IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI WRIT APPEAL NOS.1968-1983 OF 2015 AND WRIT APPEAL NOS.3667-3671 OF 2016 (KLR-CON) BETWEEN:
1. SRI R.VENKATESHAPPA SON OF BANAJIGARA RAMAPPA AGED ABOUT 75 YEARS RESIDING AT NO.10 GOVINDASHETTY PALYA ELECTRONIC CITY POST BENGALURU-560 100.
2. SMT. HEMALATHA DEVARAJ WIFE OF A. DEVARAJ AGED ABOUT 51 YEARS RESIDING AT NO.L.43 6TH CROSS, MAGADI ROAD BENGALURU-560 023.
3. SRI C. MURTHY SON OF CHENGEACHRI AGED ABOUT 41 YEARS WORKING AT ESSAEE TEROKA PRIVATE LIMITED PLOT NO.4/B, BOMMASANDRA INDUSTRIAL AREA HOSUR ROAD BENGALURU-560 058.
4. SRI C.KUMARESHAN SON OF N. CHAKRAPANI AGED ABOUT 44 YEARS RESIDING AT NO.555 KAMARAJANAGAR JUJUVADI VILLAGE SIPCOT POST, HOSUR TAMIL NADU-635 126.
5. SRI A. PAYANI VELU MUDALI SON OF A. RAMASWAMY MUDALI AGED ABOUT 60 YEARS RESIDING AT NO.3/110 PARADARAMI POST GUDIYATHAM TALUK DR. AMBEDKAR DISTRICT TAMIL NADU-632 602.
6. SMT. N. SHANKARI WIFE OF S. KUPPUSWAMY AGED ABOUT 63 YEARS RESIDING AT B-66 N.A.L. STAFF QUARTERS KODIHALLI BENGALURU-560 017.
7. SMT. DEEPTHI ADELINE ANDRADE DAUGHTER OF C.A. ANDRADE AGED ABOUT 35 YEARS RESIDING AT NO.18 CAMPBEEL ROAD VIVEKANAGAR POST BENGALURU-560 047 8. SMT. ALPHONES MARY N WIFE OF PETER JAYARAJ AGED ABOUT 49 YEARS RESIDING AT NO.179 SHARADA COLONY BASAVESHWARANAGARA BENGALURU-560 079.
9. SRI Y. ASHOKAN SON OF LATE C. YESUDIAN AGED ABOUT 46 YEARS RESIDING AT B-20 NAL STAFF QUARTERS AIRPORT ROAD, KODIHALLI BENGALURU-560 079.
10. SMT. P. GEETHA WIFE OF BALACHANDAR AGED ABOUT 41 YEARS RESIDING AT NO.125, 5TH CROSS JAI JAWAN NAGAR SUBBANNAPALYA EXTENSION BENGALURU-560 079.
11. SMT. R. KOMALA WIFE OF S.M. RAMESH KUMAR AGED ABOUT 44 YEARS RESIDING AT: C/O YAMUNAVATHI NO.20, 5TH A MAIN ROAD VIVEKANAGAR EXTENSION BENGALURU-560 047.
12. SRI B. SHIVANNA SON OF BASAVAIAH AGED ABOUT 49 YEARS RESIDING AT BISHAP COTTON BOYS SCHOOL QTRS, ST.MARKS ROAD BENGALURU-560 001.
13. SRI V. MUTHU RAJ SON OF VEERAKYATHAIAH AGED ABOUT 49 YEARS RESIDING AT NO.76, 10TH MAIN SHIVANAGAR BENGALURU-560 010.
14. SMT. B.S. MAHALAKSHMI WIFE OF K. PANBARASU AGED ABOUT 49 YEARS KANAR STREET, SATHUVACHARI VELLORE-632 009 TAMILNADU.
15. SMT. S. GEETHA WIFE OF P. KRISHNAMURTHY AGED ABOUT 49 YEARS RESIDING AT NO.68, 3RD CROSS NEHRU ROAD, KAMMANAHALLI ST. THOMAS TOWN POST BENGALURU-560 084.
