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2025 DAILYLAW 20192 (KAR)

MUJAHID ALI v. STATE GOVERNMENT OF KARNATAKA

WP/54096/2016 · 2025-02-14

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:6709 WP No. 54096 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 54096 OF 2016 (GM-RES) BETWEEN: 1. MUJAHID ALI S/O MOHAMMED ISAQ, AGED ABOUT 51 YEARS, #411, 1ST FLOOR, LINDON STREET CROSS, Y.G.PALYAM, AUSTIN TOWN, BANGALORE-550 047. 2. REHAMATH ULLA S/O KASIMSABHI, AGED ABOUT 47 YEARS, #35, BEHIND AYAPPA TEMPLE, BEHIND AYAPPA TEMPLE, K.R.PURAM, BANGALORE-560 038. 3. B.K.SHIVA NAGENDRA, S/O KRISHNAMURTHY, AGED ABOUT 41 YEARS, NO.4, PATTALAMMA TEMPLE ROAD, NEAR SOUTH END CIRCLE, BASAVANAGUDI, BANGALORE-560 004. 4. GOPALAPPA.S S/O G.SUBBAIAH, AGED ABOUT 56 YEARS, 13 WARD, KUMBARA PETE, VIJAYPURA, BANGALORE RURAL-562 135. 5. A.MALAYAPPA S/O MUNISWAMY, AGED ABOUT 50 YEARS, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6709 WP No. 54096 of 2016 #144, 6TH MAIN ROAD, BEHIND VENKATESHWARA TEMPLE, ULSOOR, H.A.L.IIND STAGE, BANGALORE-560 008. 6. V.S.GANGADHARAIAH S/O SIDDABASAPPA, AGED ABOUT 57 YEARS, #238 SARJAPURA MAIN ROAD, KAMULARAM POST, BANGALORE-560 035. 7. GANGUBAI D/O BASAPPA, AGED ABOUT 50 YEARS, #249, 2ND CROSS, ANANDAPURA, T.C.PALYA, BEHIND KRISHAN FISH STALL, KRISHNARAJAPURAM. P.O. BANGALORE-560 036. 8. LAKSHMINARAYAN S/O VENKATESHAMURTHY.G., AGED ABOUT 50 YEARS, #59, 2ND MAIN ROAD, GANGADHAR NAGAR, BANGALORE SOUTH, J.P.NAGAR, BANGALORE-560 078. 9. MANJUNATHA SHETTY S/O GANESH SHETTY, AGED ABOUT 40 YEARS, 163/3, 5TH MAIN ROAD, BOMMANAHALLI BALAJI LAYOUT, HOGSANDRA, BANGALORE-560 068. 10. PRAHALLADA.V S/O GANESH SHETTY, AGED ABOUT 32 YEARS, NO.35, 9TH MAIN ROAD, BOMMANAHALLI, HOSUR ROAD, BANGALORE-560 068. - 3 - NC: 2025:KHC:6709 WP No. 54096 of 2016 11. NAGARAJA S/O SIDDALINGAPPA, AGED ABOUT 46 YEARS, 47, KEMPUDOMMASANDRA KASABA CIRCLE, ANEKAL, BANGALORE URBAN-562 106. 12. SATHISH KUMAR S/O SRIRAMALU, AGED ABOUT 45 YEARS, #44, SRI LAKSHMI NIVAS, ARALI, MADARA ROAD, SUBBANA PALYA, MARUTHI, SEVANAGAR, BANGALORE-560 033. 13. BHAGYAMMA W/O RAMESH AGED ABOUT 45 YEARS, #04 CHOLANAYAKANAHALLI, R.T.NAGAR, BANGALORE-560 032. 14. JAYAMMA W/O NINGAPPA, AGED ABOUT 48 YEARS, #37, DABBEGHATTA, CHILKANAKANAHALLI, TUMKUR-572 214. 15. P.V.RANGASWAMY S/O VENKATASWAMY, AGED ABOUT 65 YEARS, THOTADANABE ROAD, VRUSHABHAAVATHI NAGAR, BASAVESHWARANAGAR, BANGALORE-560 079. 16. MALLIKARJUN S/O KENCHADAYAMAPPA, AGED ABOUT 43 YEARS, #409 NEAR ANJUNEYASWAMY TEMPLE, BANGALORE-560 068. - 4 - NC: 2025:KHC:6709 WP No. 54096 of 2016 17. SHIVAMMA D/O THIMMASHETTY, AGED ABOUT 45 YEARS, #209/1820, BANDEMATA KOMMAGHATTA ROAD, BANDEMATA KENGARI, UPANAGAR, BANGALORE-560 060. 18. RAJASHEKAR S/O LATE NARSEGOWDA, #42/10, AGED ABOUT 42 YEARS, NAGADEVANAHALLI RIGHT SIDE, OPPOSITE TO K.H.B.GOVERNMENT HOSPITAL FOR DISABLED, JANANA BHARTHI POST, BANGALORE-560 022. 19. SOMASHANKAR.S S/O SIDDARAMA, AGED ABOUT 44 YEARS, #170, 12TH CROSS ROAD, 2ND MAIN, WHITEFIELD ROAD, NEAR KRISHNA TEMPLE, KAVERINAGAR, MAHADEVAPURA, BANGALORE-560 048. 20. GAYATHRI.D.M. W/O K.V.BALACHANDRA, AGED ABOUT 38 YEARS, 63/1, SRIDHAR BUILDING, 8TH CROSS, BANDEPPA ROAD, YASHWANTHPURA, BANGALORE-560 022. 21. RATHNA D/O LATE RAMU, AGED ABOUT 52 YEARS, #8/3, 3RD CROSS, 3RD MAIN KALYAN NAGAR, NAGARBHAVI, BANGALORE-560 022. …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) - 5 - NC: 2025:KHC:6709 WP No. 54096 of 2016 AND: 1. STATE GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR AMBEDKAR ROAD, SAMPANGI RAMNAGAR, BENGALURU. