IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 3RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.5955 OF 2015 AND WRIT APPEAL NOS.1275-1321 OF 2016 AND WRIT APPEAL NOS.1322-1324 OF 2016 (KLR-RES) BETWEEN:
1. SMT. MAMATHA SHIVANNA D/O. GIRIRAJ, AGED ABOUT 45 YEARS, RESIDING AT NO. 265/3, I BLOCK, 6TH CROSS, LAKE ROAD, KAGGADASAPURA, C.V. RAMAN NAGAR, BENGALURU-560 093.
2. SRI. K.N. SHIVANNA S/O NINGAIAH, AGED ABOUT 53 YEARS, RESIDING AT NO. 265/2, 1ST BLOCK, 6TH CROSS, LAKE ROAD, KAGGADASAPURA, C.V. RAMAN NAGAR, BENGALURU-560 093.
3. SRI. B.N. BALAJI S/O B.G. NARAHARI, AGED ABOUT 62 YEARS, NO.2333, 9TH MAIN, ‘E’ BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010.
4. SRI. H.R. SRIPATHI S/O RAMASWAMY IYENGAR, AGED ABOUT 52 YEARS, NO.G-5, GLASS COLONY, WHITE FIELD, BENGALURU-560 066.
5. SMT. N.R. SHASHIKALA WIFE OF R. KRISHNA, AGED ABOUT 61 YEARS, RESIDING AT NO.G-5, GLASS COLONY, WHITE FIELD, BENGALURU-560 066.
6. SRI K. NAGAMOHAN REDDY S/O K. NAGI REDDY , AGED ABOUT 44 YEARS, RESIDING AT NO.14, A.T. STREET, 3RD CROSS, CUBBONPET, BENGALURU-560 002.
7. SRI GOPALARAJU S/O RANGARAJU, AGED ABOUT 63 YEARS, NO.7, NURIYAPET , 27TH CROSS, R.T. STREET, BENGALURU-560 053.
8. SRI. GOVARDHANA REDDY S/O A. RAGHUPATHI REDDY, AGED ABOUT 40 YEARS, RESIDING AT NO.120, 4TH BLOCK, 4TH MAIN, T.R. NAGAR, BENGALURU-560 026.
9. SRI R. NARAYANAPPA S/O LATE RAMAPPA, AGED ABOUT 65 YEARS, NO.80, 1ST CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
10. SRI. ZIAULLA KHAN S/O LATE MASTAN KHAN, AGED ABOUT 56 YEARS, NO.164, 6TH CROSS, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
11. SRI SYED MATHEEN AHMED S/O LATE SYED SHAFIULLA, AGED ABOUT 32 YEARS, RESIDING AT NO.94/1 (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
12. SRI OBEDULLA KHAN S/O LATE MASTAN KHAN, AGED ABOUT 48 YEARS, NO.165, 6TH CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
13. SRI A.A. BENNUR S/O LATE AJJAPPA BENNUR, AGED ABOUT 70 YEARS, NO.C-51, 1ST CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
14. SMT. B. NISHA CHRISTINA W/O BENNET THOMAS, AGED ABOUT 33 YEARS, NO.85, 2ND CROSS, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
15. SMT. NAZIRA BEGUM W/O SRI MUMTAZ AHMED, AGED ABOUT 60 YEARS, RESIDING AT MUMTAZ HAVELI, THIRD AVENUE, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
16. SMT. RAHATH MUMTAZ W/O SRI MOHAMMAD ARIF HYDER, AGED ABOUT 29 YEARS, RESIDING AT MUMTAZ HAVELI, THIRD AVENUE, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067. REPRESENTED BY GPA HOLDER SMT. NAZIRA BEGUM W/O SRI MUMTAZ AHMED, AGED ABOUT 60 YEARS, RESIDING AT MUMTAZ HAVELI, THIRD AVENUE, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
17. SMT. SHAMEEM AKTHAR W/O SRI ABBAS SHARIEF, AGED ABOUT 59 YEARS, RESIDING AT NO.74, 4TH CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
18. SMT. MUBEEN UNNISSA W/O LATE SYED SHAFIULLA, AGED ABOUT 48 YEARS, RESIDING AT NO.94/1, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
19. SRI DALJIT SINGH MAMIK S/O HARJIT SINGH MAMIK, AGED ABOUT 58 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU - 560 067. REPRESENTED BY GPA HOLDER SMT. SURINDER KHERA CARE OF SRI DALJIT SINGH MAMIK, AGED ABOUT 80 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU - 560 067.
