Karnataka High Court
C. Murugan S/O Channappayanna vs State Of Karnataka on 4 July, 2017
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4TH DAY OF JULY 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
WRIT PETITION NO.106602/2017 (LB-UC)
C/W
WRIT PETITION NOS.106418-106426/2017 (LR-UC)
WRIT PETITION NOS.106501-106510/2017 (LR-UC)
WRIT PETITION NO.106645/2017(LR-UC),
& WRIT PETITION NOS.106672-106714/2017,
WRIT PETITION NOS.106603-106604/2017 (LR-UC),
WRIT PETITION NOS.106605-106606/2017 (LR-UC)
IN WP NO.106602/2017
BETWEEN:
C. MURUGAN S/O CHANNAPPAYANNA
AGE: 48 YEARS, OCC: BUSINESS
R/O KADDI RAMPUR, TQ: HOSAPETE,
DIST: BALLARI
... PETITIONER
(BY SRI RAVIVARMA KUMAR SENIOR COUNSEL FOR
SRI V. M. SHEELVANT, ADVOCATE.)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANASOUDHA, BENGALURU,
2
2. THE DEPUTY COMMISSIONER,
BALLARI, DIST: BALLARI.
3. THE TAHASILDAR,
TQ: HOSAPETE.
4. HAMPI WORLD HERITAGE,
AREA MANAGEMENT AUTHORITY,
HAMPI, TQ. HOSAPETE,
DIST. BALLARI,
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SMT K. VIDYAVATI AGA FOR R1-R3)
(SRI VEERESH BUDIHAL, ADV. FOR R4 )
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE NOTICE DATED19.06.2017 ISSUED BY
THE 4TH RESPONDENT PRODUCED AT ANNEXURE-"M".
IN WP NOS.106418-106426/2017
BETWEEN:
1. SMT. MAHADEVAMMA W/O SUGURAPPA,
AGED ABOUT 64 YEARS,
R/O: NO.160-A, JEWELLARY SHOP,
WARD NO.II, HAMPI VILLAGE,
TALUK: HOSAPETE,
DIST: BALLARI-583239.
2. MR.GANGADHAR S/O SUGURAPPA
AGED ABOUT 46 YEARS,
R/O: NO.160-B,
RAJAS ROOF RESTAURANT,
WARD NO.II, HAMPI VILLAGE,
TALUK: HOSAPETE, DIST: BALLARI-583239.
3
3. MR.SURESH S/O SUGURAPPA
AGED ABOUT 49 YEARS,
R/O: NO.159-A,
BHUVANESHWARI GUEST HOUSE,
WARD NO.II, HAMPI VILLAGE,
TALUK: HOSAPETE,
DIST: BALLARI-583239.
4. MR.M.VIAJYAKUMAR S/O SUGURAPPA
AGED ABOUT 42 YEARS, R/O: NO.355,
WARD NO.II, HAMPI VILLAGE,
TALUK: HOSAPETE, DIST: BALLARI-583239.
5. MR.V.MRUTYUNJAYA S/O LATE V. PAMPAPATHI,
AGED ABOUT 53 YEARS,
R/O BHUVANESHWARI FLOOR MILL,
NO.321/A, JANATA PLOT,
WARD NO.II, HAMPI VILLAGE,
TALUK: HOSAPETE, DIST: BALLARI-583239.
6. SMT.MEENAKSHI W/O V. MRUTYUNJAYA,
AGED ABOUT 47 YEARS,
R/O: MEENAKSHI CLOTH STORE,
NO.321/B, JANATA PLOT,
WARD NO.II, HAMPI VILLAGE,
TALUK: HOSAPETE, DIST: BALLARI-583239.
7. MR.V. SHASHIKALA W/O V. NEELAKANTA,
AGED ABOUT 50 YEARS,
R/O: NO.704, WARD NO.II,
HAMPI VILLAGE, TALUK: HOSAPETE,
DIST: BALLARI-583239.
8. MR.V.MAHESHKUMAR S/O V. NEELAKANTA,
AGED ABOUT 32 YEARS,
R/O: GOLDEN GARDEN HOMESTAY
DOOR NO.705, WARD NO.II,
HAMPI VILLAGE, TALUK: HOSAPETE,
DIST: BALLARI-583239.
4
9. MRS.V.PAMPAPATH S/O V. NEELAKANTA,
AGED ABOUT 27 YEARS,
R/O: DOOR NO.706, WARD NO.II,
HAMPI VILLAGE, TALUK: HOSAPETE,
DIST: BALLARI-583239.
