Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.1386 OF 2018 (GM-RES-PIL) BETWEEN:
CAPT CHETHAN YK (RETD), S/O. Y.D. KESHAVANANDA, AGED: 41 YEARS, GALIBEEDU VILLAGE AND POST, MADIKERI TALUK, KODAGU DISTRICT-571 201. ... PETITIONER (BY SRI. VIKAS ROJIPURA, ADVOCATE) AND:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-110 001.
2. THE STATE OF KARNATAKA, REPRESENTED BY THE CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VIDHI, BANGALORE-560 001.
3. FEDERATION OF GOWDA SAMAJA, MADIKERI, KODAGU DISTRICT-571 201. REPRESENTED BY ITS PRESIDENT, SRI. SOORTHALE SOMANNA.
4. KODAGU HEGGADE SAMAJA, VIRAJPET, KODAGU DISTRICT-571 218. REPRESENTED BY ITS MEMBER, SRI. PANDHIKANDA M.PEMMAIAH.
5. KODAVA MUSLIM ASSOCIATION, (AN ASSOCIATION REGISTERED UNDER THE KARNATAKA REGISTRATION ACT) HAVING ITS REGISTERED OFFICE AT NO.90/4-1, AES BUILDING, BHAKTA MARKHANDEYA LAYOUT, BANGALORE-560 026.
REPRESENTED BY ITS PRESIDENT, SRI. METHALATHANDA Y. HAMZATHULLA.
6. KODAGU DISTRICT SMALL GROWERS ASSOCIATION, SIDAPUR, KODAGU DISTRICT-571 253. REPRESENTED BY ITS VICE PRESIDENT, SRI. C.A. SUBBAIAH.
7. SRI. C.B. GANAPATHY, S/O. LATE C.M. BOPAIAH, AGED ABOUT 44 YEARS, NO.202, REDIFICE, PETUNIA 160, LANGFORD ROAD CROSS, LANGFORD TOWN, BANGALORE-560 025.
8. KODAVA KOOTA, LLC, A NON PROFIT ORGANISATION 3207, MOCKING BIRD DALLAS TEXAS-75205, REPRESENTED BY ITS REPRESENTATIVE IN INDIA, SRI. C.B.GANAPATHY, AGED ABOUT 44 YEARS, NO.202, REDIFICE PETUNIA 160, LANGFORD ROAD CROSS, LANGFORD TOWN, BANGLORE-560 025.
9. AKHILA KODAVA SAMAJ, VIRAJPET, KODAGU-571 218.
REPRESENTED BY ITS PRESIDENT.
... RESPONDENTS (BY SRI. SHASHIKANTH, ASG FOR R1; SRI. P.B. ACHAPPA, AGA FOR R2:
SRI. M.C. RAVIKUMAR, ADVOCATE R3-R4; SRI. M.H. HIDAYATHULLA, ADVOCATE R5;
SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. I.P. RAWLEY MUDDAPPA. ADVOCATE FOR R6-R9; SMT. SAROJINI MUTHANNA, ADVOCATE AND SRI. M.T. NANAIAH, SENIOR COUNSEL FOR SMT. RACHITA NANAIAH FOR IMPLEADING I.As. VIDE COURT ORDER DATED 11.06.2018) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DELCARE THAT THE EXEMTION GRANTED TO THE CLASSES IDENTIFIED AS “EVERY PERSON OF COORG RACE AND EVERY JUMMA TENURE HOLDER IN COORG” AS PER 1ST RESPONDENT’S NOTIFICATION NO. S.O.1920, DATED 06.07.1963 VIDE ANNEX-A IS ILLEGAL AND VIOLATIVE OF ARTICLES 14 AND 15 OF THE CONSTITUITION OF INDIA ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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