Karnataka High Court
Dr H.Channegowda vs State Of Karnataka on 20 August, 2013
Bench: Chief Justice, B.V.Nagarathna
: 1 :
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF AUGUST 2013
: PRESENT :
THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT APPEAL Nos. 247-248 & 4658-4660 / 2013
C/W
WRIT APPEAL Nos. 122-196 & 4367-4388 / 2013,
197-246 & 4331-4340 / 2013, &
249-298 & 4445-4464 / 2013
IN WRIT APPEAL Nos. 247-248 & 4658-4660 / 2013 :
BETWEEN :
1. DR. H.CHANNEGOWDA
AGED ABOUT 69 YEARS,
S/O HANUMATHEGOWDA,
# 505, 4TH A-MAIN, 6TH CROSS,
OMBR LAYOUT, BHUVANAGIRI,
BANGALORE - 560 021.
2. DR. G.S.KUTNIKAR,
AGED ABOUT 69 YEARS,
S/O GAJANANA RAO,
R/A NO. 2754, 5TH MAIN,
V.V.MOHALLA, MYSORE-570 001.
3. SRI CHANDRASHEKAR D.
AGED ABOUT 62 YEARS,
S/O BHYRAPPA, NO.32, 29TH CROSS,
7TH BLOCK, JAYANAGARA,
BANGALORE - 560 082.
4. SRI P.V.LAKSHMAN RAO
AGED ABOUT 62 YEARS,
S/O LATE P.VENKATA RAO,
R/A NO.1462, SRI VENKATESHWARA
NILAYA, I MAIN, III CROSS,
: 2 :
MUNESHWARA NAGARA,
KOLAR-563 101.
5. SRI S.PANIRAJ
AGED ABOUT 62 YEARS,
S/O S.B.SRINIVAS, 6TH MAIN, 2ND CROSS,
KATHRIGUPPE (EAST),
B.S.K. 3RD STAGE, BANGALORE-560 085.
... APPELLANTS
( BY SRI RAVI B.NAIK, SENIOR COUNSEL FOR
SRI V VISHWANATH & SRI U.S.SANJEEVA MURTHY,
ADVOCATES. )
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA, BANGALORE-560 001.
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION,
KMF COMPLEX, HOSUR ROAD,
BANGALORE-560 029.
... RESPONDENTS
( BY SRI BASAVARAJ KAREDDY, PRL.G.A. FOR R-1. )
WRIT APPEALS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN WRIT PETITION NO. 12527/2012 (S) DATED
17/10/2012.
IN WRIT APPEAL Nos. 122-196 & 4367-4388 / 2013 :
BETWEEN :
1. K L GAJENDRA
S/O LATE K.LAKKANNA GOWDA,
AGED ABOUT 62 YRS, # 55, 12TH MAIN,
: 3 :
6TH SECTOR, HSR LAYOUT,
BANGALORE 560102.
2. S.K. MAHADEV
S/O N. KEMPAIAH
A/A 63 YRS, # 307, IST CROSS, BHCS LAYOUT,
SUBRAMANYAPURA MAIN ROAD,
UTTARAHALLI, BANGALORE-560 061.
3. CHANDRA REDDY
S/O MUNINANJAPPA
A/A 63 YEARS, NO.70, HONGASANDRA, BEGUR
HOBLI, BANGALORE-560 068.
4. BODAPPA
S/O RAMAIAH, A/A 65 YRS, #1042, BEGUR,
BANGALORE SOUTH TALUK-560 068.
5. K.M. MANJUNATH
S/O NARASIMHA SETTY,
A/A 53 YRS, NO.70, HONGASANDRA,
BEGUR HOBLI, BANGALORE-560 068.
6. SHARADAMMA
A/A 62 YRS, C/O SMT MANGAMMA
R/A DAIRY QUARTERS, AUDUGODI,
BANGALORE-560 029.
