- 1 - HC-KAR NC: 2025:KHC:22215-DB WA No. 1210 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 1210 OF 2024 (BDA) BETWEEN: 1. SRI K N SHIVASHANKAR, SINCE DEAD BY HIS LRS. SMT. V S RAJESHWARI, W/O LATE K N SHIVASHANKAR, AGED ABOUT 77 YEARS. 2. SMT. NAGALATHA, W/O V K SRIRAMA, D/O LATE K N SHIVASHANKAR, AGED ABOUT 40 YEARS. 3. SRI KARTHIK KUMAR GURU K S, S/O LATE K N SHIVASHANKAR, AGED ABOUT 36 YEARS. ALL ARE R/AT NO. 11, 7TH CROSS, PRASHANTH NAGAR, AISHWARYA BAKERY, BASAVESHWARANAGAR, BENGALURU-560 079. 4. SRI A G MANJUNATH, S/O LATE A S GANAPATH, AGED ABOUT 49 YEARS, R/AT C/O NO. 4, 4TH CROSS, PAPAREDDY PALYA, ARUNACHALAM LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE-560 072. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22215-DB WA No. 1210 of 2024 AND ALSO WORKING AT C/O DELTA CONTROL SYSTEMS, NO. 63/3, INDUSTRIAL ESTATE, 5TH CROSS, 1ST MAIN, ASHWATHNAGARA, SUNKADAKATTE, BANGALORE-560 091. 5. SRI K G VIJAYA KUMAR, SINCE DEAD BY HIS LRS. SMT. BHARATHI K V, W/O LATE K G VIJAYAKUMAR, AGED ABOUT 53 YEARS. 6. SMT. SUCHITHA K V, D/O LATE K G VIJAYA KUMAR, AGED ABOUT 29 YEARS. 7. KUM. K V VAIBHAVI, D/O LATE K G VIJAYAKUMAR, AGED ABOUT 24 YEARS. ALL ARE R/AT NO. 22. 1ST MAIN ROAD, VIVEKANANDANAGAR, BSK III STAGE, BENGALURU-560 085. 8. SMT. SUNITHA SHILLY, W/O SHILLY JOSEPH, AGED ABOUT 49 YEARS, R/AT NO. 33, 5TH MAIN, 6TH PHASE, WEST OF CHORD ROAD, 1ST STAGE, RAJAJINAGAR, BANGALORE-560 010. 9. SRI NAGASHAYANA, S/O K VENKATASWAMY, AGED ABOUT 58 YEARS, R/AT NO. 1063, GENERAL HOSPITAL ROAD, VIDYARANYAPURA, 1ST MAIN, MYSORE-560 008. REP. BY HIS GPA HOLDER, SRI C V CHANDRA MOULI, - 3 - HC-KAR NC: 2025:KHC:22215-DB WA No. 1210 of 2024 S/O K VENKATASWAMY, AGED ABOUT 58 YEARS, R/AT NO. 845, 23RD MAIN, 2ND PHASE, J P NAGAR, BANGALORE-560 078. 10. SMT. C L ANUSUYA, W/O V RAJASHANKAR, AGED ABOUT 57 YEARS, R/AT NO. 456, 13TH CROSS, 5TH MAIN, "D" GROUP LAYOUT, SRIGANDADAKAVAL, BANGALORE-560 091. 11. SRI G H HANUMANTHAIAH, S/O HANUMANTHAIAH, AGED ABOUT 62 YEARS, R/AT NO. 1001, 2ND "C" CROSS, 3RD BLOCK, 3RD STAGE, BASAVESHWARA NAGAR, BANGALORE-560 079. 12. SRI H S SIDDAGANGAPPA, S/O LATE H C SHIVAPPA, AGED ABOUT 71 YEARS, R/AT NO. 53/1, SHIVA KRUPA, 1ST MAIN ROAD, KAVERY LAYOUT, NAGARABHAVI ROAD, BANGALORE-560 040. PRESENTLY R/AT MANGALA NILAYA, F-565, 12TH CROSS, 2ND "D" MAIN, BEL LAYOUT, BHARATH NAGAR, BANGALORE-560 091. 13. SMT. G S LAKSHMI, W/O JALANARASIMHA, AGED ABOUT 51 YEARS, R/AT NO. 69, 5TH CROSS, BASAVESHWARA LAYOUT, VIJAYANAGAR, BANGALORE-560 040. 