... PETITIONERS
(BY SRI RAVIKUMAR SENIOR COUNSEL FOR
SRI MAHESH WOODEYAR ADVOCATE.)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHAN SOUDHA BUILDING,
BENGALURU-560001.
2. HAMPI WORLD HERITAGE AREA,
MANAGEMENT AUTHORITY,
HOSAPETE, DIST: BALLARI-583239,
REPRESENTED BY ITS COMMISSIONER.
... RESPONDENTS
(BY SMT.K.VIDYAVATI AGA FOR R1)
(SRI VEERESH BUDIHAL ADV. FOR R2)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDERS DATED 19.06.2017
PASSED BY THE RESPONDENT NO.2 IN NO.HA VI PA
PRA NIPRAA/HO/29843/2009 (GM-PIL)2016-17/310
I.E., ANNEXURES-H1 TO H6 AND ALSO THE ORDER
DATED 19.06.2017 PASSED BY THE RESPONDENT NO.2
IN NO.HA VI PA PRA NI PRAA/HO/29843/2009 (GM-PIL)
2016-17/308 I.E. ANNEXURE-H7..
5
IN WP NOS.106501-106510/2017
BETWEEN:
1. E. SRINIVAS SHETTY S/O VENKANNA SHETTY,
AGED ABOUT 61 YEARS, OCC: BUSINESS,
R/O: DOOR NO.294, JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
2. M.NARMADA BAI W/O M. PRATAP SINGH,
AGED ABOUT 54 YEARS,
OCC: BUSINESS, R/O: DOOR NO.308-A,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
3. AGASARA MARISWAMY S/O YENKAPPA,
AGED ABOUT 55 YEARS, OCC: BUSINESS,
R/O: DOOR NO.313, JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
4. G.RAVI KUMAR S/O BHEEMAGOWDA,
AGED ABOUT 30 YEARS,
OCC: BUSINESS, R/O: DOOR NO.320-A,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARI DISTRICT.
5. ANUSUYAMMA W/O THAYAPPA,
AGED ABOUT 55 YEARS,
OCC: BUSINESS, R/O: DOOR NO.275,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
6. R.APPAIAH S/O RUDRAPPA,
AGED ABOUT 51 YEARS,
OCC: BUSINESS, R/O: DOOR NO.316,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
7. DASAPPA S/O DASAPPA,
AGED ABOUT 65 YEARS,
OCC: BUSINESS, R/O: DOOR NO.259,
6
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
8. SHANTHAMMA JAIN W/O MARTIN FRANCIS,
AGED ABOUT 54 YEARS,
OCC: BUSINESS, R/O: DOOR NO.273,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
9. H.ERAPPA S/O M. SHANKARAPPA
AGED ABOUT 31 YEARS,
OCC: BUSINESS, R/O: DOOR NO.303-A,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
10. R.BASAVARAJA GOWDA,
S/O BASAVANA GOWDA,
AGED ABOUT 62 YEARS,
OCC: BUSINESS,R/O: DOOR NO.330,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
... PETITIONERS
(BY SRI RAVIVARMA KUMAR SENIOR COUNSEL FOR
SR. GANGADHAR J. M. ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. ARCHAEOLOGICAL SURVERY OF INDIA,
5TH FLOOR, F WING,
KENDRIYA SADANA,
KORAMANGALA, BENGALURU-560034.
3. THE COMMISSIONER,
THE HAMPI WORLD HERITAGE,
7
AREA MANAGEMENT AUTHORITY,
(HWHAMA) HOSAPETE,
BALLARI DISTRICT.
4. THE DEPUTY COMMISSIONER,
BALLARI DISTRICT, BALLARI.
5. THE GRAM PANCHAYAT, HAMPI,
HAMPI, HOSAPETE,
BALLARI DISTRICT.
... RESPONDENTS
(BY SMT. K. VIDYAVATI AGA FOR R1 & R4)
(BY SRI VEERESH BUDHIHAL ADV. FOR R3.)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED
NOTICES/ORDERS BEARING NO.HA.VI.PA.PRA.NI.
PRA.HO/29843/2009 (GM-PIL)/2016-17/309 DATED
19.06.2017 (ANNEXURE-A TO A9) ISSUED BY THE 3RD
RESPONDENT AND DIRECT THE RESPONDENTS TO
NOT TO INTERFERE WITH PEACEFULL POSSESSION OF
THE PROPERTIES OF THE PETITIONERS.