7. D.S. DEVAIAH
S/O CHIKKADEVAIAH, A/A 62 YRS,
B/90, KENDAIAH COMPOUND, SAMEERAPURA,
CHAMARAJPETE, BANGALORE-18.
8. RAMU
S/O GIRIGOWDA
A/A 62 YRS, #50, 2ND MAIN, VINAYAKANAGAR,
BSK IST STAGE, BANGALORE-50.
9. RAME GOWDA
S/O BETTE GOWDA, A/A 50 YRS, #24, 5TH MAIN,
18TH CROSS, BTM 2ND STAGE,
N.S. PALYA, BANGALORE-76.
10. B. M. PUTTASWAMY
S/O MODDEBALLE GOWDA,
A/A 62 YRS, #556, 10TH CROSS, 5TH BLOCK,
: 4 :
BHUVANESHWARINAGARA,
BSK 3RD STAGE, BANGALORE-85.
11. B.H. RAGHUNATH
S/O HANUMANTHARAYAPA,
A/A 60 YRS, R/A J-8, PIPELINE, MALLESWARA,
BANGALORE - 3.
12. ABDUL SALAM
S/O BADE SAB, A/A 47 YRS, NO.54,
9TH CROSS, VIJAYA BANK LAYOUT,
KRISHNAGAR MN.RD., BASAVANAPURA,
K.R. PURA, BANGALORE - 36.
13. M. CHANDRA
S/O DODDAMUNINANJAPPA
A/A 52 YRS, R/AT GANIGARA BEEDI, KENGERI,
MYSORE ROAD, BANGALORE -60.
14. V. LAKSHMAIAH
S/O VENKATAPPA, A/A 65 YRS, #54, 1ST FLOOR,
3RD CROSS, BRINDAVANAGARA, TAVAREKERE,
BANGALORE - 81.
15. VENKATARAMANAPPA
S/O GURAPPA
A/A 66 YRS, #365, R.H. COLONY,
AUDUGODI, HOSUR MAIN ROAD,
BANGALORE - 30.
16. M. NAGARAJA
S/O LATE C. MUDDAIAH
A/A 56 YRS, #51, 3RD CROSS, MARAMMA TEMPLE
STREET, K.G. NAGAR, BANGALORE 19.
17. L.N. SREYANS KUMAR
S/O NAGAKUMAR
A/A 63 YRS, #486, 3RD MN. NAGENDRA BLOCK,
BSK 3RD STAGE, HANUMANTHANAGAR,
BANGALORE - 18.
18. M.S. SIDDARAMAIAH
S/O SUBBE GOWDA, A/A 72 YRS, #17-18,
HEBBAL MN RD, METAGALLI POST,
BASAVESWARANAGARA, MYSORE - 16.
: 5 :
19. B.J. RANGEGOWDA
S/O JAVARE GOWDA, A/A 62 YRS, #106-31/1,
3RD MN. SAMRAT LAYOUT, ARAKERE,
BANGALORE - 76.
20. K.V. SRINIVASAMURTHY
S/O VENKATAPPA, A/A 59 YRS,
#449, 14TH CR, 50TH MN RD,
GIRINAGARA, MUNESHWARA BLOCK,
BANGALORE - 85.
21. B. MUNISWAMAPPA
S/O VEEREGOWDA
A/A 64 YRS, R/A NAYANDANAHALLI,
MYSORE ROAD, BANGALORE - 39.
22. P. THIMME GOWDA, DEAD BY L.R., HIS WIFE
SMT. MEENAKSHI,
A/A 60 YRS, R/A #126, AGARA VILLAGE,
BANGALORE - 7.
23. T. ANAND
S/O M. THOPPAIH, A/A 56 YRS,
HOSAKEREHALLI, BSK 3 STAGE,
BANGALORE - 50.
24. L.V. RAJU
S/O LAKSHMINARAYANA
A/A 61 YRS, #10, RR OIL MILL RD,
ARAVINDANAGARA, BANGALORE 18.
