Karnataka High Court
Jai Bheema Rao And Babu vs State Of Karnataka on 8 June, 2017
Author: A.S.Bopanna
Bench: A.S. Bopanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION NO.18464 OF 2017
AND
WRIT PETITION NOS.18574 -18723 OF 2017(GM-RES)
BETWEEN:
1. JAI BHEEMA RAO & BABU,
JAGAJEEVANARAM SNEHA SEVA SAMITHI (R),
NO. 96, 20TH CROSS,
NEAR GANGAMMA TEMPLE,
I.P.D. SALAPPA LAYOUT,
JAGAJEEVANRAMNAGAR BENGALURU - 560023.
REPRESENTED BY ITS PRESIDENT
MALLESH
2. SAVITHRI,
W/O. SHRIRAMA,
AGED ABOUT 38 YEARS,
NO 35/9, 1ST MAIN, BHUVANESHWARINAGAR,
BINNYPET, BENGALURU - 560023.
3. M.MAHESH BABU,
S/O. M.NARASIMHA,
AGED ABOUT 46 YEARS,
NO. 117, 20TH CROSS, V.S.GARDEN,
MUTHYASHRI GANGE BHAVANI TEMPLE,
BENGALURU - 560026.
2
4. LAKSHMI NARASAMMA,
W/O. KULLAYAPPA,
AGED ABOUT 38 YEARS,
NO. 35/8, 1ST MAIN, BHUVANESHWARINAGAR,
BINNYPET, BENGALURU - 560023
5. KULLAYAPPA,
S/O VENKATESH
AGED ABOUT 45 YEARS
R/A NO. 389/1, 13TH MAIN, V.S.GARDEN,
BENGALURU - 560026.
6. N.N.HEMANTH KUMAR,
S/O. LATE NARASIMHA MURTHY,
AGED ABOUT 35 YEARS,
NO. 424/4 21ST CROSS, V.S.GARDEN
BENGALURU - 560023.
7. LAKSHMIDEVI,
D/O. NARASIMHALU.M,
AGED ABOUT 45 YEARS,
NO.117, 20TH CROSS, V.S.GARDEN,
MUTHYASHRI GANGE BHAVANI TEMPLE ,
BENGALURU - 560026.
8. KUMARI.S,
W/O. GOPI,
AGED ABOUT 38 YEARS,
NO.362, 8TH CROSS, AMBEDKAR NAGAR,
KORAMANGALA 3RD STAGE,
BENGALURU - 560047.
9. ANNIYAMMA,
W/O. SUBBARAYUDU,
AGED ABOUT 46 YEARS,
NO 94, 19TH CROSS, V.S.GARDEN,
CHAMARAJPET BENGALURU - 560026.
3
10. KADARAPPA,
S/O RAMAIAH,
AGED ABOUT 47 YEARS,
NO 35, 19TH CROSS, V.S.GARDEN,
BENGALURU - 560023.
11. KRISHNA,
S/O. NARASIMHALU,
AGED ABOUT 45 YEARS
NO 117, QUARTERS B'BLOCK,
V.S.GARDEN, BENGALURU - 560026.
12. GOWRAMMA,
W/O. SURYANARAYANA.G,
AGED ABOUT 45 YEARS,
NO. 427, 16TH MAIN, 19TH CROSS,
V.S.GARDEN, BENGALURU - 560023.
13. KADIRAPPA,
S/O. PEDDANNA,
AGED ABOUT 45 YEARS,
NO.121/A, 13TH MAIN, V.S.GARDEN,
CORPORATION QUARTERS, F BLOCK,
BENGALURU - 560026.
14. SHANKARAMMA,
W/O. P.NARAYANASWAMY,
AGED ABOUT 38 YEARS,
NO.42, 4TH CROSS, J.J.R.NAGAR,
BENGALURU - 560018.
15. PRAKASH,
S/O. ADINARAYANA,
AGED ABOUT 37 YEARS,
NO. 426, 17TH CROSS, 18TH MAIN,
V.S.GARDEN , BENGALURU- 560023.
4
16. NALLAPPA
S/O. RANGAPPA,
AGED ABOUT 45 YEARS,
NO. 326, 12TH MAIN,
VENKATASWAMY GARDEN,
BINNYPET, BENGALURU- 560026.
17. GOPAL,
S/O. NALLAPPA,
AGED ABOUT 40 YEARS,
NO. 326, 12TH MAIN,
VENKATASWAMY GARDEN,
BINNYPET, BENGALURU- 560026.
18. THIKKAIAH RAVI,
S/O. NALLAPPA,
AGED ABOUT 45 YEARS,
NO.326, 12TH MAIN,
VENKATASWAMY GARDEN,
BINNYPET, BENGALURU- 560026.
