IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NOS.18716-18792 OF 2012 (BDA) BETWEEN:
1. SMT. TREWENI D/O SRI NANJAIAH, AGED ABOUT 60 YEARS RESIDING AT NO.3, 9TH MAIN, 9TH CROSS J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
2. SRI E. CHANDRAPPA S/O LATE ESHWARAPPA, AGED ABOUT 65 YEARS RESIDING AT NO.19, 9TH MAIN, J. P. NAGAR 2ND PHASE, BENGALURU-560 078.
3. SMT. VEENA WIFE OF LATE CHANDRASHEKAR, AGED ABOUT 48 YEARS RESIDING AT NO.5, 9TH MAIN, 9TH CROSS, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
4. SRI DWRAISWAMY S/O SRI MARKANDAIAH, AGED ABOUT 50 YEARS RESIDING AT NO.6, 9TH MAIN, 9TH CROSS, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
5. SRI P. A. GANGADHARA S/O LATE YERRAPPA, AGED ABOUT 60 YEARS RESIDING AT NO.7, 9TH ‘B’ MAIN, 9TH CROSS, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
6. SRI VISHWANATH S/O LATE MARLULASIDDAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.8, 9TH ‘C’ MAIN, 9TH CROSS, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
7. SMT. NIRMALA D/O SRI NARASHIMAIAH, AGED ABOUT 55 YEARS, RESIDING AT NO.9, 9TH ‘C’ MAIN, 9TH CROSS, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
8. SMT RATHNAMMA W/O SRI BABU, AGED ABOUT 55 YEARS RESIDING AT NO.10, 9TH ‘C’ MAIN, 9TH CROSS, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
9. SMT YSHODHAMMA W/O SRI BHAKTHAVATHSLAM, AGED ABOUT 60 YEARS RESIDING AT NO.11, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
10. SRI G. N. HITTALAMANE S/O LATE N. G. HITTALAMANE, AGED ABOUT 65 YEARS RESIDING AT NO.12, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
11. SMT. K. M. RATHNAMMA W/O LATE MAHESWARAPPA, AGED ABOUT 62 YEARS RESIDING AT NO.13, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
12. SRI UMASHANKAR S/O SRI MAHESHWARAPPA, AGED ABOUT 50 YEARS RESIDING AT NO.14, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
13. SMT. J. H. PARVATHAMMA D/O LATE HUCCHAVEERAIAH, AGED ABOUT 62 YEARS RESIDING AT NO.19, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
14. SMT. N. T. CHANDRASHEKARAIAH S/O SRI THIMMASETTY GOWDA, AGED ABOUT 60 YEARS, RESIDING AT NO.20, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
15. SRI P. RAMACHANDRA RAJU S/O LATE CHANGALARAJU, AGED ABOUT 55 YEARS RESIDING AT NO.21, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
16. SRI LINGARAJU S/O LATE BEEMAREDDYAPPA KARMADI AGED ABOUT 61 YEARS RESIDING AT NO.22, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
17. SRI SURYAKANTH S/O LATE ADAVAIAH, AGED ABOUT 62 YEARS RESIDING AT NO.23, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
18. SMT MEERABAI D/O LATE ERAIAH, AGED ABOUT 62 YEARS RESIDING AT NO.26, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
19. SRI H NANJAIAH S/O LATE NANJUNDAIAH, AGED ABOUT 72 YEARS RESIDING AT NO.24, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
20. SRI CHANDRASHEKARA REDDY S/O LATE ANNAREDDY, AGED ABOUT 60 YEARS RESIDING AT NO.25, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
21. SRI C. M. HOSURAPPA S/O LATE CHOWDIKE MUDDURAMAIAH AGED ABOUT 55 YEARS RESIDING AT NO.27, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
22. LATE S. R. VENKATESH SINCE DEAD BY HIS LRS SMT. LAKSHMAMMA, W/O LATE S. R. VENKATESH AGED ABOUT 65 YEARS RESIDING AT NO.28, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
23. SRI SRINIVAS S/O LATE CHANGAIAH AGED ABOUT 58 YEARS RESIDING AT NO.29, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