25. H.L. LAKKANNA
S/O LATE LAKKANNA
A/A 60 YRS, #209, 23RD CR, 8TH BLOCK,
KORAMANGALA, BANGALORE - 95.
26. KEMPANNA
S/o HANUMANTHARAYAPPA,
A/A 61 YEARS, NO.19/2, 4TH 'A' CROSS,
LALJINAGAR, LAKKASANDRA, BANGALORE - 84.
27. S.K. SHIVANNA,
S/O. KEMPAIAH, A/A 63 YEARS,
NO. 70, SHARADA NILAYA,
NO. 78, 8TH MAIN, 3RD 'A' CROSS,
BHUVANESWARI NAGARA,
: 6 :
T. DASARAHALLI,
BANGALORE - 560 057.
28. G. NARASIMHAIAH,
S/O. GANGAMUTHA RAYAPPA,
A/A 60 YRS, NO. 19, 1C NARAYANAPURA,
SATHANOOR POST, K.R. PURA HOBLI,
BANGALORE - 36.
29. SIDDARAJU,
S/O. PATEL BORAIAH, A/A 70 YEARS,
R/AT OLD VAKKALIGARA ONI,
MADDUR, MANDYA DISTRICT - 571 428.
30. A.V. GOVINDAPPA,
S/O. VENKATARAMAPPA,
A/A 63 YEARS, R/AT HUNASEMARA DODDI,
ANALU POST, KANAKAPURA TALUK
BANGALORE - 17.
31. T.S. MALLANNA,
S/O. SIDDAPPA, A/A 66 YEARS,
R/AT THOTA SAGAR,
GOPALAPURA, GUBBI TALUK,
TUMKUR - 572 102.
32. CHANDRASHEKAR RAO,
S/O. S.R. ASHWATHANARAYANA RAO,
A/A 65 YEARS, R/AT SUPRABHATA, 4TH CROSS,
CHANNABASAVESWARA NAGAR,
UPPARAHALLI, TUMKUR - 572 102.
33. M.N. PATIL,
S/O. M.B. PATIL, A/A 66 YEARS,
TRYIYA NEHRALU VISWNANA LAYOUT,
SHANTHINAGARA, TUMKUR - 572 102.
34. SMT. B. BRAMARMBA,
W/O. C. CHANDRASHEKARAIAH,
A/A 63 YEARS, NO. 237, MAHESHWARA,
2ND CROSS, SIT EXTENSION,
S.S. PURA POST, TUMKUR - 102.
35. THIMMAIH,
S/O. GIRIYANNA,M, AGED ABOUT 65 YEARS,
R/AT LAKSHMISAGAR, SIRA TALUK,
: 7 :
TUMKUR DISTRICT - 572 102.
36. D.G. KRISHNEGOWDA,
A/A 64 YEARS, R/AT VIDYANAGAR, 1ST CROSS,
NEAR KEB, M.G. ROAD, GUBBI,
TUMKUR DISTRICT - 572 102.
37. C. SWAMINATHAN,
A/A 67 YEARS, RETD. TECHNOLOGIST,
R/A 40, 2ND CROSS, 1V MAIN,
SADHASHIVANAGARA, TUMKUR - 102.
38. B.P. SIDDAPPA,
S/O. APPAINA PUTTAPPA, A/A 64 YEARS,
R/AT NO. 404, 1ST FLOOR, 9TH CROSS,
BCC LAYOUT, VIJAYANAGARA,
BANGALORE - 560 040.
39. RANGASWAMAIAH,
S/O. PUJAR CHIKKARANGAIAH,
A/A 63 YEARS, R/AT ADLAPUR VILLAGE,
HALNUR POST, TUMKUR TALUK - 572 102.
40. SRI C. HANUMANTHAPPA,
DEAD BY HIS LRS.
SMT. AMARAVATHI,
W/O. LATE C. HANUMANTHAPPA,
AGED ABOUT 48 YEARS,
R/AT HURLUR VILLAGE,
VARTHUR HOBLI, SARJAPUR,
BANGALORE - 562 125.