19. NARAYANA,
S/O. PEDDANNA,
AGED ABOUT 42 YEARS,
NO.163/5, 9TH MAIN, 17TH CROSS,
PADARAYANAPURA, BENGALURU - 560026.
20. MARAPPA,
S/O. GANGAPPA,
AGED ABOUT 45 YEARS,
NO.110, 13TH CROSS,
V.S.GARDEN, BENGALURU - 560023.
21. NAGARAJ,
S/O. NARASIMHALU,
AGED ABOUT 38 YEARS,
NO.388, 13TH MAIN, 22ND MAIN,
PADARAYANAPURA, BENGALURU - 560026.
5
22. OBALESH,
S/O. NAGANNA,
AGED ABOUT 47 YEARS,
NO.16/1, 17TH MAIN, V.S.GARDEN,
BENGALURU - 560023.
23. THRIPAL,
S/O. NARAYANAPPA,
AGED ABOUT 42 YEARS,
NO.4, 11TH MAIN, PADARAYANAPURA,
BENGALURU-560026,
24. CHIKKAMALLESH,
S/O. VARADAPPA,
AGED ABOUT 48 YEARS,
NO.96, QUARTERS B BLOCK, V.S.GARDEN,
BENGALURU-560023.
25. LINGAMMA,
W/O. MARAPPA,
AGED ABOUT 46 YEARS,
NO.124, 13TH MAIN, V.S.GARDEN,
BENGALURU-560023.
26. HONNAPPA,
S/O. NALLAPPA,
AGED ABOUT 46 YEARS,
NO.295/1, 12TH MAIN, J.J.R.NAGAR,
BENGALURU-560026.
27. SHIVAPPA,
S/O. VELU,
AGED ABOUT 42 YEARS,
NO.420/1, 19TH CROSS, 10TH MAIN,
J.J.R.NAGAR, BENGALURU-560026.
6
28. BABU
S/O. NALLAPPA,
AGED ABOUT 38 YEARS,
NO.94, QUARTERS B BLOCK, V.S.GARDEN,
J.J.R.NAGAR, BENGALURU-560026.
29. LATHA,
D/O. RAJU,
AGED ABOUT 36 YEARS,
NO.39, 5TH A CROSS, 14TH MAIN,
V.S.GARDEN, BENGALURU-560026.
30. RAMANJANEYALU,
S/O. CHINGAPPA,
AGED ABOUT 48 YEARS,
NO.50, 20TH CROSS, V.S.GARDEN,
J.J.R.NAGAR, BENGALURU-560026.
31. KADARAPPA,
S/O. NARAYAN,
AGED ABOUT 38 YEARS,
NO.3/2, 3RD MAIN, NEW GORIPALYA,
BINNYPET, BENGALURU-560026.
32. NAGARAJ,
S/O. KONDAIAH,
AGED ABOUT 42 YEARS,
NO.35, KUMBARAGUNDI LAYOUT,
BENGALURU-560025.
33. ADINARAYANA,
S/O. NAGAPPA,
AGED ABOUT 44 YEARS,
NO.418, 13TH LANE, 18TH MAIN,
V.S.GARDEN, BENGALURU-560026.
7
34. OBALESH,
S/O. VARADAPPA,
AGED ABOUT 38 YEARS,
NO.86, 13TH CROSS, V.S.GARDEN,
IPD SALAPPA LAYOUT,
BENGALURU-560023.
35. GANGAMMA
W/O. NARASIMHA,
AGED ABOUT 37 YEARS,
NO.50/9, 1ST MAIN, BHUVANESHWARINAGAR,
GANGAPPA GARDEN,
BENGALURU-560023.
36. MUNIRAJU.R,
S/O. RAGHAVAIAH,
AGED ABOUT 45 YEARS,
NO.410, 20TH MAIN, V.S.GARDEN,
BENGALURU-560026.
37. MARAPPA.S,
S/O. PAKIRAPPA,
AGED ABOUT 48 YEARS,
NO.22, 2ND CROSS, V.S.GARDEN,
J.J.R NAGAR, BENGALURU-560026.
38. BABAIAH,
S/O. PEDDANNA,
AGED ABOUT 37 YEARS,
NO.1023, PEENYA PLATENS LANE,
SIDDARTHANAGAR SLUM,
BENGALURU-560058.
39. GANGARAJU,
S/O. PULLANNA,
AGED ABOUT 46 YEARS,
NO.44, 12TH MAIN, VENKATASWAMY GARDEN,
BINNYPET, BENGALURU-560026.
8
40. SUBBAMMA,
W/O. RAMANJANEYALU,
AGED ABOUT 43 YEARS,
NO.414/A, 13TH MAIN, V.S.GARDEN,
BENGALURU-560026.
