IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 24TH DAY OF MARCH, 2017 BEFORE THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NOs.8560-8573 OF 2016(KLR-RES) BETWEEN :
1. R. VENKATESH PRESIDENT, SHREE SARVA SHRESHTA SEVA ASHRAMA CHARITABLE TRUST (R) AGE: 45 YEARS, NO.1, MARUTHI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
2. MURUGAN S/O. KRISHNAPPA, AGE : 42 YEARS, OCCU: COOLIE, NO.2, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
3. B.A. ANASUYA @ LAKSHMI W/O. R. VENKATESH, AGED ABOUT 38 YEARS, OCCU: COOLIE, NO.7, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
4. PONNASWAMY S/O. SONDALIMUTTHU, AGED :53 YEARS, OCCU: COOLIE, NO.9, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
5. VIKRAM DAS N S/O. NARAYAN DAS, AGED : 30 YEARS, OCCU: COOLIE, NO.1/1, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
6. HUSSAIN SAB @ BANDAGI SAB S/O. KHAJA SAB, AGED : 53 YEARS, OCCU: COOLIE, NO.36, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
7. R. LAKSHMI DEVI @ LAKSHMI W/O. R. LAKSHMINARAYANA, AGED : 38 YEARS, OCCU: COOLIE, NO.6, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
8. NARASIMHAYYA S/O. SINGAIAH, AGED : 47 YEARS, OCCU: COOLIE, NO.27, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
9. JAHEER KHAN S/O. PACHA SAB, AGED : 48 YEARS, OCCU: COOLIE, NO.42, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
10. GANESH S/O. NANJUNDAPPA, AGED : 53 YEARS, OCCU: COOLIE, NO.10, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
11. YELLAMMA W/O. K. RAMAYYA @ RAMANNA, AGED : 42 YEARS, OCCU: COOLIE, NO.16, MARUTINAGAR, NEAR SHIVALINGA, KAMMANAHALLI, GOTTIGERE, BENGALURU-560 083.
12. SARITHA W/O. SURESH BABU, AGED : 30 YEARS, OCCU: COOLIE, NO.26, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
13. R. RAJESH S/O. RAMAIAH, AGED : 39 YEARS, OCCU: COOLIE, NO.14, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083.
14. DEVEGOWDA S/O. JAVAREGOWDA, AGED : 35 YEARS, OCCU: COOLIE, NO.31, MARUTI NAGAR, NEAR SHIVALING, KAMMANAHALLI MAIN ROAD, GOTTIGERE, BENGALURU-560 083. ... PETITIONERS (BY SRI S.S.HALALLI, ADVOCATE) AND 1. THE GOVT. OF KARNATAKA DEPT. OF REVENUE, REPTD. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU-560 001.
2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU-560 001.
4. THE TAHASILDAR BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT, BENGALURU-560 009. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1, R3, R4 SRI I.G.GACHCHINAMATH, ADVOCATE FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT TAHASILDAR TO PROCESS AND TO CONSIDER THE APPLICATION OF THE PETITIONERS UNDER SEC. 94 CC OF THE KARNATAKA LAND REVENUE ACT, 1964 FOR REGULARIZATION OF UNAUTHORIZED CONSTRUCTION OF HOUSES ON GOVERNMENT LAND IN ACCORDANCE WITH LAW - ANNEX-M1, M2, M3, M4, M5, M6, M7, M8, M9, M10, M11, M12, M13 & M14.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned Additional Government Advocate takes notice for the respondent Nos.1, 3 and 4.
2. The petitioners seek for a writ of mandamus to direct the respondent No.4 to consider the applications vide Annexures-M1 to M14.
3. The learned Additional Government Advocate appearing for the respondents submits that if a reasonable time is granted, the same will be considered in accordance with law.
4. In view of the submission made, the respondent No.4 is directed to consider the applications, vide Annexures-M1 to M14, provided it is within time, authentic and accompanied by relevant documents and pass appropriate orders in accordance with law, within a period of six months from the date of receipt of a copy of this order.
Writ petitions are disposed off accordingly.
The learned Additional Government Advocate is permitted to file memo of appearance within four weeks.
SD/- JUDGE nd/-