41. SRI RAJGOPAL DEAD BY HIS LRs.
SMT. SHASHIKALA,
W/O. LATE RAJGOPAL
A/A 53 YEARS, R/AT NO. 1320/17,
8TH MAIN ROAD,
A BLOCK, RAJAJINAGAR,
2ND STAGE, BANGALORE - 10.
42. M.RAMAIAH DEAD BY HIS LRs.
WIFE LALITHAMMA,
A/A 45 YEARS, R/AT NO. 1466,
BEHIND CANARA BANK, BEGUR MAIN ROAD,
BANGALORE - 68.
43. SRI BASAVARAJU DEAD BY HIS LRs.
: 8 :
WIFE A. KAMALAMMA,
A/A 49 YEARS, R/AT NO. 16, 5TH CROSS,
10TH MAIN ROAD, T.R. SHAMANNANAGAR,
SRINAGAR, BANGALORE - 50.
44. A.B. NANJAPPA, DEAD BY HIS LRs.
WIFE RATHNAMMA,
AGED ABOUT 52 YEARS,
R/AT 142, 24TH MAIN, 9TH CROSS,
HSR LAYOUT, AGARA SARJAPURA ROAD,
BANGLAORE - 68.
45. K. RAJU, DEAD BY HIS LRs.
WIFE SMT. VICTORIA,
AGED ABOUT 60 YEARS,
R/AT 2/74, MAYUR ROAD,
POST MASTER LANE,
LINGARAJAPURA, ST. THOMAS TOWN,
BANGALORE - 84.
46. THIMMAIAH, DEAD BY HIS LRs.
WIFE LAXMAMMA,
AGED ABOUT 56 YEARS,
R/AT NO.9.106, CHIKKALAXMAIAH LAYOUT,
HOSUR ROAD, BANGALORE - 29.
47. K.T. RAMESH DEAD BY HIS LRs.
WIFE SMT. SHANTHAMMA,
AGED ABOUT 57 YEARS,
R/AT NO. 404, 2ND D MAIN ROAD,
11TH BLOCK, NAGARABHAVI, 2ND STAGE,
BANGALORE - 40.
48. VEERABHADRIAH, DEAD BY HIS LRs.
WIFE SMT. NALINA,
AGED ABOUT 52 YEARS,
R/AT ANANDA NILAYA, 10TH CORSS,
RADHAKRISHNA ROAD,
SARASWATHIPURA, TUMKUR - 572 102.
49. SRI T.G. SHIVARAMAIAH, DEAD BY HIS LRs.
WIFE SMT. LAXMIDEVAMMA,
A/A 58 YEARS, R/A C-46, KHB COLONY,
VIDYANAGAR, NEAR STELLA MARIS SCHOOL,
KUNIGAL, TUMKUR DISRICT - 572 102.
: 9 :
50. B.D. RAJANNA,
S/O B. DASE GOWDA, A/A 63 YEARS,
R/AT PARASANAHALLI, BANDHIHOLE POST,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT - 572 102.
51. K.S. SRINIVAS,
S/O. K.V. SHESHADRI IYER, A/A 67 YEARS,
R/AT NO. 93, THYAGARAJA ROAD,
FORT MOHALLA, MYSORE - 4.
52. C.K. MURTHY,
S/O. THIMMAPPA, A/A 67 YEARS,
R/A NO. 19, 18TH CROSS, 6TH MAIN,
BEHIND EMPORAR, N.S. PALYA,
BTM LAYOUT, 2ND STAGE, BANGALORE - 560 076.
53. SMT. MANGAMMA,
W/O. RAMIAH, A/A 63 YEARS,
NO. 15, 4TH CROSS, LAKKASANDRA, DR POST,
BANGALORE - 29.
54. SANNAPPA,
S/O. KALAPPA, AGED ABOUT 62 YEARS,
R/A KUDIG KOPPAPUR, KUDIGE POST,
SOMARPET TALUK - 571 236.
