IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT APPEAL No.1292 OF 2018 (LA-BDA) c/w WRIT APPEAL No.4855 OF 2017 (LA-BDA) WRIT APPEAL No.3165 OF 2016 (LA-BDA) WRIT APPEAL Nos.2110-2127 OF 2017 (LA-BDA) In W.A.No.1292 of 2018:
BETWEEN:
JUDIA DANIEL WIFE OF LT.COL.DANIEL VARGHESE AND DAUGHTER OF T.T.JOSEPH, 46 YEARS, NO.594, 2ND CROSS, KPC LAYOUT, KASAVANAHALLI, CARMALARAM POST, JAYANAGAR BENGALURU-560041. ...APPELLANT (By Sri N.S.SANJAY GOWDA, ADVOCATE) AND:
1. SMT.LAKSHMI @ NEELA W/O KUMAR, 33 YEARS, RESIDING AT VADDARAPALYA, KOTHANUR, UTTARAHALLI HOBLI, BENGALURU-560 061.
2. THE STATE OF KARNATAKA DEPAERTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 BY ITS SECRETARY.
3. THE BENGALURU DEVELOPMENT AUTHORITY CHOWDAIAH ROAD, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS (By Sri.K.DIWAKARA, ADVOCATE FOR R1; Sri.S.S.MAHENDRA, AGA FOR R2; Sri.A.M.VIJAY, ADVOCATE FOR R3) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21/04/2016 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.42522/2014 AND TO CONSEQUENTIALLY DISMISS THE WRIT PETITION.
* * * In W.A.NO.4855 OF 2017:
BETWEEN:
K.S.SUBRAMANYA S/O LATE K.S.SURYANARAYANAPPA, AGED ABOUT 74 YEARS NO.490, 45TH CROSS, 5TH BLOCK, JAYANAGAR, BENGALURU-560 041. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SRI.ANANTHA. ...APPELLANT (By Sri.N.S.SANJAY GOWDA, ADVOCATE) AND:
1. SMT.LAKSHMI @ NEELA W/O KUMAR, 33 YEARS, RESIDING AT VADDARAPALYA, KOTHANUR, UTTARAHALLI HOBLI, BENGALURU-560 061.
2. THE STATE OF KARNATAKA DEPAERTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 BY ITS SECRETARY.
3. THE BENGALURU DEVELOPMENT AUTHORITY CHOWDAIAH ROAD, BENGALURU-560 020, REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS (By Sri.K.DIWAKARA, ADVOCATE FOR R1; Sri.S.S.MAHENDRA, AGA FOR R2; Sri.A.M.VIJAY, ADVOCATE FOR R3) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21/04/2016 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.42522/2014 AND TO CONSEQUENTIALLY DISMISS THE WRIT PETITION.
* * * In W.A.No.3165 OF 2016: BETWEEN:
THE BENGALURU DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, KUMARA PARK (WEST) BENGALURU - 560 020. ...APPELLANT (By Sri A.M.VIJAY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 (REPRESENTED BY ITS PRINCIPAL SECRETARY) 2. SMT. LAKSHMI @ NEELA W/O KUMAR, AGED ABOUT 32 YEARS, RESIDENT OF VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BENGALURU - 560 061.
3. DR.SUREKHA PAI AGED ABOUT 59 YEARS WIFE OF DR.ANANTH PAI KALSANK RESIDING AT NO.4, HAYAGREEVA NAGARA, INDRALI, KUNJIBETTU POST, UDUPI-576 102.
REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER SRI HARISH BHANDARY AGED ABOUT 47 YEARS SON OF MADHAVA BHANDARY RESIDING AT NO.48, SURAKSHA RESIDENCY, 4TH CROSS, K.R.LAYOUT, J.P.NAGAR, 6TH PHASE, BENGALURU-560 078.
4. SRI N.NARASIMHA GOWDA AGED ABOUT 58 YEARS S/O SHRI K.NARAYANAPPA RESIDING AT NO.1292, 5TH CROSS T.K.LAYOUT, 4TH PHASE, MYSURU-570 023.
5. SMT.P.RAJALAKSHMI AGED ABOUT 56 YEARS WIFE OF SHRI M.MARISETTY RESIDING AT NO.172 KAMADHENU NILAYA SHEELAMARGA, SIDDHARTHA NAGARA MYSURU-570 011. ... RESPONDENTS (By Sri S.S.MAHENDRA, AGA FOR R1; Sri K.DIWAKARA, ADVOCATE FOR R2;
Sri P.P.HEGDE, ADVOCATE FOR R3 TO R5) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.42522/2014 DATED 21/04/2016.
* * * In W.A.Nos.2110-2127 of 2017:
BETWEEN:
1. DR. K.V. RAMESH BABU S/O LATE KP VENKATESH, AGED ABOUT 71 YEARS, NO.299, J.P.NAGAR 8TH PHASE, 2ND BLOCK, BENGALURU-560 083.
2. K.NAGARAJ S/O K.S.KRISHNAPPA, AGED ABOUT 61 YEARS, NO.333, J.P.NAGAR 8TH PHASE, 2ND BLOCK, BENGALURU-560 083.
3. N.SATHYAVATHI W/O K.N.NAGAPRAKASH, AGED ABOUT 65 YEARS, NO.308, KUKKESHREE, J.P.NAGAR, 8TH PHASE, 2ND BLOCK, BENGALURU-560 083.