20. SMT. MANPREET MAMIK W/O SRI DALJI SINGH MAMIK, AGED ABOUT 51 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU - 560 067, REPRESENTED BY GPA HOLDER SMT. SURINDER KHERA, CARE OF SRI DALJIT SINGH MAMIK, AGED ABOUT 80 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
21. SMT. B. RAJALAKSHMI W/O SRI E. BALASUBRAMANI, AGED ABOUT 57 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
22. SMT. CHAND BEE W/O. AMWAR BASHA, AGED ABOUT 48 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
23. SMT. NAZEEMA TABASSUM W/O MR. MOHAMMED AMEER JAN, AGED ABOUT 45 YEARS, RESIDING AT NO.15, 10TH MAIN ROAD, VASANTH NAGAR, BENGALURU, REPRESENTED BY GPA HOLDER SRI B. MOHAN RAO, S/O LATE ABBAIAH, AGED ABOUT 53 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
24. SMT. KHUTEJU BANU DILSHAD W/O SYED SALEEM, AGED ABOUT 43 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
25. SRI MOHAMMED AMEERJAN AGED ABOUT 56 YEARS, S/O.LATE MOHAMMED FAQRUDDIN, CARE OF OMER FOUNDATION TRUST, #60, 62, & 65, 2ND CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
26. SMT. L.D. ROZARIO W/O. G.D. ROZARIO, AGED ABOUT 60 YEARS, CARE OF S.B. MYSURU, 1ST FLOOR, #88, WHITEFIELD MAIN ROAD, BENGALURU-560 066.
27. SRI H.P. PRAKASH S/O. H.S. PADMANABHAIAH, AGED ABOUT 48 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
28. SRI C. SANJEEVIRAJU S/O. C. CHENGAMA RAJU, AGED ABOUT 58 YEARS, RESIDING AT NO.254, 6TH CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
29. SRI D.U. SHIVA SHANKAR S/O. D.S. UMAPATHY, AGED ABOUT 69 YEARS, RESIDING AT NO.1/100, 3RD CROSS, G.K.NAGAR, (BALAMURI MAHAGANAPATHI TEMPLE COMPOUND), (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
30. DR. P. NANDAKUMARAN S/O. LATE K.N. PISHAROTY, AGED ABOUT 78 YEARS, RESIDING AT "SAI RAM", 2ND FLOOR, ARCHADE APARTMENT, YEDAKKAD, KOZHIKODE, KERALA-05, REPRESENTED BY GPA HOLDER SRI MOHAN KUMAR VENKATAIAH, SON OF VENKATAIAH, AGED ABOUT 43 YEARS, RESIDING AT MIG-64, 1ST STAGE, 3RD MAIN, KHB COLONY, BASAWESHWAR NAGAR, BENGALURU-560 079.
31. BRIG JASPREET SINGH KHERA S/O. BRIG. N.S. KHERA, AGED ABOUT 51 YEARS, RESIDING AT NO.58, 2ND CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067. REPRESENTED BY GPA HOLDER, SMT. SURINDER KHERA, CARE OF SRI DALJIT SINGH MAMIK, AGED ABOUT 80 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
32. SRI SYED ABID S/O. SYED KHASIM, AGED ABOUT 38 YEARS, RESIDING AT NO.61, BLOCK NO.9, D.R. QUARTERS, CHANNAPATNA, BENGALURU-560 071.
33. SRI G. MUNIRATHNAM S/O. LATE T. GOVINDAM, AGED ABOUT 74 YEARS, RESIDING AT NO.147, 7TH CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
34. SRI D.S. MANJUNATHA S/O. LATE D.N. SIDDAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO.70, 3RD CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
35. SMT. K. ANUPAMA W/O. RAVI KUMAR, AGED ABOUT 46 YEARS, RESIDING AT NO.56, 2ND CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
36. SMT. LALITHAMBA N., W/O. LAKSHMI NARAYANA MURTHY, AGED ABOUT 51 YEARS, RESIDING AT NO.57, 2ND CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
37. SMT. TULASI DEVI W/O. LATE M. NAGARAJU, AGED ABOUT 48 YEAR, RESIDING AT NO.129, 5TH CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
38. SMT. REHANA BANU W/O. M. RAHAMATHULLA SHARIFF, AGED ABOUT 51 YEARS, RESIDING AT NO.59, 1ST CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
39. SMT. RASHIDA W/O. PYARU SAB, AGED ABOUT 64 YEARS, RESIDING AT NO.88, 2ND CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
40. SMT. MAHELA THALATH W/O. SAWOOD OMRAN, AGED ABOUT 41 YEARS, RESIDING AT NO.127 & 132, 5TH CROSS, G.K. NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560 067.
41. SMT. CHOWDAMMA W/O. CHANDRAIAH, AGED ABOUT 57 YEARS, RESIDING AT RANGAPURAM VILLAGE, APPANAPALLI POST, KHAJIPET MANDALAM, CUDDAPAH DISTRICT, ANDHRA PRADESH-03.