55. ERANNA DEAD BY HIS LRs.
SMT. SOMAJI, A/A 58 YEARS,
R/AT KUDUMANAGALORE,
KUSHALNAGAR HOBLI, COORG- 571 234.
56. D.HANUMESHA,
S/O. BHEEMA RAO, A/A 66 YEARS,
R/A MARUTHI PRASANNA
ANNAPURNESHWARINILAYA,
DODDAPPA LAYOUT, WARD NO.8, NO. 308,
BEHIND COURT, ANEKAL - 562 106.
57. VENKATAPPA DEAD BY HIS LRs.
HIS WIFE SMT. PARVATHAMMA, A/A 60 YEARS,
R/A KUDUMAGALORE, SOMWARAPET TALUK,
KUSHALNAGAR HOBLI, COORG - 571 234.
58. N. VENKATAIAH,
S/O. SRI VENKATAPPA, A/A 60 YEARS,
: 10 :
R/A 209/14, 5TH CROSS,
12TH MAIN, T.R. SHAMANNA NAGAR,
BANGALORE - 50.
59. CHIKKONU, DEAD BY HIS LRs.
HIS WIFE SMT. DHANALAXMI, A/A 45 YEARS,
R/A NO. 84/1, 2ND STAGE,
N.S. PALYA, ABBAIAHAPPA LAYOUT,
B.G. ROAD, BANGALORE - 76.
60. SUNDARA,
S/O KARIYAPPA, A/A 56 YEARS,
R/A KUDUMANGALORE VILLAGE,
SOMARPET TALUK, COORG DISTRICT - 571 234.
61. M.S NAGARAJ,
S/O. LATE SHIVANNA, A/A 55 YEARS,
KUDUMANGALORE VILLAGE,
SOMARPET - 571 234.
62. DODDEGOWDA,
DEAD BY HIS LRs. HIS WIFE LAXMAMMA,
A/A 56 YEARS, R/A KUDIGE VILLAGE,
SOMAVARAPET TALUK,
COORG DISTRICT - 571 234.
63. SHANKAR SHETTY DEAD BY HIS LRs.
HIS WIFE SMT. LAXMAMMA, A/A 58 YEARS,
R/A HEGGAHALLI, KUDIGE POST,
COORG DISTRICT - 571 234.
64. K.B. NIMBEGONDI,
DEAD BY LRs. HIS WIFE SMT. SHAKUNTALA K.N.
A/A 58 YEARS, R/A NO. 251, 6TH CROSS,
5TH MAIN, INDIRANAGAR 1ST STAGE,
BANGALORE - 38.
65. B.G. RAJU DEAD BY HIS LRs HIS WIFE
SMT. B.K. KALAVATHI, A/A 54 YEARS,
R/A NO. 30, 3RD CROSS, TULASINAGAR,
GOLLARAHATTI, NEAR ANY TIME WATER PLANT,
VISWANEEDAM, BANGALORE - 91.
66. RUDRAPPA,
S/O. DODDEGOWDA, A/A 62 YEARS,
R/A DODDATHUR VILLAGE,
: 11 :
SOMAVARPETE TALUK, COORG - 571 234.
67. KRISHNA,
S/O D.B. THIMMAPPA, A/A 61 YEARS,
R/A KUDUMANGALORE,
SOMARPET TALUK, COORG DISTRICT - 571 234.
68. SMT. M.B. BOJAMMA,
W/O B.P. POOVAIAH, A/A 60 YEARS,
R/A KUDUMANGALORE,
KUSHALNAGAR HOBLI, COORG - 571 124.
69. T.NANJUNDACHARI,
S/O THIMMANNACHARI, A/A 63 YEARS,
R/A VENKATESHWARA KRUPA,
BEHIND JANATHA COLONY,
SAPTAGIRI EXTENSION, SHETTAHALLI EXTN.,
TUMKUR - 102.