IN WP NO.106645/2017 & & W.P.NOS.106672-
106714/2017
BETWEEN
1. MUNDURGI DURGAPPA S/O KENCHAPPA
AGED ABOUT 75 YEARS,
OCC: BUSINESS, R/O: DOOR NO.331,
JANATA PLOT, HAMPI,
8
HOSAPETE TALUK, BALLARY DISTRICT.
2. V. HULIGAMMA W/O LATE ERANNA
AGED ABOUT 75 YEARS,
OCC: BUSINESS, R/O: DOOR NO.291,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
3. A NEELAMMA W/O LATE SHIVAPUTRAPPA
AGED ABOUT 50 YEARS,
OCC: BUSINESS, R/O: DOOR NO.276,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
4. KURBARA ERAMMA W/O LATE KURBARA
GANPATHI
AGED ABOUT 65 YEARS,
OCC: BUSINESS, R/O: DOOR NO.257-A,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
5. BARKER GANGAMMA W/O LATE VEERBHADRAPPA
AGED ABOUT 63 YEARS,
OCC: BUSINESS, R/O: DOOR NO.312,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
6. B.THIMAPPA S/O THIMAPPA
AGED ABOUT 58 YEARS,
OCC: LABOUR, R/O: DOOR NO.310,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
7. YENKUBAI W/O TULUJA RAM SINGH
AGED ABOUT 65 YEARS,
OCC: BUSINESS, R/O: DOOR NO.665,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
8. BUNERSHWARI D/O LATE VEERAIAHYA
AGED ABOUT 38 YEARS,
9
OCC: BUSINESS, R/O: DOOR NO.514,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
9. P.GONI BASAPPA M/O P. PRAVATHAMMA
AGED ABOUT 58 YEARS,
OCC: BUSINESS, R/O: DOOR NO.305-D,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
10. R.VANISHREE W/O BIDHUR SINGH
AGED ABOUT 33 YEARS,
OCC: BUSINESS, R/O: DOOR NO.270,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
11. V.VIRUPAKSHA S/O LATE V. THIMAPPA
AGED ABOUT 31 YEARS,
OCC: BUSINESS, R/O: DOOR NO.284,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
12. M.GEETABAI W/O MANGALAL
AGED ABOUT 75 YEARS,
OCC: BUSINESS, R/O: DOOR NO.288,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
13. M.LEELAWATI W/O LATE MUNISWAMY
AGED ABOUT 60 YEARS,
OCC: BUSINESS, R/O: DOOR NO.248,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
14. V.YENKAMMA D/O LATE V. LINGAPPA
AGED ABOUT 30 YEARS, OCC: BUSINESS,
R/O: DOOR NO.319, JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
15. R.V. SUJATHA W/O R.V. NAGARAJU
AGED ABOUT 50 YEARS,
10
OCC: BUSINESS, R/O: DOOR NO.260/A,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
16. M.RAMAAJUNALLU S/O M. VENKATESHLU
AGED ABOUT 55 YEARS,
OCC: BUSINESS, R/O: DOOR NO.272,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
17. E.RAVENDRANATH S/O E. SRINIVAS SHETTY
AGED ABOUT 31 YEARS,
OCC: BUSINESS, R/O: DOOR NO.295,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
18. K.NAGENDRA S/O K.S. KRISHNA BHAT
AGED ABOUT 40 YEARS, OCC: TOURIST GUIDE,
R/O: DOOR NO.251, JANATA PLOT, HAMPI,
HOSAPETE TALUK,
BALLARY DISTRICT.
19. R.V. RAMANIDAS S/O T.N. RAJAGOPAL DAS
AGED ABOUT 76 YEARS,
OCC: BUSINESS, R/O: DOOR NO.213,
BEHIND SCHOOL, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
20. B.RAGHAVENDRA
S/O LATE B. MAHALINGAPPA
AGED ABOUT 32 YEARS, OCC: BUSINESS,
R/O: DOOR NO.157/C, JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
21. GADILINGA S/O LATE GANGADHAR
AGED ABOUT 21 YEARS,
OCC: BUSINESS, R/O: DOOR NO.157/B2,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
11
22. B.RAJESHWARI D/O LATE GANGADHAR
AGED ABOUT 22 YEARS,
OCC: BUSINESS, R/O: DOOR NO.157/B3,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
23. HAMPAMMA W/O LATE B. GANGADHAR
AGED ABOUT 43 YEARS,
OCC: BUSINESS, R/O: DOOR NO.157/C,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
24. R.V. SHANKAR RAJU
S/O LATE R.V. SUBBA RAJU
AGED ABOUT 48 YEARS,
OCC: BUSINESS, R/O: DOOR NO.318/B,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
25. R.V. SUGUNAMMA W/O R.V. SHANKAR RAJU
AGED ABOUT 35 YEARS,
OCC: BUSINESS, R/O: DOOR NO.318/A,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARIY DISTRICT.
