IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT W.A.Nos.5088 OF 2016 AND 1094-1097 OF 2017 (LB-RES) BETWEEN:
1. SRI. HITHESH Y.R SON OF SRI RAMESH Y M AGED ABOUT 28 YEARS RESIDENT OF K NIDUGANE VILLAGE AND POST MADIKERI- 571201 KODAGU DISTRICT.
2. SRI D M THEERTHA KUMAR SON OF SRI D K MADAIAH AGED ABOUT 34 YEARS RESIDENT OF 1ST MONNANGERI VILLAGE, GALIBEEDU POST MADIKERI- 571201 KODAGU DISTRICT.
3. SRI B T HEMA KUMAR SON OF LATE B S THAMMAIAH AGED ABOUT 46 YEARS RESIDENT OF K NIDUGANE VILLAGE AND POST MADIKERI 571201 KODAGU DISTRICT.
4. SRI SUNNY Y M SON OF LATE Y T MUTHANNA AGED ABOUT 50 YEARS RESIDENT OF K NIDUGANE VILLAGE AND POST MADIKERI- 571201 KODAGU DISTRICT.
5. SRI D S MUKUNDA SON OF SRI D K SHIVAPPA AGED ABOUT 38 YEARS RESIDENT OF 1ST MONNANGERI VILLAGE GALIBEEDU POST MADIKERI -571201.
6. SRI D R HEMANTH SON OF SRI D K RUDRAPPA AGED ABOUT 24 YEARS RESIDENT OF 1ST MONNANGERI VILLAGE GALIBEEDU POST MADIKERI-571201.
7. SRI KUSHALAPPA C S SON OF SRI SOMANNA C M AGED ABOUT 49 YEARS RESIDENT OF DOOR NO.220 1ST MONNANGERI VILLAGE GALIBEEDU POST MADIKERI-571201.
... APPELLANTS (BY SRI.VIVEK ANAND ANTHONY BRITTO, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560001 2. DIRECTOR OF TOWN PLANNING P. B. NO.5257, MULTI STORIED BUILDING PHASE -IV, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.
3. MADIKERI URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN NEAR K. S. R. T. C., BUS DEPOT MADIKERI 571 201.
4. MERCARA DOWNS GOLF CLUB P. B. NO.79, GALIBEEDU VILLAGE MADIKERI-571 201 COORG DISTRICT REPRESENTED BY ITS GENERAL MANAGER SRI. B. S. CHENGAPPA SON OF LATE B. J. SOMAIAH AGED ABOUT 65 YEARS RESIDENT OF JAYANAGAR MADIKERI-571 201.
... RESPONDENTS (BY SRI.LAXMINARAYANA, AGA. FOR RESPONDENT Nos.1 AND 2 SRI. R NAGENDRA NAIK, ADVOCATE FOR RESPONDENT No.3 SRI PRADEEP SOMAIAH B.C., ADVOCATE FOR RESPONDENT No.4) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION Nos.267/2016 AND 3254- 57/2016 DATED 15/11/2016 AND ALLOW THE IMPLEADING APPLICATION FILED BY THE APPELLANTS BY ORDERING FOR IMPLEADING THE APPELLANTS IN THE ABOVE WRIT PETITION FILED BY THE RESPONDENT NO.4 AS ADDITIONAL RESPONDENTS.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 15.11.2016 passed by the learned Single Judge on I.A.No.1 of 2016 in Writ Petition Nos.267 of 2016 and 3254-57 of 2016, in rejecting the appellants’ plea in not being impleaded therein, the present appeals are filed. Since the appellants’ application was rejected, their rights have been affected. Therefore, I.A.No.1 of 2017 is allowed and they are granted permission to prosecute the appeal.
2. The case of the writ petitioner was that he was the owner of the Mercara Downs Golf Club and that the respondent – Town Planning Authority has shown the “private road” belonging to the petitioner as “public road” in the final master plan. Therefore, he sought to set aside that portion of the master plan. The appellants are local villagers, who have been using the alleged road for their day to day activities. The learned Single Judge noted that a Civil Suit was already filed before the competent Civil Court and that the applicants were arrayed as defendants therein and on that ground rejected I.A.No.1 of 2016.
3. On considering the reasons assigned, we do not find any ground to sustain the impugned order dated 15.11.2016 passed by the learned Single Judge in Writ Petition Nos.267 of 2016 and 3254-57 of 2016. If the application was to be rejected on the ground of a pending suit, necessarily the writ petitions should have also been dismissed on the very same reasoning. Accordingly, the writ appeal is allowed. The impugned order dated 15.11.2016 passed by the learned Single Judge on I.A.No.1 of 2016 in Writ Petition Nos.267 of 2016 and 3254-57 of 2016, is set aside. I.A.No.1 of 2016 in the instant writ petitions is allowed. The applicants are permitted to be impleaded as respondent Nos.4 to 10 in the instant writ petitions.
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JUDGE JUDGE NG* CT:bms