24. SRI HUCHHAVEERAPPA S/O LATE KENCHAPPA, AGED ABOUT 80 YEARS RESIDING AT NO.30, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
25. SRI BASAVARAJAPPA S/O LATE C. RANGAPPA, AGED ABOUT 60 YEARS RESIDING AT NO.34, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
26. SMT. RATHNA D/O LATE VENKATASWAMY REDDY AGED ABOUT 60 YEARS RESIDING AT NO.35, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
27. SRI P. A. NARASHIMA MURTHY S/O LATE ANJINAPPA AGED ABOUT 55 YEARS RESIDING AT NO.36, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
28. LATE SHARADHAMMA SINCE DEAD BY HER LRS SRI UMASHANKAR, S/O LATE MAHADEVAPPA AGED ABOUT 50 YEARS RESIDING AT NO.37, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
29. SRI NARASHIMULU S/O LATE MUNISWAMY AGED ABOUT 60 YEARS RESIDING AT NO.38, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
30. SRI C. MUNIKRISHNA S/O LATE CHANGALARAYAPPA AGED ABOUT 55 YEARS RESIDING AT NO.39, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
31. SRI B. CHOWDEGOWDA S/O SRI BASAVEGOWDA AGED ABOUT 50 YEARS RESIDING AT NO.25, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
32. SRI H KUMARASWAMY S/O LATE HUCHAIAH AGED ABOUT 65 YEARS RESIDING AT NO.41, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
33. SMT. VIJAYAMMA AGED ABOUT 50 YEARS W/O SRI SHANKAR RESIDING AT NO.42, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
34. SMT. CHANDRA W/O SRI ADIMURTHY AGED ABOUT 51 YEARS RESIDING AT NO.43, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
35. SMT. SHARADHAMMA AGED ABOUT 65 YEARS W/O LATE MUNIHUCHAIAH RESIDING AT NO.44, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
36. SRI SIDDAGANGAIAH P H S/O LATE HANUMAIAH AGED ABOUT 50 YEARS RESIDING AT NO.45, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
37. SMT. VARALAKSHMI G AGED ABOUT 55 YEARS D/O SRI GOPALARAJU RESIDING AT NO.46, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
38. SMT. KAVERAMMA W/O LATE CHANNEGOWDA AGED ABOUT 65 YEARS RESIDING AT NO.47, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
39. SRI M VENKATESH AGED ABOUT 51 YEARS S/O LATE MUNIVENKATAPPA RESIDING AT NO.48, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
40. SRI NAGARAJU SINCE DEAD BY HIS LRS SMT. AMBIKA W/O LATE NAGARAJU AGED ABOUT 52 YEARS RESIDING AT NO.49, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
41. SMT. SHARADHAMMA R D/O LATE RAMA RAO AGED ABOUT 62 YEARS RESIDING AT NO.50, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
42. SMT. SHANTHAMMA W/O LATE R MURTHY AGED ABOUT 68 YEARS RESIDING AT NO.52, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
43. SMT. RAJANI S D/O SRI SUBRAMANYA AGED ABOUT 55 YEARS RESIDING AT NO.53, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
44. SMT. POOVAMMA C P W/O SRI BHOPAIAH AGED ABOUT 55 YEARS RESIDING AT NO.54, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
45. SRI G.R. RAJANNA S/O LATE GOVINDASWAMY AGED ABOUT 62 YEARS RESIDING AT NO.55, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
46. SMT. G. R. LAKSHMI D/O LATE MARKANDAIAH AGED ABOUT 60 YEARS RESIDING AT NO.56, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
47. SRI DEGAIAH D S/O LATE DEGE GOWDA AGED ABOUT 58 YEARS RESIDING AT NO.57, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
48. SMT. KUSUMA M D/O LATE MAHESHWARAPPA AGED ABOUT 50 YEARS RESIDING AT NO.58, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
49. SMT MUNIYAMMA D/O LATE SUBBAIAH NAIDU AGED ABOUT 70 YEARS SINCE DEAD BY HIS LRS 49(A) SRI G. BABU S/O LATE MUNIYAMMA AGED ABOUT 65 YEARS.