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. RAJIV GANDHI RURAL HOUSING DEVELOPMENT CORPORATION, PLOT NO.1-4, RAJAJINAGAR IT PARK, NORTH BLOCK, 1ST FLOOR, RAJAJINAGAR INDUSTRIAL ESTATE, PLOT NO.1-4, CHORD ROAD, RAJAJI NAGAR INDUSTRIAL TOWN, RAJAJI NAGAR, BENGALURU-560 044. REPRESENTED BY ITS MANAGING DIRECTOR. 3. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, 10, 12TH B MAIN ROAD, RAJAJI NAGAR INDUSTRIAL TOWN, BENGALURU-560 023. 4. SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE-560 046. 5. TALUK PANCHAYAT, BANGALORE NORTH TALUK, NEW OFFICE ROAD, EAST COLONY, YELAHANKA, BANGALORE-560 064, REPRESENTED BY ITS EXECUTIVE OFFICER. 6. BANGALORE URBAN ZILLA PANCHAYAT, K.G.ROAD, 1ST MAIN ROAD, GANDHI NAGAR, BANGALORE-560 009. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 7. SUMANAHALLI SOCIETY VISWANEEDAM POST, - 6 - NC: 2025:KHC:6709 WP No. 54096 of 2016 MAGADI ROAD, BANGALORE-560 001. REPRESENTED BY ITS DIRECTOR. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1, 3 & 4, SMT. AKHILA.L.C., ADVOCATE FOR SMT. SUMANA BALIGA., ADVOCATE FOR R2; SRI.M.S.DEVARAJ., ADVOCATE FOR R5; SRI. B.J.SOMAYAJI., ADVOCATE FOR R6; SRI. V.R.SARATHY., ADVOCATE R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivaprasad Shantanagoudar., counsel for the petitioners, Sri.Manjunatha Rayappa., AGA for respondents 1, 3 & 4, Smt.Sumana Baliga., counsel for respondent No.2 and Sri.B.J.Somayaji., counsel for respondent No.6 have appeared in person. 2. Petitioners 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, petitioner No.13 represented by her husband, 14, 15, 16 and 17 are physically present before this Court. They are duly identified by their counsel and also by the Official Concerned of the Legal Services Authority. - 7 - NC: 2025:KHC:6709 WP No. 54096 of 2016 3. Pursuant to the orders dated:14.11.2024 and 16.01.2025, the Office of the Karnataka Legal Services Authority, Bengaluru have found the whereabouts of the petitioners and submitted a report. The report is placed on record. 4. Petitioners 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, petitioner No.13 represented by her husband, 14, 15, 16 and 17 submits that the Writ Petition may be dismissed as withdrawn. When queried, they submitted that they have taken a conscious decision about the withdrawal of the case. The oral submission made by Petitioners 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, petitioner No.13 represented by her husband, 14, 15, 16 and 17 is placed on record. The Writ Petition is dismissed as withdrawn, as far as Petitioners 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16 and 17 are concerned. As far as petitioners 18 and 19 are concerned counsel for the petitioners submits that petitioners 18 and 19 have died long back. Counsel therefore, submits that an appropriate order may be passed. - 8 - NC: 2025:KHC:6709 WP No. 54096 of 2016 The oral submission about the death of petitioners 18 and 19 is placed on record. The application to bring the legal representatives of deceased petitioners 18 and 19 are not filed in time. By operation of law, the Writ Petition stands abated as far as petitioners 18 and 19 are concerned. A perusal of the report of the Legal Services Authority depicts that despite their best efforts, they could not trace out the whereabouts of petitioners 12, 20 and 21. The whereabouts of petitioners 12, 20 and 21 are not known as of today. Hence, the Writ Petition as far as petitioners 12, 20 and 21 stands abates. If at all petitioners 12, 20 and 21 have any grievance about the order, they are at a liberty to seek revival of the order. This Court appreciates the efforts made by the Karnataka Legal Services Authority, Bengaluru. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 6