IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NOS.5750-5758 OF 2015 (LA-RES) BETWEEN:
1. SRI P.N SURESH SON OF SRI. LATE P.N. HEBBAR AGED ABOUT 51 YEARS, RESIDENT OF NO.18/1A, “SEETHA" 2ND MAIN ROAD, RBI COLONY, ANANDNAGAR, BENGALURU-560 024.
2. SRI. G. KODANDA SON OF SRI. G. KONDAIAH, AGED ABOUT 46 YEARS, RESIDENT OF NO.35, 3RD MAIN, AECS LAYOUT, SANJAYNAGAR, BENGALURU-560 094.
3. SRI. G.KOTESHWARA RAO SON OF SRI. G. MASTANAIAH, AGED ABOUT 51 YEARS, RESIDENT OF NO.12/1, 1ST FLOOR, 3RD CROSS, MALLESHWARAM BENGALURU-560 003.
4. SRI. NISARGA SON OF SRI. HUCHATHIMMAIAH AGED ABOUT 46 YEARS, RESIDENT OF NO.337, 2ND "F" MAIN ROAD, 11TH BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU-560 072.
5. SRI. K. PALANIVELU SON OF LATE SRI. KANDASWAMY AGED ABOUT 53 YEARS, RESIDENT OF NO.30/9, 8TH A MAIN ROAD, RMV EXTENSION, SADASHIVANAGAR, BENGALURU-560 080.
6. SRI. RAJA NAIK SON OF SRI. SHAMA NAIK, AGED ABOUT 43 YEARS, RESIDENT OF GOLLAHALLI TANDA, ANTHARAHALLI POST, DODDABALLAPUR-561 203, BENGALURU RURAL DISTRICT.
7. SRI. RAMANA REDDY SON OF SRI. C. SRINIVASULU REDDY, AGED ABOUT 36 YEARS, PRESENTLY RESIDING AT 175 CALVERT DRIVE, APT E201, CUPERTINO, CA 95014, USA, REPRESENTED BY HIS G.P.A. HOLDER SRI. C. SRINIVASULU REDDY, SON OF SRI. C. VENKATA SUBBA REDDY AGED ABOUT 67 YEARS RESIDENT OF NO.3/539, YMR COLONY, PRODDATUR-516 361, KADAPA DISTRICT, ANDHRA PRADESH.
8. SRI. H.A. PHANIRAJ SON OF SRI. AMRITHKANTAIAH, AGED ABOUT 44 YEARS, RESIDENT OF NO.2587, 11TH MAIN "E" BLOCK, RAJAJINAGAR 2ND STAGE, BENGALURU-560 010.
REPRESENTED BY HIS G.P.A. HOLDER SRI.T.R. VEERANNA, SON OF SRI. RUDRASHETTY AGED ABOTU 62 YEARS, RESIDENT OF NO.2578, 11TH MAIN, "E" BLOCK, RAJAJINAGAR 2ND STAGE, BENGALURU-560 010.
9. SMT. KARUNA NATARAJ GOJANUR WIFE OF SRI. NATARAJ GOJANUR, AGED ABOUT 52 YEARS, CARE OF SMT. LALITHAMMA, NO.2587, 11TH MAIN "E" BLOCK, RAJAJINAGAR 2ND STAGE, BENGALURU-560 010.
….APPELLANTS (BY SRI. K N PHANINDRA, SENIOR COUNSEL FOR SMT. VAISHALI HEDGE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.
2. SPECIAL LAND ACQUISITION OFFICER V.V. TOWERS, PODIUM BLOCK, DR. AMBEDKAR ROAD, BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU -560 001.
4. THE TAHSILDAR BANGALORE NORTH TALUK, BENGALURU -560 001.
5. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISIONER, KUMARA PARK WEST, BENGALURU -560 020.
6. BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, N.R. SQUARE, CORPORATION CIRCLE, BENGALURU -560 002.
7. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, "KANDAYA BHAVAN", 8TH FLOOR, K.G. ROAD, BENGALURU -560 001.
8. SMT. V. K. RAMA DAUGHTER OF SRI. V.K. GOPAL, AGED ABOTU 47 YEARS, RESIDENT OF NO.1014, RAMYA SADHAN, 11TH MAIN, HAMPI NAGAR, BENGALURU-560 040.
9. SRI. C. MUNIRATNAM SON OF LATE SRI. CHINNANNA, AGED ABOTU 70 YEARS, RESIDENT OF NO.245, NAGAWARA VILALGE, NEAR T.C.H. COLLEGE, A.C. POST, BENGALURU -560 045.
... RESPONDENTS (BY SRI. LAKSHMINARAYANA, AGA FOR R-1 TO R-4 AND R-7.
SRI. M.B. PRABHAKAR, ADVOCATE FOR R-5 SRI. I.G. GACHCHINAMATH, ADVOCATE FOR R-6 SRI. BRIJESH PATIL, ADVOCATE FOR R-8 AND R-9) 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 35381-389 OF 2015 DATED 30.11.2015.
THESE WRIT APPEALS COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in disposing off the writ petition in the light of the contention of the affidavits of the Under Secretary to the Government and the pendency of Special Leave to Appeal Nos.36587-36860 of 2014, the writ petitioners have filed these appeals.
2. The plea of the petitioners was to seek a writ of certiorari to quash Annexures ‘A’ and ‘B’. Annexure-A is the communication of the Principal Secretary, Revenue Department, Bengaluru, to the Special Land Acquisition Officer, Bengaluru, requesting to take immediate action on the orders of the Hon'ble Supreme Court, as referred to therein. Consequently, Annexure-B was issued, which is a possession letter handing over possession of the lands in question.
3. It is presently submitted that Annexure-B has since been withdrawn by the State. In view of withdrawal of Annexure-B, that prayer does not survive for consideration. The other prayer that would remain is to quash Annexure-A. Since Annexure-B is as a consequence to Annexure-A, there is nothing further to be quashed so far as Annexure-A is concerned. All other prayers are infructuous.
4. Hence, we do not find it appropriate to entertain these appeals. The appeals are disposed off.
Sd/- JUDGE Sd/- JUDGE RD