41. ADILAKSHMI,
W/O. RAVI,
AGED ABOUT 46 YEARS,
NO.353, 13TH MAIN, V.S.GARDEN,
BENGALURU-560026.
42. VENKALAKSHMI
W/O. NARAYANASWAMY,
AGED ABOUT 42 YEARS,
NO.148, 10TH MAIN, V.S.GARDEN,
J.J.R.NAGAR, BENGALURU-560026.
43. SHRIRAM,
S/O. HANUMANNA,
AGED ABOUT 46 YEARS,
NO.42/2, 1ST MAIN, K.P.AGRAHARA,
MAGADI ROAD, BENGALURU-560023.
44. NAGARAJU.N,
S/O. NARASIMHA,
AGED ABOUT 38 YEARS,
NO.109, GANGABHAVANI TEMPLE,
IPD SALAPPA LAYOUT, BENGALURU-560026.
45. NARAYANAMMA,
W/O. VENKATESH,
AGED ABOUT 35 YEARS,
NO.73, 13TH CROSS, V.S.GARDEN,
BENGALURU-560026.
9
46. NARAYAN,
S/O. VENKATARAMAPPA,
AGED ABOUT 48 YEARS,
NO. 230, 12TH CROSS, 10TH MAIN,
V.S.GARDEN, BENGALURU - 560 026.
47. BABU,
S/O. NALLAPPA,
AGED ABOUT 38 YEARS,
NO.414, 20TH MAIN, 19TH CROSS,
V.S.GARDEN, BENGALURU - 560 026.
48. MALLIKARJUNA.M,
S/O. NALLAPPA,
AGED ABOUT 44 YEARS,
NO.79, 16TH MAIN, 2ND CROSS,
V.S.GARDEN, BENGALURU - 560 026.
49. ESHWARAMMA.N.B,
W/O. LATE NALLAPPA,
AGED ABOUT 45 YEARS,
NO. 230, 10TH MAIN, V.S.GARDEN,
J.J.R.NAGAR, BENGALURU - 560 026.
50. RAMANJANEYALU,
S/O. NARAYANA,
AGED ABOUT 48 YEARS,
NO. 11/7, 2ND CROSS, V.S.GARDEN,
J.J.R.NAGAR, BENGALURU - 560 026.
51. RAMANJANEYALU
S/O. NAGANNA,
AGED ABOUT 44 YEARS,
NO. 95, 20TH CROSS, GANGAMMA TEMPLE,
J.J.R.NAGAR, BENGALURU - 560 026.
10
52. JANAKI.N,
D/O. NARAYANA,
AGED ABOUT 44 YEARS,
NO. 146/3, 14TH CROSS, 15TH MAIN,
V.S.GARDEN, J.J.R.NAGAR,
BENGALURU - 560 026.
53. M. POOJARI NALLAPPA,
S/O. M.P.NALLAPPA,
AGED ABOUT 37 YEARS,
NO. 94, 1ST MAIN, V.S.GARDEN,
J.J.R.NAGAR, BENGALURU - 560 026.
54. PADMA.N
W/O. ANJANEYALU,
AGED ABOUT 43 YEARS,
NO.163, 13TH MAIN, V.S.GARDEN,
J.J.R. NAGAR, BENGALURU-560026.
55. LAKSHMAMMA,
W/O. OBLESH.S,
AGED ABOUT 38 YEARS,
NO.302, 12TH MAIN, 10TH MAIN,
V.S.GARDEN, BENGALURU-560026.
56. NAGARATHNAMMA,
W/O. DURGAPRASAD.M,
AGED ABOUT 40 YEARS,
NO.316, 13TH MAIN, 17TH CROSS,
V.S.GARDEN, BENGALURU-560026.
57. SUBHAMANI,
W/O. BOJARAJ.T.G,
AGED ABOUT 37 YEARS,
NO.233, 7TH MAIN, 11TH CROSS,
V.S.GARDEN, BENGALURU-560026.
11
58. DIVAKAR.R,
S/O. LATE RAMAPPA,
AGED ABOUT 38 YEARS,
NO.233/4, 7TH MAIN, 11TH CROSS,
V.S.GARDEN, BENGALURU-560026.
59. MARANNA,
S/O. OBLESH,
AGED ABOUT 48 YEARS,
NO.316, 13TH MAIN, V.S.GARDEN,
BENGALURU-560026.
60. E.SHANTHI,
W/O. PRAKASH.T.A,
AGED ABOUT 36 YEARS,
NO.323, 12TH MAIN, 17TH CROSS,
V.S.GARDEN , BENGALURU-560026.
