IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.45867 OF 2017 (GM-KSR) BETWEEN:
SRI SHIVA PARVATHI WELFARE ASSOCIATION REGN NO BRB-S/SOR/397/2016-17 SITUATED AT JIGJALA VILLAGE ATTIBELE HOBLI, ANEKAL TQ – 562 107 BENGALURU URBAN DIST REPTD BY ITS AUTHORISED SIGNATORY J. N. SHANMUKHAPPA PRESIDENT.
… PETITIONER (BY MR.NATARAJ G., ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS HOME DEPARTMENT VIKAS SOUDHA BENGALURU – 560 001 REP. BY ITS PRL. SECRETARY 2. THE DEPUTY INSPECTOR GENERAL REGISTRAR(ADMIN & LAW) AND DIRECTOR INSPECTOR GENERAL OF POLICE SPECIAL DIVISION CID AND CRIME CARLTON HOUSE, PALACE ROAD BENGALURU – 560 001 3. TGS CONSTRUCTIONS PVT LTD A COMPANY REGISTERED UNDER COMPANIES ACT L 142, GROUND FLOOR, 5TH AVENUE, 5TH MAIN ROAD, 6TH SECTOR, HSR LAYOUT, BENGALURU - 560102 REPTD BY ITS M. D.
4. SMT SAVITHRAMMA D/O LATE YALLAPPA W/O MUNIRAMAIAH AGED ABOUT 67 YEARS R/AT 625, HRBR LAYOUT 2ND BLOCK, KALYANA NAGARA BENGALURU EAST.
5. JAYAMMA D/O YALLAPPA W/O MUNIYAPPA AGED ABOUT 65 YEARS R/AT VIDHYA NAGARA SARJAPURA VILLAGE AND POST SARJAPURA HOBLI, ANEKAL TQ BENGALURU DIST – 562125.
6. LAKSHMAMMA D/O LATE YALLAPPA W/O MUNIYAPPA AGED ABOUT 58 YEARS R/AT 37, SOMESWARA NAGARA SARJAPURA VILLAGE ANEKAL TQ BENGALURU – 125.
7. PUMALAMMA W/O MUNIYAPPA AGED ABOUT 55 YEARS.
8. NARAYANASWAMY S/O MUNIYAPPA AGED ABOUT 36 YEARS.
9. MAMATHA W/O NARAYANASWAMY AGED ABOUT 26 YEARS.
10. KUM N. SAHANA D/O NARAYANASWAMY AGED ABOUT 5 YEARS, 11. KUM N. POOJA D/O NARAYANASWAMY AGED ABOUT 3 YEARS (R-10 AND 11 ARE MINORS REPTD BY THEIR NATURAL GUARDIAN R-8) 12. GAYATHRI W/O LATE RAVI AGED ABOUT 29 YEARS.
13. MASTER MANOJ S/O LATE RAVI AGED ABOUT 15 YEARS (R-13 BEING MINOR REPTD BY HIS NATURAL GUARDIAN MOTHER R-12) (RESPONDENTS NO 7 TO 13 ARE R/A : 167, JIGALA VILLAGE YADAVANAHALLI POST ATTIBELE HOBLI ANEKAL TQ BENGALURU DIST – 562 107.
14. VENKATASWAMY S/O LATE YALLAPPA AGED ABOUT 59 YEARS.
15. ALUVELAMMA W/O VENKATASWAMY AGED ABOUT 55 YEARS.
16. PRABHAVATHI D/O VENKATASWAMY AGED ABOUT 29 YEARS 17. MANJUNATHA S/O VENKATASWAMY AGED ABOUT 35 YEARS (RESPONDENTS NO 14 TO 17 ARE R/A JIGALA VILLAGE YADAVANAHALLI VILLAGE & POST ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DIST-107 18. VENGATAMMA W/O VENKATASWAMY AGED ABOUT 57 YEARS 19. GOVINDAPPA @ GOVINDA RAJ S/O LATE YALLAPPA AGED ABOUT 55 YEARS 20. BHARATHI R W/O GOVINDAPPA AGED ABOUT 43 YEARS 21. NAYAN S/O GOVINDAPPA AGED ABOUT 25 YEARS 22. MASTER KISHON S/O GOVINDAPPA AGED ABOUT 15 YEARS (R-22 IS MINOR HENCE REPTD BY HIS NATURAL GUARDIAN R-21) 23. VENKATACHALAPATHI S/O LATE YALLAPPA AGED ABOUT 53 YEARS.
24. PADMAVATHI W/O VENKATACHALAPATHI AGED ABOUT 41 YEARS.
25. KUM GAGANA V D/O VENKATACHALAPATHI AGED ABOUT 21 YEARS.
26. MASTER AKASHA S/O VENKATACHALAPATHI AGED ABOUT 10 YEARS (R-26 IS MINOR, HENCE REPTD BY HIS NATURAL GUARDIAN R-24 SMT. PADMAVATHI) (RESPONDENTS NO. 18 TO 26 ARE R/AT 1599, INDLABELE ROAD NEAR SHANKAR SHOP, JAYANNA LAYOUT, ATTIBELE VILLAGE AND HOBLI, ANEKAL TQ BENGALURU – 562107.
… RESPONDENTS (BY MR. V.SHIVAREDDY, AGA FOR R1-R2, R4,R5,R6,R7,R8,R9,R12,R14,R15,R16,R17,R18, R19, R20, R21,R22,R23,R24,R25-SD. (R10,R11,R13,R22 & R26 ARE MINORS)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO PERMIT THE PETITIONER ASSOCIATION TO REGISTER THE PROPERTY MEASURING TO AN EXTENT OF 2 ACRES IN SY.NO.17/1 OUT OF 3 ACRES 8 GUNTAS SITUATED IN JIGALA VILLAGE, ATTIBELE TQ AND HOBLI, ANEKAL TQ, BENGALURU DISTRICT (PROPERTY IN QUESTION) FROM THE RESPONDENTS NO.4 TO 26 BY RELAXING THE ORDER VIDE ANNX-F PASSED BY THE RESPONDENT NO.2 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner seeks for a direction to the respondent No.2 to permit the petitioner association to register the property measuring to an extent of 2 acres in Sy.No.17/1 out of 3 acres 8 guntas situated in Jigala Village, Attibele Taluq and Hobli, Anekal Taluq, Bengaluru District (property in question) from the respondent Nos.4 to 26 by relaxing the order No.RGN/77/17-18 and 05/CRIME/EOD/CID/2017 vide Annexure-E passed by the respondent No.2 in the interest of justice and equity.
2. On perusal of the records, I deem it appropriate to dispose of the writ petition with liberty to the petitioner that in case a representation is made by him to the competent authority with regard to his grievance within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such representation. Ordered accordingly.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-