IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 22194 OF 2019 (GM-RES) BETWEEN:
1. SIDDAGANGAMMA AGED ABOUT 47 YEARS W/O K.C. RAJANNA ‘SRI THERUMALLESHWARA KRUPA’ 3RD CROSS, C.B. NAGAR UPPARAHALLI TUMAKURU-572 102.
2. NAGARATHNA AGED ABOUT 65 YEARS W/O SHIVANA H.D R/O 1ST CROSS, DEVANUR ROAD VIJAYANAGAR TUMAKURU-572 101.
3. MUNISIDDAPPA AGED ABOUT 65 YEARS S/O NANJUNDAPPA R/O 4TH CROSS, VIJAYANAGAR TUMAKURU-572 101.
4. M. DHANANJAYA AGED ABOUT 30 YEARS S/O LATE MAHALINGAPPA R/O 5TH CROSS, VIJAYANAGAR TUMAKURU-572 101.
5. KANTHALAKSHMI AGED ABOUT 75 YEARS W/O NARAYAN SHASTRY R/O 1ST CROSS, VIJAYANAGAR TUMAKURU-572 101.
6. C.B. ANNAPOORNAMMA AGED ABOUT 80 YEARS W/O LATE H. NAGARAJ R/O 6TH CROSS, VIJAYANAGAR TUMAKURU-572 101.
7. RUKMINIYAMMA AGED ABOUT 65 YEARS W/O LATE GOPALA IYENGAR R/O 1ST CROSS, VIJAYANAGAR TUMAKURU-572 101.
8. SYED YASIN AGED ABOUT 55 YEARS S/O SYED AMEER JAN R/O 3RD CROSS, VIJAYANAGAR TUMAKURU-572 101.
9. SHIVAKUMARA SWAMY AGED ABOUT 55 YEARS S/O T.K. REVANNA R/O 1ST MAIN, 4TH CROSS VIJAYANAGARA TUMAKURU-572 101.
… PETITIONERS (BY MR.S.V. PRAKASH, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS PORT AND INLAND TRANSPORT M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU*572 101.
3. THE COMMISSIONER TUMAKURU MAHANAGARA PALIKE TUMAKURU-572 101.
4. EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS PORT AND INLAND TRANSPORT KUNIGAL ROAD TUMAKURU-572 101.
5. ASSISTANT EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS PORT AND INLAND TRANSPORT KUNIGAL ROAD TUMAKURU-572 101.
(BY MR. B. BALAKRISHNA, AGA) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE CONTEMPLATED ACTION OF THE RESPONDENT AUTHORITIES TO DEMOLISH THE PORTION OF THE BUILDINGS OF THE PETITIONERS EXISTING ON THE SCEHDULES TO THIS W.P. AND TAKING OVER THE SAME FOR THE PURPOSE OF WIDENING THE WIDTH OF 1ST MAIN, VIJAYANAGARA, RAILWAY PARALLEL ROAD AT TUMAKURU WITHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ON WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW.DIRECT PROHIBITING THE RESPONDENT AUTHORITIES FROM DEMOLISHING THE PORTION OF THE PETITIONERS AND TAKING OVER THE SAME AS DESCRIBED IN THE SCHEDULES TO THE W.P. WIHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.S.V.Prakash, learned counsel for the petitioners.
Sri.B.Balakrishna, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners inter alia have prayed for the following reliefs:
a) Issue a writ or order or direction declaring that the contemplated action of the respondent-Authorities to demolish the portion of the buildings of the petitioners existing on the schedules to this writ petition and taking over the same for the purpose of widening the width of 1st Main, Vijayanagara, Railway Parallel Road at Tumakuru without following the procedures established by law as one without jurisdiction and without authority of law;
b) Issue a writ or order or direction prohibiting the respondent-authorities from demolishing the portion of the petitioners and taking over the same as described in the schedules to the writ petition without following the procedures established by law.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the petitioners cannot be denied right to hold the property as the same is a fundamental right conferred under Article 300A of the Constitution of India.
5. The aforesaid legal position is not disputed by the learned Additional Government Advocate.
6. Petition is disposed of with a direction that any action for classification of the property of the petitioners shall be taken strictly in accordance with law as the right to hold the property is a right guaranteed under Section 300A of the Constitution of India.
With the aforesaid directions, the Petition is disposed of.
Sd/- JUDGE bnv