61. ANITHA.S
W/O. MANJUNATH.A,
AGED ABOUT 34 YEARS,
NO.323, 12TH MAIN, 17TH CROSS,
V.S.GARDEN, BENGALURU-560026.
62. KUMARA,
S/O. ANNAPPA,
AGED ABOUT 40 YEARS,
NO.326, 8TH MAIN, V.S.GARDEN,
BINNYPET, BENGALURU-560026.
63. N.SIDDARAJU,
S/O. R.NAGARAJ,
AGED ABOUT 45 YEARS,
NO.04, 5TH MAIN, 1ST CROSS,
CHRISTIAN COLONY, BENGALURU-560021.
12
64. NARASAMMA,
W/O. ANJANEYALU,
AGED ABOUT 40 YEARS,
NO.3/2, 3RD MAIN, NEW GORIPALYA,
BINNYPET, BENGALURU-560026.
65. MAHALAKSHMI,
W/O. GANGANNA,
AGED ABOUT 43 YEARS,
NO.156, 1ST MAIN, J.J.R.NAGAR,
BENGALURU-560018.
66. NARASIMHALU,
S/O. VENKATARAMU,
AGED ABOUT 44 YEARS,
NO.52/7, 1ST MAIN,
BHUVANESHWARINAGAR,
BINNYPET, BENGALURU-560026.
67. CHINNAMMA,
D/O. CHINNAIAH,
AGED ABOUT 42 YEARS,
NO.94, 20TH CROSS, V.S.GARDEN,
BENGALURU-560026.
68. VENKATARAMU,
S/O. ERA RAMAIAH,
AGED ABOUT 45 YEARS,
NO.288-A, 12TH MAIN, V.S.GARDEN,
BENGALURU-560026.
69. C.N.NAGAMMA,
W/O. S.H.NAGARAJ,
AGED ABOUT 38 YEARS,
NO.47/1B, 6TH MAIN,
TULASAMMA LAYOUT, JANAJYOTHINAGAR,
BENGALURU-560026.
13
70. DHANALAKSHMI.S.H,
W/O. VARADARAJU.M,
AGED ABOUT 38 YEARS,
NO.30, 5TH CROSS, HRM SCHOOL,
JANAJYOTHINAGAR, BENGALURU-560026.
71. MUTHYALAIAH,
S/O. PALLANNA,
AGED ABOUT 44 YEARS,
NO.35/25, 18TH MAIN, V.S.GARDEN,
BENGALURU-560 026.
72. G.LAKSHMIDEVI,
W/O. POTHALAIAH,
AGED ABOUT 38 YEARS,
NO.13/6, 2ND CROSS, V.S.GARDEN,
BENGALURU-560026.
73. NAGALAKSHMI,
W/O. KRISHNAPPA,
AGED ABOUT 42 YEARS,
NO.13, ELUMANDAMMA LAYOUT,
RAMACHANDRAPURA, BENGALURU-560025
74. NARASAMMA,
W/O. NARASAPPA,
AGED ABOUT 44 YEARS,
NO.13, ELUMANDAMMA LAYOUT,
RAMACHANDRAPURA BENGALURU-560025.
75. NAGARAJ,
S/O. MALLESH,
AGED ABOUT 42 YEARS
NO.430, 13TH MAIN, 16TH CROSS,
V.S.GARDEN, BENGALURU-560026.
14
76. RAMANJANEYALU,
S/O. PEDDANNA,
AGED ABOUT 48 YEARS
NO.297, 12TH CROSS, V.S.GARDEN,
BENGALURU-560026.
77. PEDDANNA,
S/O. PALLANNA,
AGED ABOUT 43 YEARS,
NO.144, 14TH MAIN, 10TH CROSS,
V.S.GARDEN, J.J.R.NAGAR,
BENGALURU-560026.
78. DEVI,
W/O. OBALAPATHY,
AGED ABOUT 35 YEARS,
NO.70, GANGADHARESHWARASWAMY TEMPLE,
MAHALAKSHMI LAYOUT,
BENGALURU-560010.
79. NARASIMHA,
S/O. KADARAPPA,
AGED ABOUT 43 YEARS,
NO.196, 7TH MAIN, V.S.GARDEN,
BENGALURU-560026.
80. NAGENDRA
S/O. NAGARAJ,
AGED ABOUT 44 YEARS,
NO.62/B, BCC LAYOUT,
V.S.GARDEN, BENGALURU-560026.
81. JAYALAKSHMI,
S/O. NARAYANASWAMY.N,
AGED ABOUT 42 YEARS,
NO.97, 21ST MAIN, 19TH CROSS,
IPD SALAPPA LAYOUT, V.S.GARDEN,
BENGALURU-560026.