(B) SRI G. SHANKAR S/O LATE MUNIYAMMA AGED ABOUT 63 YEARS.
(C) SMT. KANKAMMA D/O. LATE MUNIYAMMA AGED ABOUT 61 YEARS.
(D) SRI G. RAJANNA S/O LATE MUNIYAMMA AGED ABOUT 58 YEARS.
(E) SMT. SARASWATHI D/O LATE MUNIYAMMA AGED ABOUT 55 YEARS.
ALL ARE RESIDING AT NO.484, 7TH MAIN ROAD, HANUMANTHANAGAR, BENGALURU-560 101.
(PETITIONER NO.49(A) TO 49(E) AMENDED VIDE COURT ORDER DATED 26.11.2014) 50. SMT. PUSHPA K D/O LATE KANNAIAH RAJU AGED ABOUT 50 YEARS RESIDING AT NO.60, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
51. SMT VIJAYALAKSHMI B D/O SRI BABU NAIDU AGED ABOUT 58 YEARS RESIDING AT NO.61, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
52. SRI ESZUR REHMAN S/O LATE F. RAHEMAN AGED ABOUT 60 YEARS RESIDING AT NO.62, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
53. SMT JAHEERA BEGUM D/O LATE SARDAR BEG AGED ABOUT 60 YEARS RESIDING AT NO.63, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
54. SRI B. UJJENAPPA S/O LATE BASAPPA AGED ABOUT 55 YEARS RESIDING AT NO.64, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
55. SRI CHANDRASHEKARA RAJU R S/O LATE RAMARAJU AGED ABOUT 55 YEARS RESIDING AT NO.65, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
56. SMT. SUMA W/O SRI PRABHAKAR AGED ABOUT 55 YEARS RESIDING AT NO.66, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
57. SMT. H. NAGAMMA W/O SRI KRISHNAPPA AGED ABOUT 58 YEARS RESIDING AT NO.67, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
58. SRI S. RUDRAPPA S/O LATE SOTHAGULAIAHNA SIDDAIAH AGED ABOUT 62 YEARS RESIDING AT NO.68, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
59. SRI SRINIVAS R S/O LATE RANGEGOWDA AGED ABOUT 61 YEARS RESIDING AT NO.69, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
60. SRI NEELAKANTACHAR K. N. S/O LATE KALASACHAR AGED ABOUT 58 YEARS RESIDING AT NO.70, 9TH ‘C’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
61. SRI J. S. VISHWANATHAPPA S/O LATE SHANTHAPPA AGED ABOUT 59 YEARS RESIDING AT NO.71, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
62. SRI N. SHIVARAJ S/O SRI N. NARASHIMA AGED ABOUT 58 YEARS RESIDING AT NO.72, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
63. SRI KRISHNAMURTHY S/O LATE RAMAREDDY AGED ABOUT 60 YEARS RESIDING AT NO.73, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
64. SRI M R SHIVASHANKAR S/O LATE RAMA RAO AGED ABOUT 58 YEARS RESIDING AT NO.74, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
65. SRI VIJAYAKUMAR O S/O SRI OMKARAPPA AGED ABOUT 50 YEARS RESIDING AT NO.75, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
66. SRI A. N. CHANGAPPA S/O LATE A. K. NANJAPPA AGED ABOUT 50 YEARS RESIDING AT NO.76, 9TH MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
67. SMT. M. C. RANI W/O SRI M. A. CHANGAPPA AGED ABOUT 51 YEARS RESIDING AT NO.77, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
68. SMT. CHANNAMMA W/O SRI CHELUVARAJU AGED ABOUT 55 YEARS RESIDING AT NO.78, 9TH ‘A’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
69. SMT. GUNAVATHI W/O SRI RAGHUPATHI AGED ABOUT 50 YEARS RESIDING AT NO.79, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
70. SMT. OMKARAMMA SINCE DEAD BY HER LRs SRI PRAKASH S/O LATE MAHADEVAPPA AGED ABOUT 35 YEARS RESIDING AT NO.80, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
71. SMT. NAGARATHNA W/O SRI RAMASWAMY AGED ABOUT 55 YEARS RESIDING AT NO.81, 9TH ‘B’ MAIN, J. P. NAGAR, 2ND PHASE BENGALURU-560 078.
