IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.21715-21717 OF 2019 (LA-KHB) BETWEEN 1. SMT B S LAKSHMI W/O LATE Y G RAVINDRA AGED ABOUT 49 YEARS R/A NO.1289 IST MAIN, GANDHINAGAR YELAHANKA TOWN BANGALORE-560064 2. Y V CHARAN S/O LATE Y G VENKATARAJU AGED ABOUT 27 YEARS 3. S BHARATHI W/O LATE Y G VENKATARAJU AGED ABOUT 27 YEARS PETITIONER NOS.2 & 3 ARE R/O SANTHE BEEDHI, JAJU BUILDING NEHRUNAGAR, YELAHANKA TOWN BANGALORE-560064. … PETITIONERS (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR GOWTHAMDEV C ULLAL, ADVOCATE) AND 1. SMT USHA W/O SANGAPPA AGE MAJOR R/A NO.1050 YELAHANAK NEW TOWN EWS IIND STAGE BANGALORE-560064 BANGALORE CITY 2. ARUNKUMAR AGE MAJOR R/A NO.14, 18TH CROSS SWAMI VIVEKANANDA LAYOUT AMRUTHAHALLI BANGALORE-560092 BENGALURU CITY 3. SMT B JYOTHI W/O S KRISHNAPPA AGE MAJOR R/A NO.547, IST MAIN, T DASARAHALLI BANGALORE-560057 BENGALURU CITY 4. SRI MAHESH KAMAL S/O LATE KAMALAKAR AGE MAJOR R/A 1956, JUDICIAL LAYOUT, 18TH MAIN BANGALORE-560065 BENGALURU CITY 5. SRI RAMAKRISHNAIAH S/O CHIKKANARATASIMHAIAH AGE MAJOR NAGASANDRA VILLAGE 4TH MAIN, MANJUNATHANAGAR LAYOUT BANGALORE-560073 BENGALURU CITY 6. SRI B N LAKSHMIKANTHAIAH S/O D H SANJEEVAIAH AGE MAJOR R/A 399/3, MUNISWAMAPPA BUILDING AMRUTHAHALLI BANGALORE-560092 BENGALURU CITY 7. SMT R MANJULA W/O SRINIVASAN AGE MAJOR R/A NO.18, SWAMI VIVEKANANDA LAYOUT AMRUTHAHALLI BANGALORE-560092 BENGALURU CITY 8. SRI PUNITH S/O NAMJUNDAIAH AGE MAJOR R/A NO.77, KHB QUARTERS KAVALABAIRASANDRA BANGALORE-560032 BENGALURU CITY 9. SMT CHAYA AGE MAJOR R/A NO.4/5, SURABHI LAYOUT SHIVANAHALLI, YELAHANKA BANGALORE-560064 BENGALURU CITY 10. SRI R ASHWATHNARAYANA S/O LATE B RAMASHASTHRI AGE MAJOR R/A NO.4/5, SURABHI LAYOUT SHIVANAHALLI, YELAHANKA BANGALORE-560064 BENGALURU CITY 11. SMT T V GAYATHRI W/O N VENKATAREDDY AGE MAJOR R/A 153, 3RD STAGE, BEML LAYOUT RAJARAJESHWARINAGAR BANGALORE-560098 BENGALURU CITY 12. SMT NAGARATHNA W/O ASHOK N DHUGE AGE MAJOR R/A NO.108, JAKKUR LAYOUT BANGALORE-560092 BENGALURU CITY 13. SMT MAYA W/O VENKATESH MURKOTI AGE MAJOR R/A NO.1290, IST MAIN, GANDHINAGAR, YELAHANKA TOWN BANGALOREE-560064 BENGALURU CITY 14. SRI N NETHAJI S/O N BASAPPA AGE MAJOR R/A NO.1290, BYATARAYANAPURA VILLAGE BANGALORE-560092 BENGALURU CITY 15. M KARIYAPPA S/O MUNIYAPPA AGE MAJOR R/A THARAPANAHALLI JALA HOBLI, BANGALORE NORTH BANGALORE-560064 BENGALURU CITY 16. SMT V SHANTHAMANIBAI W/O T V BALARAJ AGE MAJOR R/A CHAMUNDESHWARI NILAYA NO.56, YELAHANKA TOWN BANGALORE NORTH TALUK BANGALORE BENGALURU CITY-560064 17. S KUMARI CHANDANA D/O SEETHARAMAREDDY AGE MAJOR NO.23, APPAYANAN STREET DODDAMAVALLI BANGALORE-560004 BENGALURU CITY 18. SRI ASHOK BYAHATTI S/O HUCHAPPA BYAHATTI AGE MAJOR NO.146, JAKKUR LAYOUT BANGALORE-560064 BENGALURU CITY 19. SRI GYANCHAND JAIN S/O KAPOOR CHAND AGE MAJOR NO.377, 10TH B MAIN, 3RD BLOCK BANGALORE-560011 BENGALURU CITY 20. T ARUN MALECHA S/O TARA CHAND JAIN AGE MAJOR NO.129, 33RD CROSS 4TH BLOCK, JAYANAGAR BANGALORE-560011 BENGALURU CITY 21. SMT PADMAVATHI D/O SUNDARARAJU NAIDU AGE MAJOR NO.1219, YELAHANKA BANGALORE NORTH BANGALORE BENGALURU CITY 22. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING BANGALORE-560001 BENGALURU CITY 23. HOUSING COMMISSIONER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BANGALORE-560009 BENGALURU CITY 24. THE SPL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD CAUVERY BHAVAN BANGALORE-560009 BENGALURU CITY 25. SMT PADMA VENKATESH W/O VENKATESH RAJ NAIDU AGED ABOUT 59 YEARS R/A NO.320/2, RT SP NAGAR VIJAYANAGARA COLONY, HYDERABAD TELANGANA-500057. … RESPONDENTS (BY SRI D NANJUNDAREDDY, SENIOR COUNSEL FOR SRI ZULFIKIR KUMAR SHAFI FOR R1 TO R21;
SRI M V RAMESH JOIS, AGA FOR R22;
SRI H G VASANTHA KUMAR, ADVOCATE FOR R23 & R24; SRI D R RAVISHANKAR, ADVOCATE FOR R 25) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO REVIEW THE ORDER DATED 15.11.2018, PASSED IN W.P.NO.53490- 510/2016 (LA-KHB) BY THIS HON’BLE COURT AND RESTORE THE W.P.NO.53490-510/2016 VIDE ANNX-L AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners are seeking review of judgment dated 15.11.2018 entered by this court in W.P.Nos.53490- 510/2016 (LA-KHB) wherein the operative portion reads as under:
“In the above circumstances, these writ petitions succeed; the acquisition in question having lapsed, there is no need for quashing of the same; the petitioners are entitled to continue in the ownership and possession of the petition lands, as before.”
The grievance of the petitioners is against the last two & a half lines in the aforesaid operative portion which are highlighted.
2. Learned Senior Advocate Sri.Ashok Haranahalli appearing for the petitioners submits that the above highlighted lines were unwarranted when the other two & a half lines preceding the same had laid the lis to the rest; he argues that this court had no material on record to decide whether the petitioners therein were the owners in possession of the subject property; therefore, he seeks the deletion of the said lines contending that it is the present writ petitioners who are the owners in possession.
3. Learned Senior Advocate Sri.Nanjunda Reddy appearing for the contesting respondents herein per contra submits that the subject two & a half lines against which the writ petitioners are grieving were made part of the judgment based upon the material available on record; the petitioners have nothing to do with the subject property; if at all they have any grievance, they should pursue appropriate remedies and not seek deletion of those lines.
4. Having heard both learned Senior Advocates, this court is of a considered opinion that the following clarification would put the controversy to the quietus.
(a) the subject highlighted two & a half lines in the operative portion of the judgment in question being inter parte, they would not bind others like the petitioners who were not parties to those writ petitions in which the said judgment has been rendered; and (b) it is open to the petitioners to pursue their legal remedies before the appropriate Forum in accordance with law and that the said Forum shall not be in any way influenced by any observation made in the said judgment.
No other point having been urged, the Writ Petitions are disposed off.
Sd/- JUDGE cbc