26. M.SANDEEP SINGH
S/O LATE M. SHANKER SINGH
AGED ABOUT 31 YEARS,
OCC: BUSINESS, R/O: DOOR NO.335 & 234/2B,
JANATA PLOT, HAMPI,3
HOSAPETE TALUK,
BALLARY DISTRICT.
27. YASHODABAI W/O LATE SHANKAR SINGH
AGED ABOUT 59 YEARS,
OCC: BUSINESS, R/O: DOOR NO.335/A,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
28. M.SANDESH SINGH W/O LATE M. SHANKAR
SINGH, AGED ABOUT 26 YEARS,
12
OCC: BUSINESS, R/O: DOOR NO.234/C2,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
29. JEEVANLAL SINGH S/O LATE M. NARSINGH
BHANSINGH,AGED ABOUT 54 YEARS, OCC:
BUSINESS, R/O: DOOR NO.217/A, BEHIND GRAM
KPANCHAYAT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
30. VIJAYKUMAR SINGH S/O RAMASINGH
AGED ABOUT 37 YEARS,
OCC: BUSINESS, R/O: DOOR NO.234/A,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
31. VADDRA GALEMMA W/O LATE VADDRA
SANNAPPA, AGED ABOUT 57 YEARS,
OCC: BUSINESS, R/O: DOOR NO.287,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
32. M.MADHUSUDAN S/O M. RAMCHARYA
AGED ABOUT 45 YEARS,
OCC: BUSINESS, R/O: DOOR NO.297,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
33. Y.DEVENDRAPPA S/O LATE PAMPANNA
AGED ABOUT 63 YEARS,
OCC: BUSINESS, R/O: DOOR NO.269,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
34. JATINAMMA W/O LATE RAJASAB
AGED ABOUT 63 YEARS,
OCC: BUSINESS, R/O: DOOR NO.336,
NIGALINGAMMA TEMPLE AREA, HAMPI,
HOSAPETE TALUK, BALLARI DISTRICT.
35. NAGARATHANAMMA W/O LATE S. B.
13
KRISHNA MURTHY AGED ABOUT 78 YEARS,
OCC: BUSINESS, R/O: DOOR NO.254,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
36. GUTTAL VIRUPAKSHI S/O LATE SHANMUKAPPA,
AGED ABOUT 32 YEARS,
OCC: BUSINESS, R/O: DOOR NO.271,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
37. M.RADHA KRISHNA SINGH
S/O M. HEERALAL SINGH,
AGED ABOUT 65 YEARS,
OCC: BUSINESS, R/O: DOOR NO.235,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
38. M.KUMARI BAI W/O M. SHIVARAM SINGH
AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O:
DOOR NO.235/A/1, JANATA PLOT, HAMPI,
HOSAPETE TALUK,
BALLARY DISTRICT.
39. M.SASHIKALA
W/O LATE M. SHARANAND SINGH
AGED ABOUT 45 YEARS,
OCC: BUSINESS, R/O: DOOR NO.235/A,
JANATA PLOT, HAMPI, HOSAPETE TALUK,
BALLARY DISTRICT.
40. B.PADAMAVATHI W/O B. SOMESHWARA
AGED ABOUT 45 YEARS, OCC: BUSINESS, R/O:
DOOR NO.216,
BEHIND GRAM PANCHAYAT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
41. MALAMMA W/O BARIKARA SUNKLAIA
AGED ABOUT 69 YEARS,
OCC: BUSINESS, R/O: DOOR NO.158,
JANATA PLOT, HAMPI,
14
HOSAPETE TALUK, BALLARY DISTRICT.
42. REKHA R.V.
W/O LATE R.V. RAGHUVEER RAJU
AGED ABOUT 38 YEARS,
OCC: BUSINESS, R/O: DOOR NO.169/A,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
43. A.KRISHNAM RAJU S/O LATE ANANT RAJU
AGED ABOUT 48 YEARS,
OCC: BUSINESS, R/O: DOOR NO.311,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
44. S.PUSHPAWATI W/O R. SHANMUGAM
AGED ABOUT 55 YEARS,
OCC: BUSINESS, R/O: DOOR NO.285,
JANATA PLOT, HAMPI,
HOSAPETE TALUK, BALLARY DISTRICT.