15
82. GANAMMA
W/O. KRISHNAPPA.V,
AGED ABOUT 38 YEARS,
NO.172, 9TH CROSS, S.R.NAGAR,
B.G.ROAD, BENGALURU-560030.
83. RAMADEVI,
W/O. MUTHYALAPPA,
AGED ABOUT 42 YEARS,
NO. 116, QUARTERS B BLOCK,
IPD SALAPPA LAYOUT, V.S. GARDEN,
BENGALURU-560026.
84. KALAVATHI,
W/O. OBALESH,
AGED ABOUT 40 YEARS,
NO.42/B, 1ST MAIN, GANGAPPA GARDEN,
BHUVANESHWARINAGAR, BENGALURU-560023.
85. GANGAMMA,
W/O. GANGADHAR,
AGED ABOUT 45 YEARS,
NO.24, 2ND CROSS, 1ST MAIN,
GANGAPPA GARDEN, K.P. AGRAHARA,
BENGALURU-560023.
86. ANIL KUMAR,
S/O. KULLAYAPPA,
AGED ABOUT 35 YEARS,
NO.117, V.S. GARDEN, IPD SALAPPA LAYOUT,
BENGALURU-560023.
87. SHRIRAMA,
S/O. NARASIMHALU,
AGED ABOUT 42 YEARS,
NO.35/9, 1ST MAIN, BHUVANESHWARINAGAR,
BINNYPET, BENGALURU-560026.
16
88. PRASAD,
S/O. VEERAPPA,
AGED ABOUT 37 YEARS,
NO.156, 1ST MAIN,10TH CROSS,
V.S.GARDEN, BENGALURU-560026.
89. LAKSHMIDEVI. P.N,
W/O. CHINNAMMA,
AGED ABOUT 47 YEARS,
NO.25/14, 2ND CROSS, J.J.R.NAGAR,
RAYAPUR, BENGALURU-560018.
90. NAGARATHNA,
W/O. LATE BABU,
AGED ABOUT 38 YEARS,
NO.111, 6TH CROSS, 10TH MAIN,
IPD SALAPPA LAYOUT,
J.J.R. NAGARA, BENGALURU-560026.
91. NARASIMHALU
S/O. PEDDANA,
AGED ABOUT 44 YEARS,
NO.424, 12TH CROSS, V.S.GARDEN,
BENGALURU-560026.
92. RUKMINI,
W/O. LAKSHMAIAH,
AGED ABOUT 48 YEARS,
NO.107, 18TH CROSS, 20TH MAIN,
V.S.GARDEN, CHAMARAJAPET,
BENGALURU-560018.
93. ADISHESHA.N,
S/O. NAGANNA,
AGED ABOUT 47 YEARS,
NO.113, 13TH CROSS, 20TH MAIN, V.S. GARDEN,
CHAMRAJAPET, BENGALURU-560018.
17
94. MANJUNATH,
S/O. NAGAPPA,
AGED ABOUT 47 YEARS,
NO.97, 20TH MAIN, V.S.GARDEN,
CHAMRAJAPET, BENGALURU-560018.
95. NARAYANA,
S/O. GANGANNA,
AGED ABOUT 45 YEARS,
NO.325, 12TH MAIN, 1ST CROSS,
V.S.GARDEN, BENGALURU-560026.
96. GANGAMMA,
W/O. NARAYANA,
AGED ABOUT 49 YEARS,
NO.19-1, 1ST MAIN, 1ST CROSS,
V.S.GARDEN, BENGALURU-560026.
97. ANJINAPPA,
S/O. KOLAPPA,
AGED ABOUT 38 YEARS,
NO.401/9, 19TH MAIN, V.S.GARDEN,
BENGALURU-560026.
98. PRAKASH,
S/O. JEEVAPPA,
AGED ABOUT 43 YEARS,
NO.15/3-8, 10TH CROSS,
PADARAYANAPURA,
BENGALURU-560026.
99. SHANTHAMMA,
D/O. PILLAPPA,
AGED ABOUT 42 YEARS,
NO.192, THIGALACHOWDENAHALLI,
ANEKAL, BENGALURU-560102.
18
100. SUSHEELA.M ,
W/O. MANJUNATH.H,
AGED ABOUT 42 YEARS,
NO.51, NADAMMALAYOUT, KODICHIKKANAHALLI,
BENGALURU-560076.
101. LAKSHMAMMA,
W/O. JAYARAMA,
AGED ABOUT 38 YEARS,
R/A DASANAPURA VILLAGE,
BENGALURU NORTH TALUK.
102. ANJINAPPA,
S/O. NANJAPPA,
AGED ABOUT 42 YEARS,
R/A SHIVANAPURA COLONY,
SHIVANAPURA VILLAGE,
BENGALURU NORTH TALUK.
