal Council is directed to convey the property to the petitioners within a period of two months from the date of receipt of the copy of this order and, it shall also refund the balance of Rs.68,000/- to the petitioners within the said period. 10. This writ petition is accordingly disposed of. 11. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 13