... PETITIONERS
(BY SRI RAVIVARMA KUMAR SENIOR COUNSEL FOR
GANGADHAR J. M. ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA,
DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560001.
2. ARCHAELOGICAL SURVERY OF INDIA
5TH FLOOR, F WING, KENDRIYA SADANA,
KORAMANGALA, BENGALURU-560034.
3. THE COMMISSIONER,
THE HAMPI WORLD HERITAGE
AREA MANAGEMENT AUTHORITY
15
(HWHAMA) HOSAPETE, BALLARI DISTRICT.
4. THE DEPUTY COMMISSIONER,
BALLARI DISTRICT, BALLARI.
5. THE GRAM PANCHAYAT HAMPI,
HAMPI, HOSAPETE, BALLARI DISTRICT.
... RESPONDENTS
(SMT K.VIDYAVATI AGA FOR R1 & R4)
(SRI VEERESH R.BUDHIHAL ADV. FOR R3)
THESE WRIT PETITONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED NOTICES/ORDERS
BEARING NO.HA.VI.PA.PRA.NI.PRA.HO/29843/2009
(GM-PIL)/ 2016-17/309 DATED 19.06.2017 (ANNEXURE-
A TO A9) ISSUED BY THE 3RD RESPONDENT AND
DIRECT THE RESPONDENTS TO NOT TO INTERFERE
WITH PEACEFULL POSSESSION OF THE PROPERTIES
OF THE PETITIONERS. (ANNEXURES-A TO A6, A8 TO
A16, A30 TO A35 AND ANNEXURE-A43) AND NOTICES
ORDERS NO.HA.VI.PA.PRA.NI.PRA.HO/29843/2009 (GM-
PIL)/ 2016-17/310 DATED 19.06.2017 DATED
19.06.2017 (ANNEXURE-A7 A19 TO A27, A29, A-36 TO A-
38, A-40 TO A42) ANDNOTICES/ORDERS
NO.HA.VI.PA.PRA. NI.PRA.HO/29843/2009 (GM-PIL)/
2016-17/311 DATED 19.06.2017 ANNEXURES-A-18, A-
28, A39 DATED 19.06.2017 AND NOTICES ORDERS
NO.HA.VI.PA.PRA. NI.PRA.HO/29843/2009 (GM-PIL)/
2016-17/322(A) DATED 19.06.2017 DATED 19.06.2017
(ANNEXURE-A-17) ISSUED BY 3RD RESPONDENT IN SO
FOR AS PETITIONERS ARE CONCERNED AND DIRECT
THE RESPONDENTS TO NOT TO INTERFERE WITH
PEACEFUL POSSESSION OF THE PROPERTIES OF THE
PETITIONERS ETC.
16
IN WRIT PETITION NOS.106603-106604/2017
BETWEEN:
1. BELUR MALLAPPA S/O. YANAKAPPA,
AGE:62 YEARS, OCC: AGRI,
2. P V BHAKTAVATSALA S/O. P V VARADACHAR,
AGE 50 YEARS, OCC: PRIEST,
SRI CHANNAKESHAVA TEMPLE
BOTH ARE R/O ANEGUNDI VILLAGE
TQ:GANGAVATHI, DIST:KOPPAL.
... PETITIONERS
(BY SRI CHETAN T.LIMBIKAI, ADVOCATE)
AND:
1. THE CHIEF SECRETARY
THE DEPARTMENT OF LAND AND REVENUE
GOVERNMENT OF KARNATAKA,
VIDHANSOUDHA, BANGALORE
2. THE DEPUTY COMMISSIONER
KOPPAL,
3. THE ASSISTANT COMMISSIONER
KOPPAL,
4. THE COMMISSIONER, HAMPI WORLD
HERITAGE TERRITORY MANAGEMENT AUTHORITY,
HOSAPETE, DIST:BELLARY
5. THE THASILDAR GANGAVATHI
DIST:KOPPAL
... RESPONDENTS
(BY SMT. K.VIDYAVATI AGA FOR R1 TO R3 & R5).