103. JAYARAM,
S/O. HANUMANTHARAYAPPA,M
AGED ABOUT 35 YEARS,
R/A DASANAPURA VILLAGE,
BENGALURU NORTH TALUK.
104. G.ASHWINI,
W/O. PRAVEEN KUMAR,
AGED ABOUT 42 YEARS,
NO.21/1, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
105. DILIP.L,
S/O. N.NEELAKANTAIAH,
AGED ABOUT 42 YEARS,
NO. 254, 2ND MAIN, 1ST CROSS,
KAMALANAGAR, BENGALURU-560079.
19
106. VIJAY.
S/O. N.NEELAKANTAIAH,
AGED ABOUT 43 YEARS,
NO. 21 , 1ST MAIN, 1ST CROSS,
KAMALANAGAR, BENGALURU-560079.
107. YASHODA,
W/O. SRINIVASA,
AGED ABOUT 40 YEARS,
NO. 414, 3RD SECTOR, HMT COLONY,
JALAHALLI, BENGALURU-560013.
108. RADHA.B.B,
W/O. T.R.RAVISH,
AGED ABOUT 42 YEARS,
NO. 260, 1ST MAIN, KAMALANAGAR,
BENGALURU-560079.
109. RENUKA.S,
W/O. VENKATESH.T,
AGED ABOUT 38 YEARS,
NO. 112/17, 1ST MAIN, 6TH CROSS,
KEMPEGOWDA LAYOUT, LAGGERE,
BENGALURU-560079.
110. NAGARATHNAMMA.S,
W/O. SHIVARAJU.M,
AGED ABOUT 36 YEARS,
NO. 760, 2ND MAIN, 2ND CROSS,
KAMALANAGAR, BENGALURU-560026.
111. JAYALAKSHMI,
W/O. C.D.LAKSHMANA,
AGED ABOUT 45 YEARS,
NO. 1420, SRS COMPOUND, ASHRAYANAGAR,
PEENYA, BENGALURU-560058.
20
112. SHRIDEVI,
W/O. GANGADHAR,
AGED ABOUT 46 YEARS,
NO. 762, 2ND MAIN, 2ND CROSS,
KAMALANAGAR, BENGALURLU-560079.
113. PRAVEEN KUMAR,
S/O. SHIVAKUMAR,
AGED ABOUT 38 YEARS,
NO. 761, 2ND MAIN, 2ND CROSS,
KAMALANAGAR, BENGALURLU-560079.
114. NAGARAJU,
S/O. KARIYAPPA,
AGED ABOUT 42 YEARS,
NO. 763, 2ND MAIN, 2ND CROSS,
KAMALANAGAR, BENGALURLU-560079.
115. RAGHU,
S/O. GANGAIAH,
AGED ABOUT 37 YEARS,
NO. 764, 2ND MAIN, 2ND CROSS, KAMALANAGAR,
BENGALURLU-560079.
116. A.VINOD,
S/O. ANJINAPPA,
AGED ABOAUT 28 YEARS,
NO.2/1, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
117. GIRISH,
S/O. VENKATACHALAIAH,
AGED ABOUT 45 YEARS,
NO.38, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
21
118. LAKSHMAMMA,
W/O. LATE VENKATACHALAIAH,
AGED ABOUT 48 YEARS,
NO.32, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
119. LAKSHMAMMA,
W/O. LATE GANGAMMA,
AGED ABOUT 47 YEARS,
NO.39, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
120. LINGAMMA,
W/O. LATE THIMMAIAH,
AGED ABOUT 48 YEARS,
NO.40, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
121. RANGASWAMY,
S/O. KRISHNAPPA,
AGED ABOUT 38 YEARS,
NO.43, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
122. THIMMAKKA,
W/O. KRISHNAPPA,
AGED ABOUT 48 YEARS,
NO.43, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
123. NAGARAJU,
S/O. VARADHAIAH,
AGED ABOUT 45 YEARS,
NO.44, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
22
124. GOWRAMMA,
W/O. KANCHIMALAGAIAH,
AGED ABOUT 46 YEARS,
NO.45, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
125. NAGAMANI,
W/O. MANCHEGOWDA,
AGED ABOUT 47 YEARS,
NO.50, 1ST CROSS, KAMALANAGAR,
BENGALURU-560079.
126. RAJU,
S/O. NARASAPPA,
AGED ABOUT 38 YEARS,
NO.87, 2ND MAIN, V.S.GARDEN,
BENGALURU-560026.
127. ARUN KUMAR,
S/O. MUNIRAJ,
AGED ABOUT 45 YEARS,
NO.48, 6TH CROSS, DAYANANDANAGAR,
BENGALURU-560023.