72. SMT. JAYAMMA W/O LATE VENKATARAMANAPPA AGED ABOUT 65 YEARS RESIDING AT NO.83, 11TH CROSS, 9TH ‘B’ MAIN J. P. NAGAR, 2ND PHASE, BENGALURU-560 078.
73. SMT. PARVATHAMMA W/O LATE SIDDARAMAIAH AGED ABOUT 65 YEARS RESIDING AT NO.84, 11TH CROSS, 9TH ‘B’ MAIN J. P. NAGAR, 2ND PHASE, BENGALURU-560 078.
74. SMT. RAJESHWARI SINCE DEAD BY HER LRs SRI SRINIVASA REDDY S/O LATE MUNIRATHNAM REDDY, AGED ABOUT 40 YEARS RESIDING AT NO.85, 11TH CROSS, 9TH ‘A’ MAIN J. P. NAGAR, 2ND PHASE, BENGALURU-560 078.
75. SMT. GANGAMMA D/O LATE AYAPPA AGED ABOUT 75 YEARS RESIDING AT NO.86, 11TH CROSS, 9TH ‘A’ MAIN J. P. NAGAR, 2ND PHASE, BENGALURU-560 078.
76. SRI P. K. NANAIAH SINCE DEAD BY HIS LRs SRI BHARATH S/O LATE P. K. NANAIAH AGED ABOUT 45 YEARS RESIDING AT NO.87, 11TH CROSS, 9TH ‘A’ MAIN J. P. NAGAR, 2ND PHASE, BENGALURU-560 078.
77. SRI ANANDA NAIDU G S/O SRI GANGAIAH NAIDU AGED ABOUT 63 YEARS RESIDING AT NO.88, 11TH CROSS, 9TH ‘C’ MAIN J. P. NAGAR, 2ND PHASE, BENGALURU-560 078.
(BY SRI J. C. KUMAR, ADVOCATE) AND:
1. THE COMMISSIONER ... PETITIONERS BENGALURU DEVELOPMENT AUTHORITY, KUMAR PARK WEST, BENGALURU-560 020.
2. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR BEEDI, BENGALURU-560 001.
3. THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K G ROAD BENGALURU.
4. OFFICE OF THE DEPUTY COMMISSIONER BENGALURU.
5. THE BRUHAT BENGALURU MAHANAGRA PALIKE BBMP CENTRAL OFFICE N. R. ROAD, BENGALURU BY ITS COMMISSIONER.
6. EXECUTIVE ENGINEER NO.2, SUB DIVISION (SOUTH) BENGALURU DEVELOPMENT AUTHORITY BDA COMPLEX, BANASANKARI BENGALURU.
7. ASSISTANT EXECUTIVE ENGINEER NO.2, SUB DIVISION (SOUTH) BENGALURU DEVELOPMENT AUTHORITY BDA COMPLEX, BANASANKARI BENGALURU.
8. LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK BENGALURU.
9. SUPERINTENDENT OF POLICE BDA TASK FORCE BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK BENGALURU.
... RESPONDENTS (BY SRI M. V. CHARATI, ADVOCATE FOR R-1,R-6 TO R-9; SRI B. V. MURALIDHAR, ADVOCATE FOR R-5;
SRI DINESH RAO, AAG-II ALONG WITH SRI VASANTH V. FERNANDES, HCGP FOR R-2 TO R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO ISSUE OF ANNEXURES-AB, AC, AD1, AD2 AND AD3 BY THE RESPONDENT NO.1 AND AS WELL AS THE ANNEXURE-AK, AL, AM AND AN FROM THE RESPONDENT NO.2 AND QUASH ANNEXURES-AB, DATED 25.8.2009 PASSED BY THE RESPONDENT, ANNEXURES-AC DATED 28.9.2010 PASSED BY THE RESPONDENT NO.7, ANNEXURE-AD1 DATED 10.5.2010 ANUBHANDHA-1 PASSED BY THE RESPONDENT NO.1 AUTHORITY, ANNEXURES-AD2 DATED 26.4.2010 ANUBANDHA-1 PASSED BY THE RESPONDENT NO.1 AUTHORITY AND ANNEXURES-AD3 DATED 7.4.2010 ANUBANDHA-1 PASSED BY THE RESPONDENT NO.1 AUTHORITY HOLDING THE SAID ANNEXURES ARE ISSUED BY THE RESPONDENT NO.1 WITHOUT THERE BEING RIGHTS OF THE SAME ILLEGAL, ARBITRARY AND WITHOUT JURISDICTION AND ETC.
***** THESE WRIT PETITIONS COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER The petitioners herein are the respondents 3 to 8 in writ petition No.15101 of 2013. They seek for the following reliefs:-
“i) Issue order in the nature of certiorari or any other writ or order or direction in the similar nature quashing Annexure-AB dated 25.8.2009 bearing No.BDA/EO-I/TA-II/T-
/2009-10 passed by the 1st respondent, Annexure-AC dated 28.9.2010 bearing No.Bem.Aa.Pra./ Sale Deed. Ka.Aa-2(Da)/T- 292/ 2010-11 passed by the 7th respondent, Annexure-AD1 dated 10.5.2010 Anubandha-1 passed by the 1st respondent authority, Annexure-AD2 dated 26.4.2010 Anubandha-1 passed by the 1st respondent authority and Annexure-AD3 dated 7.4.2010 Anubandha-1 passed by the 1st respondent authority holding the said Annexures are issued by the 1st Respondent without there being rights of the same illegal, arbitrary and without jurisdiction.
ii) Issue order in the nature of certiorari or any other writ or order or direction in the similar nature quashing Annexures-AK and AL, dated:11.05.2012 and AM and AN, dated 04.11.2011, which have been preferred pursuant to the orders passed by the 2nd Respondent and which are contrary to the original survey records in respect of the “A” Schedule Property.
iii) Issue writ in the nature of mandamus or any other order or direction in the similar nature clearly directing the Respondents authorities more particularly the 1st Respondent to desist from further proceedings to interfere in the peaceful possession and enjoyment of the Petitioners over the schedule sites.”
Annexure -AB is an order passed by the Bengaluru Development Authority ordering demolition and removal of encroachment in Survey Nos. 90/1, 90/2 and 90/3 of N.S. Palya and Survey No.21/6 and 21/7 of Sarakki Agrahara village in terms of Annexure-AC which is a communication by the Bengaluru Development Authority to the Police, J.P.Nagar Police Station, Bengaluru seeking protection for construction of a compound wall in-between Sy.No.21/6 and 21/7 and 21/8 of Sarakki Agrahara and Sy.No.18 of Marenahalli. The list of land purchasers is produced as Annexures-AD1 to AD3. The case of the petitioners is that they were granted Hakku Patras in Sy.No.18. It is stated that these sites in favour of 79 persons were formed out of Sy.No.18, adjacent to Sarakki Gadi Kharab measuring 1 acre 34 guntas and 1 acre 11 guntas respectively, in all measuring 3 acres 5 guntas. So far as the issue pertaining to the validity of allotments, the ownership of the petitioners and matters akin thereto have already been dealt with in the aforesaid writ petition No.15101 of 2013.
