IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT APPEAL NOs.4563-4601 OF 2015 (LA-KIADB) BETWEEN:
1. SRI SUJAY KUMAR S/O N RAGHURAM REDDY AGED ABOUT 48 YEARS R/AT #868, 10TH CROSS SRINIVASA REDDY LAYOUT ALAHALLI, J.P.NAGAR 9TH PHASE BENGALURU 560062 2. SMT CHANDRAKANTHA W/O M VENKARAMANA SHETTY AGED ABOUT 49 YEARS R/AT #67, LOOFT RING ROAD BSK II STAGE BENGALURU 560070 3. SRI M VENKATARAMANA SWAMY S/O MADAPPA SHETTY AGED ABOUT 56 YEARS R/AT #67, 100 FEET ROAD KADIRENAHALLI PARK MAIN ROAD B S K II STAGE BENGALURU 560070 4. SMT G C ASHALATHA D/O LATE G V CHINNASWAMY NAIDU W/O S JAYARAMA AGED ABOUT 57 YEARS R/AT NO.1504/B, 9TH B MAIN 6TH CROSS, SRINIVASA NAGAR B S K 1ST STAGE BENGALURU 560050 5. SMT VINAYA V BHAT W/O H VISHWANATH BHAT AGED ABOUT 56 YEARS R/AT NO.150-13, 15TH CROSS 5TH MAIN ROAD SRINIDHI LAYOUT KONANAKUNTE BENGALURU 560062 6. SRI NAVEEN H V S/O VEERESH H J AGED ABOUT 29 YEARS R/AT #256, 10TH CROSS SARASWATHI NAGAR VIJAYANAGAR BENGALURU 560040 7. SMT S S GEETHA BALI D/O S A SHIVASHANKAR W/O R SUNIL KUMAR AGED ABOUT 57 YEARS R/AT #404, MAHAVEER KONARK 17TH I CROSS, 15TH MAIN J P NAGAR 5TH PHASE BENGALURU 560078 8. SMT R ANURADHA D/O H B RAMACHANDRA W/O M MADHUSUDHAN AGED ABOUT 33 YEARS R/AT #10/3, 1ST B MAIN VIVEKANANDANAGAR KATTARIGUPPE MAIN ROAD BSK III STAGE BENGALURU 560085 9. SMT SHANTHI SURESH W/O B R SURESH AEGD ABOUT 50 YEARS R/AT #PIONEER PLANET 205 UPADHYA LAYOUT NAGEDEVANAHALLI BENGALURU 560056 10. SRI K C SURESH S/O K V CHANDRASHEKAR IYER AGED ABOUT 49 YEARS R/AT #33/4, VENKATESHWARA SHANKAR MUTT ROAD OPP HOTEL SWAPNA SAGAR K R PURAM, HASSAN 11. SMT RUDRAMMA N K W/O SRI BHIMAPPA RANGASWAMY AGED ABOUT 58 YEARS R/AT NO.744, BHEEMA KRUPA KAMBALI STREET, 1ST BLOCK CHITRADURGA 577 501 12. SMT SHASHIKALA N RAJENDRA W/O N RAJENDRA AGED ABOUT 56 YEARS R/AT 509, 9TH MAIN OPP. TO DR. AMBEDKAR INSTITUTE OF TECHNOLOGY, ITI LAYOUT MALLATHALLI, BENGALURU 560056 13. SRI R SURESH S/O RANGAPPA AGED ABOUT 32 YEARS R/AT HOUSE NO.1/2 1ST FLOOR, THORAHALLI SUBRAMANYAPURA POST UTTARAHALLI BENGALURU 560061 14. SMT D BHARATHI W/O LATE R SRIDHAR AGED ABOUT 39 YEARS R/AT #19, 4TH MAIN 2ND CROSS, NEAR BATA SHOW ROOM BSK III STAGE, SRINIVASANAGAR BENGALURU 560050 15. SMT SANDHYA S W/O NARASIMHA PRASAD M V AGED ABOUT 56 YEARS R/AT #183, RAILWAY MENS COLONY RAMAKRISHNANAGAR NANDINI LAYOUT BENGALURU 560096 16. SMT MANJULA K D/O M KRISHNAPPA W/O SATHYAPRAKASH AGED ABOUT 52 YEARS R/AT NO.1851, 1ST STAGE 5TH BLOCK, H.B.R. LAYOUT BENGALURU 560043 17. MR E SOLOMON RAJ S/O ISSAC, AGED ABOUT 51 YEARS R/AT NO.6, 2ND CROSS RAJIV GANDHI ROAD JARAGANAHALLI J.P.NAGAR POST BENGALURU 560078 18. SMT.YASHODAMMA W/O DEVARAJULU AGED ABOUT 68 YEARS R/AT #342/D, SHARAVATHI MARG M G RAILWAY COLONY MAGADI ROAD BENGALURU 560023 19. SMT D KUMARI W/O V ASHOK AGED ABOUT 40 YEARS R/AT #62, EWS LAYOUT KATHRIGUPPE EAST B.S.K 3RD STAGE BENGALURU 560085 20. SRI T.V.SRINIVAS S/O T VENKATESHMURTHY AGED ABOUT 49 YEARS R/AT NO.478, 4TH CROSS 4TH MAIN, 4TH STAGE BEML LAYOUT, R R NAGAR BENGALURU 560098 21. SMT A PREMA D/O LATE A S PUTTU RAO W/O P NARAHARI AGED ABOUT 60 YEARS R/AT NO.450, 9TH CROSS 9TH MAIN, SUNDAR RAM SHETTY NAGAR BILEKAHALLI, B G ROAD BENGALURU 560076 22. SRI C JAYAPRAKASH S/O M CHARLES AGED ABOUT 63 YEARS R/AT NO.424, 4TH CROSS M.E.I. LAYOUT, HESARAGATTA MAIN ROAD BENGALURU 560 073 23. SMT N GNANAM W/O N NAGARAJAN AGED ABOUT 69 YEARS R/AT NO.20 J.V.SHETTY ROAD R.S.PALYA, M.S.NAGAR BENGALURU-560033 24. SMT P SUMANA NAYAK W/O P V NAYAK AGED ABOUT 