128. CHANNAPPA ,
S/O. CHANNABHOVI,
AGED ABOUT 44 YEARS
NO.108, 18TH CROSS, V.S.GARDEN,
BENGALURU-560023.
129. NAVEEN,
S/O. ANJANAPPA,
AGED ABOUT 30 YEARS
NO.101, 7TH CROSS, V.S.GARDEN,
BENGALURU-560023.
23
130. NARYANAMMA,
W/O. SUBBAIAH,
AGED ABOUT 47 YEARS
NO.230, 10TH CROSS, V.S.GARDEN,
BENGALURU-560026.
131. SUBBARAYADU,
S/O. MUTHYALAPPA,
AGED ABOUT 40 YEARS
NO.110, 20TH CROSS , V.S.GARDEN,
BENGALURU-560026.
132. NARASAMMA,
W/O. NARASIMHA.K.B,
AGED ABOUT 42 YEARS,
NO.48/8, 4TH CROSS, V.S.GARDEN,
J.J.R. NAGARA, BENGALURU-560018.
133. PRAKASH,
S/O. JEEVAPPA,
AGED ABOUT 41 YEARS
NO.15/3-8, 10TH CROSS,
PADARAYANAPALYA,
BENGALURU-560026.
134. NAGANNA,
S/O. PEDDA GANGANNA,
AGED ABOUT 45 YEARS,
NO.20, J.J.R.NAGAR.
BENGALURU-560026.
135. MARAPPA,
S/O. PAKIRAPPA,
AGED ABOUT 49 YEARS,
NO.22, 2ND CROSS, V.S.GARDEN,
J.J.R.NAGAR,
BENGALURU-560026.
24
136. NARAYANA,
S/O. GANGANNA,
AGED ABOUT 40 YEARS,
NO.325, 12TH MAIN, 1ST CORSS,
V.S.GARDEN, J.J.R. NAGARA,
BENGALURU-560026.
137. GANGABHAVANI,
W/O. NAGANNA,
AGED ABOUT 35 YEARS
NO.95, 2ND CROSS, GANGAMMA TEMPLE,
V.S.GARDEN, J.J.R.NAGAR,
BENGALURU-560026.
138. SHIVARAJ,
S/O. RAMANJANEYALU,
AGED ABOUT 39 YEARS
NO.414,18TH MAIN,V.S.GARDEN,
BINNYPET, BENGALURU-560026.
139. LAKSHMIDEVI.P.N,
W/O. CHINNAMMA,
AGED ABOUT 43 YEARS,
NO.25/14, 2ND CROSS, J.J.R.NAGAR,
RAYAPUR, BENGALURU-560018.
140. CHIKKARASAMMA,
W/O. LATE PEDDANNA,
AGED ABOUT 48 YEARS,
NO.100,19TH CROSS,
MATHASHRI GANGABHAVANI TEMPLE,
J.J.R.NAGAR, V.S.GARDEN,
BENGALURU-560 026.
141. SAKAMMA,
W/O. GULUGANAPPA,
AGED ABOUT 47 YEARS,
NO.462, 15TH CROSS, V.S.GARDEN,
BENGALURU-560 026.
25
142. HARSHAVARDHAN,
S/O. POTHANNA,
AGED ABOUT 29 YEARS,
NO.515, 2ND CROSS, V.S.GARDEN,
BENGALURU-560 026.
143. HARIPRASAD.A,
S/O. POTHANNA,
AGED ABOUT 42 YEARS,
NO.515, 2ND CROSS, V.S.GARDEN,
BENGALURU-560 026.
144. BHAVANI.A.P,
W/O. PEDDARAJALU,
AGED ABOUT 41 YEARS,
NO.211, 1ST CROSS, 2ND MAIN, V.S.GARDEN,
BENGALURU-560 026.
145. P.N.NAGARAJU,
S/O. NAGAPPA,
AGED ABOUT 49 YEARS,
NO.568, 2ND MAIN, V.S.GARDEN,
BENGALURU-560 026.
146. THIPPESWAMY.K
S/O. VRUSHABENDRAPPA,
AGED ABOUT 36 YEARS
NO.386,3RD CROSS,V.S.GARDEN,
BENGALURU-560 026.
147. DHANRAJ.C,
S/O. CHANDRAPPA,
AGED ABOUT 40 YEARS,
NO.438, 2ND MAIN, 3RD CROSS, KAMALANAGAR,
BASAVESHWARANAGAR, BENGALURU-560 079.
26
148. JAYALAKSHMI,
W/O. LATE CHELUVAMURTHY,
AGED ABOUT 32 YEARS,
NO.760, ASHRAYANAGAR, SRS COMPOUND,
BENGALURU-560 058.
