IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NO.35970/2017 (SCST) BETWEEN SMT RAMAKKA W/O LATE NARAYANAPPA RESIDING AT BAVIKERE VILLAGE KASABA HOBLI NELAMANGALA TALUK-562123 (BY SRI T SESHAGIRI RAO, ADV.) AND 1. THE TAHSILDAR NELAMANGALA TALUK BANGALORE RURAL DISTRICT.
2. THE ASST. COMMISSIONER NELAMANGALA TALUK BANGALORE RURAL DISTRICT 3. SRI VENKATAPPA S/O LATE VENKATASWAMY AGED ABOUT 86 YEARS 4. SMT. VENKATAMMA W/O LATE CHINNAPPA AGED ABOUT 58 YEARS 5. SRI JAYARAM S/O VENKATAPPA AGED ABOUT 45 YEARS ... PETITIONER 6. SRI KUMAR V S/O VENKATAPPA AGED ABOUT 39 YEARS 7. SMT. CHINNAMMA W/O LATE RAJNNA AGED ABOUT 48 YEARS 8. SRI SRINIVAS S/O VENKATAPPA AGED ABOUT 55 YEARS 9. SMT. PUTTAMMA D/O VENKATAPPA W/O KRISHNAPPA AGED ABOUT 55 YEARS 10. SMT. NELAMMA D/O VENKATAPPA W/O NARASIMHAIAH AGED ABOUT 37 YEARS 11. SMT LAXMIDEVI W/O VENKATESH AGED ABOUT 51 YEARS 12. SRI SANTHOSHKUMAR V S/O LATE VENKATESH S/O VENKATAPPA AGED ABOUT 26 YEARS 13. SRI NANDAKUMAR S/O LATE VENKATESH AGED ABOUT 26 YEARS 14. SMT. ASHA D/O LATE VENKATESH D/O VENKATAPPA AGED ABOUT 24 YEARS 15. SMT LALITHAMMA D/O VENKATAPPA AGED ABOUT 45 YEARS 16 SMT. MANJULA D/O VENKATAPPA AGED ABOUT 37 YEARS 17. SMT. VASANTHALAKSHMI D/O VENKATAPPA AGED ABOUT 35 YEARS 18. SMT. ANANTHAMMA D/O LATE VENKATASWAMY W/O LATE RAMAIAH AGED ABOUT 74 YEARS RESPONDENTS 2 TO 18 ARE RESIDING AT BAVIKERE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK-562123.
19. SMT SUSHEELAMMA W/O LATE H P PUTTARAJU AGED ABOUT 78 YEARS R/AT NO.27, 5TH CROSS, MARUTHI LAYOUT, BASAVESHWARANAGAR BANGALORE-560079 20. SMT. B P MAHALAKSHMI W/O CHANDRASHEKAR D/O LATE H PUTTARAJU AGED ABOUT 60 YEARS R/AT NO.1711, 1ST MAIN ROAD RAJARAJESHWARINAGAR BEML LAYOUT BANGALORE-560098 21. SRI B P SURESH S/O LATE H PUTTARAJU AGED ABOUT 58 YEARS R/AT NO.27, 5TH CROSS MARUTH LAYOUT, BASAVESHWARA NAGAR BANGALORE-560079 22. SRI B P MANJULA D/O LATE H PUTTARAJU W/O SRINIVAS AGED ABOUT 54 YEARS R/AT NO.61, BINNY LAYOUT, 3RD STAGE, 2ND MAIN ROAD ATTIGUPPE, VIJAYANAGAR, 2ND STAGE, BANGALORE-560040.
23. SMT B P GAYATHRI D/O H PUTTARAJU W/O SRI M M PRASANNA KUMAR RESIDING AT NO.441, 12TH CROSS SADASHIVANAGAR BENGALURU-560080 24. SMT T M DIVYA W/O R LOKESH RESIDING AT NO.4, 5-B CROSS, GIRINAGAR BANASHANKARI 3RD STAGE BENGALURU-560085 25. M/S VEDHA SHELTERS REPRESENTED BY ITS PARTNER SRI NAGARAJ KUMAR H P S/O SRI PAPANNA AGED ABOUT 32 YEARS, RESIDING AT NO.120, SONDEKOPPA ROAD NEAR GANESHA TEMPLE VINAYAKANAGAR NELAMANGALA-562123.
26. SRI SRIDHAR RAO M S/O SRI G SUBBA RAO AGED ABOUT 38 YEARS RESIDING AT NO.235(12) ‘DIVYA SHREE’, 7TH MAIN NAGENDRA BLOCK, BSK 3RD STAGE, BENGALURU-560050 27. SMT. JAYAMMA W/O LATE VENKATASWAMY AGED ABOUT 67 YEARS RESIDING AT PANTUR VILLAGE VARTHUR HOBLI, BENGALURU EAST TALUK BENGALURU RURAL DISTRICT-560037.
... RESPONDENTS (BY SMT. SAVITHRAMMA, HCGP FOR R1 & R2, NOTICE NOT ORDERED IN R/O R3-R27.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE ASST. COMMISSIONER, R-2 TO TAKE UP THE MATTER P.T.C.L.(N) 19/2016-17 IMMEDIATELY ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner and the learned High Court Government Pleader appearing for respondents 1 & 2.
2. Petitioner is before this Court being aggrieved by the non-disposal of the case registered as No.P.T.C.L.(N)19/ 2016-17 before respondent No.2 – Assistant Commissioner, Nelamangala Taluk, Bengaluru Rural District.
3. Learned High Court Government Pleader would affirm the fact that the matter is yet to be disposed off.
4. The writ petition is of the year 2017. Even after a passage of two years since the petition has been filed, no reasons are stated for the delay in disposal of the case. In that view of the matter, this Court is of the opinion that the petitioner has made out a case for grant of the relief sought in the writ petition.
5. Accordingly, this writ petition is disposed off, with a direction to respondent No.2 to take up the matter in No.P.T.C.L.(N)19/ 2016-17 and dispose off the same within an outer limit of eight weeks from the date of receipt of a copy of this order.
Sd/- JUDGE KK CT-HR