4. DR.B.KAPUR S/O Dr.S.N.KAPUR, AGED ABOUT 68 YEARS, NO.513, 4TH ‘E’ CROSS, HRBR LAYOUT, BLOCK 2, KALYAN NAGAR, BENGALURU-560 043.
5. K.P.NARAYAN RAO S/O K PURSHOTHAM RAO, AGED ABOUT 83 YEARS, NO.5/1, 6TH CROSS, LAKSHMIPURAM, ULSOOR, BENGALURU-560 008.
6. Y.NAGARAJU S/O YELLAPPA, AGED ABOUT 58 YEARS, NO.2, S.R.RESIDENCY, 1ST CROSS, SHANTHINAGAR, BENGALURU-560 027.
7. A.LAKSHMI W/O CHANAPPA, AGED ABOUT 70 YEARS, NO.50, 6TH ‘A’ CROSS, AECS LAYOUT, SANJAYNAGAR, BENGALURU-560 093.
8. LAKSHMI P PRAKASH W/O P.V.PRAKASH, AGED ABOUT 61 YEARS, NO.782, 36TH ‘A’ CROSS, 22ND MAIN, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 041.
9. ANUPAMA RAJ W/O D SUBBARAJU, AGED ABOUT 63 YEARS, 1017, 11TH MAIN, HANUMANTHNAGAR, BENGALURU-560 019.
10. RADHA CHANDRASHEKAR W/O LATE C.R.CHANDRASHEKAR, AGED ABOUT 50 YEARS, NO.32, ‘C’ CROSS, ASHOK AVENUE, K.R.GARDEN, MURGESHPALYA, BENGALURU-560 017.
11. E.JANARDHAN S/O KUTAPPA, AGED ABOUT 78 YEARS, 1606, 5TH MAIN, ‘E’ BLOCK, AECS LAYOUT, KUDALAHALLI BENGALURU-560 037.
12. SOMASHEKAR BC S/O H.C.CHOWDANATH SETTY, AGED ABOUT 85 YEARS, #56/1, 6TH CROSS, I MAIN ROAD, SOMESHWARA, BENGALURU-560 009.
13. B.K.GOPAL KRISHNA S/O B.KICHAIAH SETTY, AGED ABOUT 84 YEARS, #2272, I FLOOR, K.R.ROAD, BANASHANKARI II STAGE, BENGALURU-560 070.
14. M.G.RAMAPPA HEGDE S/O M.L.GIDAPPA HEGDE, AGED ABOUT 60 YEARS, NO.203, 7TH CROSS, PADMINI ENCLAVE, YAJAMANAPPA LAYOUT, NAGASHETTYHALLI, BENGALURU-560 094.
15. SATISH SUTRAVE S/O S.HANUMANTHA RAO, GED ABOUT 48 YEARS, NO.39, VINAYAKA LAYOUT, 3RD STAGE, VIJAYNAGAR, BENGALURU-560 040.
16. K.MOPUR REDDY S/O LATE RANGA REDDY K, AGED ABOUT 66 YEARS, 157/48/1, 2ND CROSS, T.RAMAIAH GARDEN, SOS CHILDREN VILLAGE POST, BANNERGHATTA ROAD, BENGALURU-560 076 17. P.PRABHAKAR S/O LATE GURUVAIAH SHETTY, AGED ABOUT 60 YEARS, MIG 243/2, OPP. SBI BANK, NAVANAGAR, HUBLI-580025.
18. DR.V.VIJAYLAKSHMI W/O Dr.C.N.GUNASHEKAR AGED ABOUT 44 YEARS, AND R/AT #18, 4TH ‘A’ MAIN ROAD, OBALAPPA GARDEN, BENGALURU-560 082. ...APPELLANTS (By Sri Y.T.ABHINAY, ADVOCATE) AND:
1. SMT. LAKSHMI @ NEELA W/O KUMAR, 33 YEARS, VADDARAPALYA, KOTHANUR, UTTARAHALLI HOBLI, BENGALURU-560 061.
2. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001 BY ITS SECRETARY.
3. THE BENGALURU DEVELOPMENT AUTHORITY CHOWDAIAH ROAD, BENGALURU-560 020 BY ITS COMMISSIONER.
... RESPONDENTS (By Sri.S.S.MAHENDRA, AGA FOR R2; Sri.SACHING.B.S., ADVOCATE FOR R3; R1 is served) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.42522/2014 DATED 21/04/2016.
THE ABOVE WRIT APPEALS COMING ON FOR ADMISSION, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT These appeals are filed by the subsequent allottees. Their case is that they have been allotted their respective sites by the third respondent and that they are in possession of the same and some of the appellants are purchasers, recipients of gifts, etc., Notwithstanding the same, the first respondent/ writ petitioner filed the instant petition before the learned single Judge seeking to quash the acquisition proceedings in respect of the lands held by the grand father of the petitioner. By the impugned order, the writ petition was allowed and the acquisition was held to have lapsed, in view of the fact that the appellants are the allottees of the sites in question, no order could have been passed without hearing them. The contentions that they have a right, title and interest would necessarily have to be decided by the learned single Judge. Under these circumstances, we pass the following:
ORDER i) The writ appeals are allowed.
ii) The order dated 21.04.2016 passed by the learned single Judge in W.P.No.42552 of 2014 is set aside.
iii) The Writ Petition No.42552 of 2014 is restored to file.
iv) Appellants are permitted to file an application seeking to implead themselves in the writ petition and on such application being made, the learned single Judge shall proceed in accordance with law.
Ordered accordingly.
Sd/- Sd/-
JUDGE JUDGE DH