IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF MAY 2019 PRESENT THE HON’BLE MR. JUSTICE B. VEERAPPA AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT APPEAL NO.1288 OF 2019 (LR) BETWEEN:
Kamakshamma, Since dead represented by LRs 1. Smt.Leela D/o. late Kamakshamma, Aged 59 years, 2. Sri.Somu S/o. late Kamakshamma, Aged 56 years, 3. Sri.Chandrashekar S/o. late Kamakshamma, Aged 59 years, 4. Sri.Gopala S/o. late Kamakshamma, Aged 49 years, 5. Smt.Chandramma D/o. late Kamakshamma, Aged 46 years, 6. Sri.Shankara S/o. late Kamakshamma, Aged 43 years, 7. Sri.Naveen S/o. late Kamakshamma, Aged 41 years, All are R/at Thalagattapura, Kanakapura Road, Bengaluru South Taluk, Bengaluru.
…Appellants (By Sri. G.D.Aswathanarayana, Advocate) AND:
1. State of Karnataka Represented by its Revenue Secretary, Urban Development, Vidhana Soudha, Dr.Ambedkar Road, Bengaluru – 560 001 2. The Commissioner Bengaluru Development Authority, Sankey Road, Bengaluru – 560 001 3. The Land Tribunal Bengaluru South Taluk, Represented by its Chairman, Bengaluru – 560 002 4. M.Nanjundappa S/o. Muniswamappa, R/at Thalagattapura Village, Uttarahalli Hobli, Bengaluru South Taluk, Since dead by LRs.
4(a) Smt.Susheelamma W/o. late Nanjundappa, Aged 74 years, R/at Thalagattapura Village, Kanakapura Road, Bengaluru South Taluk, Bengaluru – 560 062 4(b) Nalina.N D/o. late Nanjundappa, Aged about 52 years, R/at Jakkasandra Village, Koramangala 1st Block, Bengaluru – 560 036 4(c) Manjula.N D/o. late Nanjundappa, Aged about 50 years, R/at No.15, Kattriguppe 80 Feet Road, Banashankari 3rd Stage, Bengaluru – 560 082 4(d) Sudha.N D/o. late Nanjundappa, Aged about 49 years, R/at Magabagilu, Devanahalli Town, Bengaluru North Taluk-560 081 4(e) Varalakshmi.R W/o. Nagaraju, Aged about 47 years, R/at Thalagattapura Village, Kanakapura Road, Bengaluru – 560 062 4(f) Ramesh S/o.Nanjundappa, Aged about 44 years, Thalagattapura Village, Kanakapura Road, Bengaluru – 560 062 4(f-a) Smt.Lavanya W/o. late Ramesh, Aged about 36 years, 4(f-b) Ms.Pooja D/o. late Ramesh, Minor, aged about 15 years, Rep. by her natural guardian (4(f-a) Both are residing at Thalagattapura, Kanakapura Road, Bengaluru South Taluk, Bengaluru- 560 062 4(g) Geetha D/o.Nanjundappa, Aged about 42 years, R/at M.Hosahalli, Boodigere Post, Hosakote Taluk, Bengaluru District – 57181 4(h) Champaka.N D/o. Nanjundappa, Aged about 38 years, R/at Kittaganur Village, Madahalli Post, Hosakote Taluk, Bengaluru District 57181 5. T.S.Vasantha kumari W/o. Kempanna Chetty, Aged about 51 years, 6. T.S.Rajalakshmi W/o. Srinivas Murthy, Aged about 49 years, 7. T.S.Banumathi W/o.Dwarakanath, Aged about 42 years, 8. T.S.Padmavathi W/o.Badrinath, Aged about 40 years, 9. T.S.Thara W/o.Ajith, Aged about 38 years, Respondent Nos.5 to 9 All are daughters of Late. T.V.Sathyanarayana Rao, May be served at No.425, Kaveri Nagar, R.T.Nagar Post, Bengaluru – 560 032 ...Respondents (By Sri.S.V.Giri Kumar, AGA for R1 to 3; Sri.T.P.Vivekananda, Advocate for R5 to 9) This appeal is filed u/s 4 of the Karnataka High Court Act praying to set aside the order dated 16.04.2019 passed in the writ petition No.12925/2005 and etc., This appeal coming on for orders this day, B. VEERAPPA J, delivered the following:
JUDGMENT This appeal is filed by the appellants against the interim order dated 16.04.2019, passed by the learned single Judge in W.P.No.12925/2005, wherein the learned single Judge directed the Assistant Commissioner of Police, Bengaluru South Taluk, to arrest respondent Nos. 4(a) to 4(e), 4(f-a), 4(f-b), 4(g), 4(h) and 5(a) to 5(g) therein and keep them in judicial custody till such time they repay the amount as per the order passed by co-ordinate Bench of this Court on 29.09.2015. This Court had directed the present petitioners that they are duty bound to re-deposit the amount which they have received in LAC No.346/2004, forthwith.
2. When the matter came up before this Court on 30.04.2019, a submission was made by the learned counsel for the appellant Nos. 1 to 7 that they will deposit a sum of Rs.5,00,000/- in LAC No.346/2004 and shall file affidavit or undertaking before this Court furnishing immovable property as security, for payment of balance amount.
3. Today, appellant No.3 has filed an affidavit dated 03.05.2019 before this Court. At paras 4 and 5 of the affidavit it is stated as under :
“4. I state that, I have deposited the balance amount of Rs.17,27,942/- in full compliance with order dated 29.09.2015 passed by this Hon’ble High Court in WP 12925/2005 which I and other appellants have received in LAC 346/2004. I have drawn a Demand Draft favouring the Registrar, City Civil Court, Bengaluru, bearing D.D.No.293978 drawn on State Bank of India for Rs.22,27,942/- dated 02.05.2019 and deposited the amount to the City Civil Court, Bangalore. The total amount which I have deposited on 02.05.2019 is Rs.22,27,942/-. The copy of the memo which is acknowledged by Tappal section of the City Civil Court, Bengaluru and Demand Draft is produced and marked as Annexure `A’ and ‘B’.
5. I submit that I have fully complied with the order dated 29.09.2015 passed by this Hon’ble Court in WP 12925/2005 by redepositing Rs.22,27,942/- in the interest of justice and equity.”
4. A copy of the Banker’s cheque for a sum of Rs.22,27,942/- (Twenty two lakhs twenty seven thousand nine hundred and forty two only) dated 02.05.2019 is also produced.
5. The same is placed on record.
6. In view of the above, it is clear that the appellants have complied the order passed by this Court on 16.04.2019.
7. In view of the above, the writ appeal is disposed of. It is needless to observe, it is for the trial Court where the amount is deposited in LAC 346/2004, to take necessary steps to deposit the said amount in any nationalized Bank for a period of one year.
8. In view of disposal of the writ appeal, both the parties are at liberty to pursue the learned single Judge to dispose of the writ petition expeditiously.
9. In view of the above, the Assistant Commissioner of Police, Bengaluru South Taluk, is hereby directed to release the remaining appellants i.e. appellant Nos.1,4,5,6 and 7 who are not already released, and the same shall be intimated to the jurisdictional Superintendent of Police (Prisons), Parappana Agrahara.
10. The Registry is directed to send a copy of this order, both to the Assistant Commissioner of Police, Bengaluru South Taluk and the Superintendent of Police (Prisons), Parappana Agrahara, forthwith.
SD/- JUDGE Mgn SD/-
JUDGE