68 YEARS R/AT # 178, SUMAN, 13TH CROSS SHREE ANANTHANAGAR ELECTRONIC CITY POST BENGALURU-560100 25. SRI M DAYANANDA REDDY S/O LATE MUNIRATHNAM REDDY AGED ABOUT 49 YEARS R/AT NO.8, 4TH CROSS, 7TH MAIN, PAPAIAH GARDEN, B.S.K. 3RD STAGE BENGALURU-560085 26. SRI K SHAMBAYYA SRI P MAHABALA BHAT AGED ABOUT 49 YEARS R/AT # 184, 5TH MAIN AKASH VIHAR, HAROHALLI YELAHANKA, BENGALURU-560064 27. SRI P M MANAGOLI S/O LATE M B MANAGOLI AGED ABOUT 62 YEARS R/AT #15, 8TH CROSS DENA BANK COLONY BSK 3RD STAGE BENGALURU-560085 28. SMT C MANGALA W/O H R GOPALAKRISHNA AGED ABOUT 53 YEARS R/AT NO. 411/A, 95TH CROSS KUMARASWAMY LAYOUT 1ST STAGE, BENGALURU-560078 29. SRI S BRIJESH S/O K SRINIVAS AGED ABOUT 40 YEARS R/AT # 114, 2ND MAIN ROAD RAMACHANDRAPURAM BENGALURU NORTH SRIRAMAPURAM BENGALURU-560021 30. SMT SAMA RAMAN W/O G RAMAN AGED ABOUT 59 YEARS R/AT # 33/34, 2ND CROSS NEAR SOUTH INDIAN BANK LAKSHMI LAYOUT MUNEKOLALA, MARATHAHALLI BENGALURU-560037 31. SMT.R.NIRMALA W/O R.RADHAKRISHNAN AGED ABOUT 55 YEARS R/AT 890, 11TH MAIN, 17TH CROSS, ISRO LAYOUT BENGALURU-560078 32. SRI GOPALAKRISHNA H R S/O H N RAMASWAMY AGED ABOUT 58 YEARS 33. SMT MANGALA C W/O H R GOPALAKRISHNA AGED ABOUT 54 YEARS Sl.Nos.32 AND 33 ARE RESIDING AT NO.411/A, 95TH CROSS, 1ST STAGE, KUMARASWAMY LAYOUT, BENGALURU – 560 078.
34. SRI M A LAKSHKMI NARAYANA S/O M L ASWATHNARAYANA, AGED ABOUT 45 YEARS, R/AT # 13, 11TH CROSS ROAD, SARAKKI, S B I COLONY, BENGALURU 560078 35. SRI KEMPARAJU S/O KADIAH, AGED ABOUT 44 YEARS, R/AT 213, RAMADEVARA DODDI, KODIHALLI, KANAKAPURA TALUK 36. SMT KALAVATHI W/O MAHESH, AGED ABOUT 41 YEARS, R/AT E-138/2, PATTLE NARAYANAPPA, SWAMY LAYOUT, CHUNCHAGHATTA MAIN RD, BENGALURU 560062 37. SMT LUCY RAJAN D/O LATE C R FRANCIS W/O LATE V D RAJAN, AGED ABOUT 56 YEARS, R/AT # 12, 1ST MAIN, 3RD CROSS, A BLOCK, VINAYAKANAGAR, KONENA AGRAHARA, H.A.L., BENGALURU 560017 38. SMT.NAGAMMA W/O RAVI, AGED ABOUT 46 YEARS, R/A NO.396, 10TH CROSS, K.G.NAGAR, LAKSHMIPURA, BENGALURU 560019 39. SMT.H.S.R.VIJAYAKUMARI W/O B.R.GANGADHAR, AGED ABOUT 54 YEARS, R/A NO.18, SHIVATMAJA NILAYA, ANJANAPPA LAYOUT, 2ND STAGE, BHEL, PATTANAGERE, JAWHARLAL NEHRU ROAD, RAJARAJESHWARINAGAR, BENGALURU 560096. ...APPELLANTS (By Sri PRAKASH T.HEBBAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REP.BY SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU 560001 2. BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD, KUMARA PARK (W) BENGALURU 560020 BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, SANKEY ROAD, KUMARA PARK (W) BENGALURU 560020. ...RESPONDENTS (By SMT.N.ANITHA, HCGP FOR R1;
Sri K.KRISHNA, ADVOCATE FOR R2 & R3) THESE WRIT APPEALS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOs.24378-24416/2015 DATED 29/06/2015.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The only plea of the appellants/writ petitioners is that they intended to withdraw the writ petitions with liberty to file fresh petitions after obtaining certain records.
2. The prayer of the appellants/petitioners was declined by the learned single Judge while relegating them to the Civil Court.
3. In view of the contentions advanced, we are of the view that an opportunity should be granted to the appellants/ writ petitioners to make out their case. Consequently, the order dated 29.06.2015 passed by the learned single Judge in W.P.Nos.24378-24416 of 2015 is set aside.
Writ Petitioners are permitted to withdraw the writ petitions with liberty to file fresh writ petitions.
Sd/- Sd/-
JUDGE JUDGE DH