42. SMT. P. AKKAIAH W/O. P. LAXMAIAH, AGED ABOUT 51 YEARS, RESIDING AT RANGAPURAM VILLAGE, APPANAPALLI POST, KHAJIPET MANDALAM, CUDDAPAH DISTRICT, ANDHRA PRADESH-0.3 43. SRI T.N. KRISHNAPPA S/O. T.V. NARAYANAPPA, AGED ABOUT 72 YEARS, RESIDING AT NO.201, DSP COMPOUND, DINNUR MAIN ROAD, KADUGODI PLANTATION, BENGALURU.
44. SMT. PRATIMA H. PATEL W/O. HAREN K. PATEL, AGED ABOUT 58 YEARS, RESIDING NO.89, KALYAN CO-OPERATIVE HOUSING SOCIETY, 9TH MAIN, 3RD CROSS, R.P.C. LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU-560 040.
45. SMT. SALLY M. PETER D/O. LATE PETER, AGED ABOUT 44 YEARS, RESIDING AT NO.115/2, VIJAYA BANK COLONY, DODDABANASVADI POST, RAMAMURTHYNAGAR, BENGALURU-560 043.
46. SRI S.A. HAMEED S/O SYED USMAN, AGED ABOUT 64 YEARS, RESIDING AT NO.20, 2ND CROSS, 2ND MAIN, M.V.BLOCK, VAYALIKAVAL, BENGALURU, REPRESENTED BY GPA HOLDER, SRI B. MOHAN RAO, S/O. LATE ABBAIAH, AGED ABOUT 50 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
47. SMT. NOORJAHAN W/O. LATE MUSHTAQ AHEMAD, AGED ABOUT 66 YEARS.
48. MR. ASWAQ AHEMAD S/O. LATE MUSHTAQ AHEMAD, AGED ABOUT 37 YEARS.
APPELLANTS NO.47 AND 48 ARE RESIDING AT NO.4/1, 2ND CROSS, SIDDAIAH ROAD, BENGALURU-560 072. BOTH ARE REPRESENTED BY GPA HOLDER, SR B. MOHAN RAO, S/O. LATE ABBAIAH, AGED ABOUT 53 YEARS, RESIDING AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
... APPELLANTS (BY SRI MANMOHAN P.N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.
2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K.G.ROAD, BENGALURU-560 009.
3. THE TAHASILDAR BENGALURU EAST TALUK, KRISHNARAJAPURA, BENGALURU CITY.
4. FOREST DEPARTMENT REPRESENTED BY ASSISTANT CONSERVATOR OF FORESTS, BENGALURU URBAN SUB-DIVISION, MALLESHWARAM, BENGALURU-560 004.
5. SRI SIDDIQUA BEGUM W/O. AYAZ PASHA, AGED ABOUT 39 YEARS, NO.82, 1ST CROSS, (BEHIND KADUGODI POLICE STATION), GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
6. SRI SYED GHOUSE PEER S/O. LATE SABJAN SAB, AGED ABOUT 62 YEARS, RESIDING AT NO.87/1, 2ND CROSS, (BEHIND KADUGODI POLICE STATION), GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
7. SRI MOHAMMED AZMATHULLA S/O. LATE A.N.K. MOOSA, AGED ABOUT 67 YEARS, RESIDING AT NO.127/128, 4TH CROSS, (BEHIND KADUGODI POLICE STATION), GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.
... RESPONDENTS (BY MS. N. ANITHA, HCGP FOR R-1 TO R-4;
SRI P.S. MALIPATIL, ADVOCATE FOR R-5 AND R-6; VIDE ORDER DATED 16.03.2016 SERVICE OF NOTICE TO R-7 IS DISPENSED WITH) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.50483-50533 OF 2012 DATED 04.11.2015.
***** THESE WRIT APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned counsel for the appellants has filed a memo before this Court seeking to withdraw the appeals with liberty to file a suit challenging the impugned order before the learned Single Judge.
2. In view of the facts and circumstances of the case involved, we are of the view that the rights of the appellants could only be agitated before a appropriate Civil Court. Hence, the memo is accepted. The appeals are dismissed as withdrawn with a liberty to the appellants to file a suit before the appropriate Civil Court. If such a suit is filed within a period of 12 weeks from the date of receipt of a copy of this order, the suit shall be considered on merits in accordance with law.
The interim order granted by this Court in these appeals on 16-3-2016 directing to maintain status-quo shall continue to remain for a period of 12 weeks.
None of the observations made by the learned Single Judge shall be taken into consideration by the trial Judge.
Sd/- Sd/-
JUDGE JUDGE Rsk/-