16. SMT. JAMEEL FARHAT WIFE OF LATE HABIBULLA BAIG AGED ABOUT 61 YEARS RESIDING AT NO.B-16 NAL STAFF QUARTERS AIRPORT ROAD, KODIHALLI BENGALURU-560 017.
... APPELLANTS (BY SRI:D.S. LOKESH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDINGS BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD BENGALURU-560 001.
3. THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD BENGALURU-560 009.
4. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION K.G. ROAD BENGALURU-560009.
5. THE TAHSILDAR BENGALURU SOUTH TALUK K.G. ROAD BENGALURU-560 009.
6. M/S. SUPER CYBER TECH PARK (PVT) LTD. NO.60/1, 2ND CROSS RESIDENCY ROAD BENGALURU-560 025 REPRESENTED BY ITS AUTHORISED SIGNATORY.
7. SMT. MEHARUNNISA WIFE OF D. ABDUL SHUKOOR AGED ABOUT 45 YEARS RESIDING AT NO.7/22 MODERN HIGH SCHOOL STREET NADUGATTA, EJIPURA MAIN ROAD VIVEKNAGAR POST BENGALURU-560 047.
8. SRI S. VELU SON OF S. SAMU AGED ABOUT 43 YEARS RESIDING AT NO.68 VISWESHWARAYA NAGAR 3RD CROSS, SHAMPUR MAIN ROAD D.J. HALLI POST BENGALURU-560 046.
9. SRI ARMUGAM SON OF K. KANNAN AGED ABOUT 36 YEARS RESIDING AT CHARAN NIVAS 4TH CROSS, 5TH B MAIN NEAR KESORAM GODOWN, MADIWALA BENGALURU-560 068.
10. SRI R. MUTHU SON OF J. MANOBA AGED ABOUT 44 YEARS RESIDING AT: SHIVA KRUPA NILAYA NEAR GOVERNMENT SCHOOL OPPOSITE: KRISHNA PATTERN WORKS KONANAKUNTE BENGALURU-560 062.
11. SRI ALLEN RAKESH J SON OF JOHN AGED ABOUT 29 YEARS RESIDING AT NO.5, 5TH STREET ASHOKNAGAR BENGALURU-560 035.
... RESPONDENTS (BY SRI:SOWRAV BHATTACHARYA, ADVOCATE FOR SMT:VAISHALI HEGDE, ADVOCATE FOR R6) 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.37563-37583 OF 2014 (KLR-CON) DATED 24.04.2015 AND CONSEQUENTLY TO ALLOW THE WRIT PETITION NOS.37563-37583 OF 2014 (KLR-CON).
***** THESE WRIT APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Being aggrieved by the order dated 24.04.2015 passed in Writ Petition Nos.37563-37583 of 2014 by the learned Single Judge, the petitioners therein have filed these appeals.
2. Learned Counsel for the appellants contend that the impugned order is bad in law and has to be set aside.
3. Apparently, these appeals have been filed on the ground as noticed by the learned Single Judge in para 23 of its order, which reads as follows:
“23. W.P.Nos.37563-37582/2014 are disposed of with a direction to the Special Deputy Commissioner to conclude the remanded proceedings (as per the orders in W.P.Nos.13431-13444/2012 and other connected petitions and W.P.Nos.18893- 18911/2013) in accordance with law and as expeditiously as possible and in any case within four months from 1.6.2015.”
4. On considering the same, we are of the view that there is no ground to interfere in view of the fact that the matter has been remanded to the Special Deputy Commissioner with the observations therein.
5. Under these circumstances, it is for the Special Deputy Commissioner to consider the same and pass appropriate orders in accordance with law. We do not find it expedient to interfere with the order remanding the matter to the Special Deputy Commissioner.
Hence, the appeals are dismissed.
Sd/- Sd/-
JUDGE JUDGE bgn/-