(BY SRI VEERESH BUDHIHAL ADV. FOR R4)
17
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTIONS OF INDIA
PRAYING TO: QUASH THE ANNEXURE-N AND P DATED
22.06.2017 ISSUED BY THE RESPONDENT NO.4,
DIRECT THE RESPONDENTS FROM DEMOLISHING THE
HOUSES OF THE PETITIONERS BEARING NOS.986 AND
987 MEASURING 42 FEET X 35 FEET SITATED AT
ANEGUNDI VILLAGE IN GANAGAVATHI TALUK OF
PETITIONER NO. 1 BEARING NO.4/50(OLD)1178 (NEW)
MEASURING E-W:38 FEET N-S:80 FEET AND AN OPEN
PLOT E-W:32 FEET N-S:43 FEET SITUATED AT
ANEGUNDI VILLAGE IN GANGAVATHI TALUK OF
PETITIONER NO.2 AND ETC.
IN WRIT PETITION NOS.106605-106606/2017
BETWEEN:
1. SMT. LALITHA RANI,
W/O SRIRANGADEVARAYALU,
AGE:68 YEARS,OCC:AGRI,
R/O ANEGUNDI VILLAGE,
TQ:GANGAVATHI, DIST:KOPPAL.
2. SMT. MOHINI DEVI
W/O NARASIMHADEVARAYALU,
AGE 64 YEARS, OCC: AGRI.,
R/O ANEGUNDI VILLAGE,
TQ: GANGAVATHI, DIST: KOPPAL.
... PETITIONERS
(BY SRI CHETAN T. LIMBIKAI, ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
THE DEPARTMENT OF LAND AND REVENUE,
GOVERNMENT OF KARNTAKA,
18
VIDHANASOUDHA, BANGALURU.
2. THE DEPUTY COMMISSIONER,
KOPPAL.
3. THE ASSISTANT COMMISSIONER,
KOPPAL.
4. THE COMMISSIONER,
HAMPI WORLD HERRITAGE TERRITORY,
MANAGEMENT AUTHORITY,
HOSAPETE, DIST: BELLARY.
5. THE THASILDAR,
GANGAVATHI, DIST: KOPPAL.
... RESPONDENTS
(BY SMT. VIDYAVATI AGA FOR R1, 2, 3 & 5.
(BY SRI VEERESH BUDHIHAL ADV. FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ANNEXURE-F BEARING
NO.HA.VI.PA.PRA.NI/PRA/HO/29843/ 2009 (GM-PIL)
2016-17/405 DATED 22.06.2017 ISSUED BY THE
RESPONDENT NO.4 AND DIRECT THE RESPONDENTS
NOT TO DEMOLISH THE HUTS OF THE PETITIONERS
SITUATED IN SY.NO.3/2 NON AGRICULTURE LAND
SITUATED AT ANEGUNDI VILLAGE IN GANAGAVATHI
TALUK.
THESE WRIT PETITIONS ARE COMING ON FOR
ORDERS AND PRELIMINARY HEARING RESPECTIVELY
THIS DAY, THE COURT MADE THE FOLLOWING:
19
ORDER
Heard the learned counsel for the petitioners and the respondents.
2. In all these writ petitions, the petitioners have called in question the notices issued by the respondent-Hampi World Heritage Area Management Authority, Hampi, Hosapete Taluk, Ballari District represented by its Commissioner, on various dates, as detailed above in the cause title.
3. It is contended before this court that without providing opportunity, the notice issued directly, directing the petitioners to vacate their premises otherwise, the authority will take appropriate action for the same.
4. The learned counsel for the respondents submits that, the authority would like to initiate appropriate proceeding in accordance with law for the purpose of getting the premises vacated wherein 20 the buildings are illegally constructed or any illegal any activities are taking place in the premises by issuing fresh notices.
5. Under the above said circumstances and submission made, the notices issued directing the petitioners to vacate the premises without providing an opportunity of showing cause as to why they should not be asked to vacate the premises, the notice directly stating that within 15 days they have to vacate the premises is illegal and the same is against the principles of natural justice. Under the above said circumstances, the notice issued to the petitioners in all the above said cases on different number of dates are liable to be quashed and they are quashed.
6. However, it is made clear that, liberty is given to the appropriate authority to initiate proceedings if need be in accordance with law for the 21 purpose of taking appropriate action against the petitioners.
7. All the contentions, which are raised in this petition, are kept open to be raised in future before competent authorities or court. The learned counsel for the respondent also submits that, he would look into the matter wherein if similar notices are issued to some other persons otherwise than the petitioners he would see that, those notices are also withdrawn to avoid multiplicity of proceedings.
Sd/-
JUDGE EM/-