Therefore, there is no necessity of repeating the same herein. Therefore, we are restricting ourselves so far as the prayer to quash Annexure-AB which is an order of demolition issued by the Bengaluru Development Authority, pertaining to certain survey numbers. None of the Survey Numbers are relatable to the lands of the petitioners. As stated by the writ petitioners themselves in para-2 of the writ petitions, the alleged sites granted to them are out of Survey No.18 of Sarakki village. The case of the petitioners is that these sites were allotted to them in terms of Annexure-B. The Hakku Patras issued to them in terms of Annexures C1 to C77 would indicate that they pertain to Survey No.18 of Marenahalli. What is being contended is that in terms of the layout plan, Sy.No.18 of Marenahalli measuring 1 acre 34 guntas also included 1 acre 11 guntas in Sarakki Gadi Kharab. However, we are of the view that this dispute which is sought to be raised by the petitioners cannot form the subject matter of these writ petitions. Prima facie, the Hakku Patras are relatable to Sy.No.18 Marenahalli measuring 1 acre 34 guntas. Be that as it may, Annexure- AB is not relatable to Sy.No.18 of Marenahalli at all. Annexure-AB is relatable to the Survey Numbers mentioned therein of N.S.Palya and certain Survey Numbers of Sarakki Agrahara. They have no nexus with the alleged grant of Hakku Patras in favour of the petitioners. Therefore, the question of setting aside Annexure-AB would not arise for consideration.
2. The next prayer is to quash Annexure-AC. Annexure-AC, which is a communication by the Bengaluru Development Authority to the J.C. Nagar Police Station seeking police protection to put up the compound wall vis-à-vis in Sy.Nos. 21/6, 21/7 and 21/8 of Sarakki Agrahara and Sy.No.18 of Marenahalli. Since it is only an inter-se communication between the Bengaluru Development Authority and the concerned police, we do not find infraction of any legal rights of the petitioners which could be agitated herein. The said letter is seeking police protection. Therefore, the petitioners cannot have any grievance with regard to the same.
3. So far as the prayer to quash Annexure-AD1 to AD3 is concerned, the same are the list of auction purchasers in Sy.No.21/6, 21/7 and 21/8 of Sarakki village. The allotment letters are sought to be quashed by the petitioners herein. However, we find that none of the allottees have been made as respondents. When the petitioners seek to quash the allotments in favour of certain persons, it goes without saying that those persons require to be made as parties. In the absence of making them parties, the question of even considering the prayer to quash the allotments would not survive for consideration. Hence, the said prayer also requires to be rejected.
4. The plea of the petitioners with regard to the identity of the properties is seriously disputed by the counsel for the respondents who consistently plead that the alleged allotments to the petitioners is only in respect of Survey No.18 of Marenahalli and that subsequently the orders have been changed, altered etc., which cannot be accepted. When there is a serious dispute with regard to the allotment itself, we do not find it appropriate that a writ court should go into the question of determining the title of the petitioners or to accept the contentions of the respondents.
5. So far as the other prayer seeking for a writ of certiorari to quash Annexures-AK and AL dated 11-5-2012 and AM & AN dated 4-11-2011, the learned counsel for the petitioners submits that he may be granted leave to challenge the same by filing an appeal under the Karnataka Land Revenue Act. His request is accepted. He is granted liberty to challenge the said Annexures in accordance with law subject to all exceptions including resjudicata and limitation. Consequently, the question of issuing a mandamus or an injunction to restrain the respondents from proceeding further with interfering with the petitioners peaceful possession would not survive for consideration.
For all the aforesaid reasons, the petitions being devoid of merit, are dismissed.
Sd/- Sd/-
JUDGE JUDGE rsk/-