149. ANJINAPPA,
S/O. LATE NANJAPPA,
AGED ABOUT 48 YEARS,
NO.448, 2ND MAIN,V.S.GARDEN,
BENGALURU-560 026.
150. RAMACHANDRA,
S/O. BYRAIAH,
AGED ABOUT 42 YEARS
NO.89, 2ND MAIN,V.S.GARDEN,
BENGALURU-560 026.
151. HARISH,
S/O. VENKATARAMANA,
AGED ABOUT 44 YEARS,
NO.90, 2ND MAIN, V.S.GARDEN,
BENGALURU-560 026.
... PETITIONERS
(BY SRI. YOGESH V. KOTEMATH, ADV.)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, M.S.BUILDING,
BENGALURU - 560001.
2. THE DEPUTY COMMISISONER,
BENGALURU URBAN DISTRICT,
BENGALURU - 560001.
27
3. THE TAHSILDHAR,
BANGALORE NORTH TALUK,
KANDAYA BHAWAN,
BENGALURU - 560009.
... RESPONDENTS
(BY SRI. KIRAN KUMAR.T.L., AGA.)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT THE RESPONDENT
AUTHORITIES TO CONSIDER REPRESENTATION DATED
22.9.2015 VIDE ANNEXURE-C AND REPRESENTATION
DATED 25.2.2017 VIDE ANNEXURE-L ADDRESSED BY
P-1 SAMITHI REQUESTING TO IMPLEMENT THE
ASHRAYAN URBAN SCHEME BY ALLOTTING SITES AND
ISSUING HAKKU PATRAS IN FAVOUR OF THE P-2 TO 151
IN RESPECT OF LAND BEARING SY NO.77 MESURING TO
AN EXTENT OF 4 ACRES SITUATED AT PILLAHALLI
VILLAGE, DANAGAPURA HOBLI, BANGALORE NORTH
TALUK AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this court seeking issue of mandamus to direct the respondents/Authorities to consider the representation dated 22.09.2015 and 25.02.2017 at Annexure 'C' and 'L' addressed by the petitioner No.1 requesting to implement the Ashraya Urban 28 Scheme by allotting sites and issuing Hakku Patras in favour of the petitioner No.2 to 151 in respect of land bearing Sy.No. 77 measuring to an extent of 4 acres situated at Pillahalli Village, Dasanapura Hobli, Bengaluru North Taluk.
2. The petitioner No.1 claims that it is a Samithi which is formed for the welfare of its members. Petitioners No.2 to 151 are stated to be its members. Since they are site-less persons, the petitioners claim that they are entitled for allotment of sites and in that regard the representation is made. In the communication at Annexure 'H' dated 15.11.2016 since reference is made with regard to value of the lands if is available for such allotments, the petitioner No.1 contends that the fixation of the value at Rs.75,00,000/- per acre would not be justified as the members of the petitioner No.1 including the petitioners No. 2 to 151 are persons belonging to the lower strata of the Society and as such the consideration of 29 allotment of sites should be in terms of the notification as at Annexure 'J' and 'K' as it provides that in respect of such persons, the allotment has to be made free of cost. It is in that light, the petitioner No.1 has made the representations seeking allotment of the sites as free sites and since the consideration has not been made, the petitioners are before this court.
3. Having taken note of the contention put forth by the learned counsel for the petitioner and learned Government Advocate, I have perused the petition papers. Though reference is made to an earlier petition before this court directing consideration of the representation; the said issue does not arise at this point of time, in the light of the consideration that is made by the Authorities with regard to the allotment of sites and at this point in time there are no allotment orders. At the outset, the representations in any event will have to be taken note by the competent authority relating the entitlement if any, and the category 30 from which the petitioners would be entitled to such allotment of sites. This is more so, in view of the indication in the order wherein the Authorities who are required to consider the application for allotment of free sites has also indicated therein the qualification for consideration. Hence the representation as made by the petitioner No.1 would not arise for consideration at this juncture.
4. However, if any of the members of petitioner No.1 or petitioners 2 to 151 communicate their entitlement for sites and such applications are made and on consideration of such application, if it is found that they are entitled for allotment of site, in such event the notification as referred to at Annexure 'J' and 'K' shall be kept in view and at that circumstance if such grants are to be made, the grant of free sites be considered if the case of each of the petitioner falls as per the requirements in the said notification. Therefore, at this juncture, I do not see any reason to direct consideration of the representation as 31 submitted by the petitioner No.1. However, for the reasons stated above, if any other representations are made by the individual members to the competent authority, the same shall be taken note of and thereafter fresh orders be passed in accordance with law.
With the said liberty and directions, these petitions stand disposed of.
Sd/-
JUDGE sd Ct-bl