14. SRI H K KRISHNA, S/O KRISHNEGOWDA, - 4 - HC-KAR NC: 2025:KHC:22215-DB WA No. 1210 of 2024 AGED ABOUT 69 YEARS, R/AT NO. B-162, 1ST FLOOR, 5TH MAIN, KEB LAYOUT, BTM LAYOUT, (KUVEMPU NAGAR), BANGALORE-560 029. 15. SMT K M RUKHMINI, W/O DR K L PRAKASH, AGED ABOUT 55 YEARS, R/AT NO. 3, ESI HOSPITAL QUARTERS, HUVALLI ROAD, NIDUVALLI, DAVANAGERE-577 001. 16. SMT. PONNAMMA, W/O P RAVI, AGED ABOUT 55 YEARS, R/AT C/O GAYATHRI, NO. 52, 10TH CROSS, A CROSS, PRASHANTHNAGAR, BANGALORE-560 083. …APPELLANTS (BY SRI LEELADHAR H P, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M.S BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU-560 001. 2. KARNATAKA STATE D-GROUP EMPLOYEES CENTRAL ASSOCIATION, REP. BY ITS PRESIDENT, M S BUILDING, 4TH STAGE, DR AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, T CHOUDAIAH ROAD, - 5 - HC-KAR NC: 2025:KHC:22215-DB WA No. 1210 of 2024 KUMARA KRUPA WEST, BENGALURU-560 020. 4. SRI G DAYASHANKAR, S/O LATE G.C OBAIAH, AGED ABOUT 60 YEARS, R/AT C/O SMT. K ROHINI, NO.34, 14TH CROSS, 5TH MAIN, SRINIDHI LAYOUT, CHUNCHAGHATTA, BANGALORE-560 062. 5. SMT. V SHASHIKALA, W/O K VARADARAJU, AGED ABOUT 58 YEARS, R/AT NO. 351, 8TH CROSS, BCC LAYOUT, BANGALORE-560 040. 6. SRI G.S SANTHOSH KUMAR, S/O G.K GANGAIAH, AGED ABOUT 39 YEARS, R/AT NO. 58, 2ND CROSS, 12TH MAIN, BSK, 2ND STAGE, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE-560 050. (VIDE ORDER DATED 19.02.2025, R-4 TO 6 ARE DELETED) …RESPONDENTS (BY SRI K.S HARISH, GOVT. ADVOCATE FOR R-1; MRS. POONAM PATIL, ADVOCATE FOR R-3; R-2 IS SERVED AND UNREPRESENTED; VIDE ORDER DATED 19.02.2025, R-4 TO 6 ARE DELETED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR ENTIRE RECORDS IN WP No-16320/2017 ON THE FILE OF THIS HON'BLE COURT a) SET ASIDE THE ORDER DATED 09.10.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-16320/2017 FURTHER BE PLEASED TO ALLOW THE SAID WP AND GRANT SUCH OTHER RELIEFS AS ARE JUST. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:22215-DB WA No. 1210 of 2024 CORAM: HON'BLE MR V KAMESWAR RAO ,ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO ,ACTING CHIEF JUSTICE) After some submissions, learned counsel for the appellants seeks to withdraw the appeal as the appellants intend to approach the concerned Consumer Forum seeking execution of the order passed by the District Consumer Disputes Redressal Forum at Bengaluru (Urban). 2. In view of the above submission, the appeal is dismissed as withdrawn. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 65