70. N. NARAYANA SWAMY,
S/O. NARAPPA, A/A 61 YEARS,
R/A NO.216, SOMWARPET MAIN ROAD,
KUDIGE, KUSHALNAGAR HOBLI,
COORG - 571 234.
71. SMT. ZABIDONNISA BEGAUM,
A/A 60 YEARS, R/A P.H. COLONY, 10TH CROSS,
BOMBAY BUILDING, TUMKUR - 102.
72. DEVEGOWDA, DEAD BY HIS LRs.
HIS WIFE SMT. SAVITHRAMMA, A/A 54 YEARS,
R/A KUDIGE VILLAGE,
SOMWARPET TALUK - 571 234.
73. P. SHAMANNA,
A/A 62 YEARS, R/A SRI RANGANATHA NILAYA,
MARALORE DINNE,
OPP. ENGINEER JAYAPRAKSH HOUSE,
14TH CROSS, TUMKUR - 102.
74. A.M. RAMAPA,
S/O. MUNIYAPPA, A/A 62 YEARS,
R/A NO.3, BASAVANNA TEMPLE STREET,
1ST CROSS, AUDUGODI,
BANGALORE - 560 030.
: 12 :
75. N. NAGAPPA,
S/O. NYATHAPPA, A/A 66 YEARS,
R/A 1ST MAIN, 2ND CROSS,
YELAHANKA NEW TOWN,
NEAR SHIRADI SAIBABA TEMPLE,
GKVK POST, BANGALORE - 6.
76. A.R. SHANKAR,
S/O. REVAIAH, A/A 64 YEARS,
R/AT 79, 1ST CROSS, 2ND MAIN,
MATHUR LAYOUT,
NEAR SHIRADI SAIBABA TEMPLE,
YELAHANKA NEW TOWN, GKVK POST,
BANGALORE - 65.
77. P. LAKSHMINARAYANA REDDY,
S/O. P. THIMMADASA REDDY,
A/A 68 YEARS,
C/O. SLV TRADERS, 1ST MAIN ROAD,
Y.N. COMPLEX, APMC YARD,
BATAWADI, TUMKUR.
... APPELLANTS
( BY SRI RAVI B. NAIK, SR. CL. FOR
SRI V. VISHWANATH AND
SRI U S SANJEEVA MURTHY, ADVS. )
AND
1. STATE OF KARNATAKA,
BY ITS PRINICPAL SECRETARY TO GOVERNMENT,
ANIMAL HUSBANDRY & FISHERIES DEPT.
4TH FLOOR, VIKASA SOUDHA,
BANGALORE - 1.
2. THE MANAGING DIRECTOR,
KARNATAKA MILK FEDERATION,
KMF COMPLEX, HOSUR ROAD,
BANGALORE - 560 029.
... RESPONDENTS
( BY SRI BASAVARAJ KAREDDY, PRL. GA FOR R1. )
: 13 :
WRIT APPEALS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN WRIT PETITION NOS. 40783-96/11, 40798-
803/11, 40805-819/11, 40821-828/11, 40832/11, 40834-
835/11, 40837-838/11, 40840-844/11, 40846-849/11,
40851-862/11, 40864/11, 40866/11, 40869-872/11,
40875/11 & 40879/11 (S) DATED 17/10/2012.
IN WRIT APPEAL Nos. 197-246 & 4331-4340 / 2013 :
BETWEEN :
1. DR. A M SHIVAKUMAR
S/O A.R. MURUGENDRA GOWD,
A/A 64 YRS, NO.1241, BEML III STAGE, NEAR
KANAKADASA CIRCLE, RAJARAJESWARINAGAR,
BANGALORE-560 098.
2. SUNDAR RAM
AGED ABOUT 62 YEARS,
S/O LATE S.N. SHAMA RAO,
R/A # 1, AMBA KRUPA, BASAPPA LAYOUT,
BANGALORE-19.
3. M.S. NARASE GOWDA
AGED ABOUT 63 YEARS,
S/O SANJEEVE GOWDA,
NO.383/A, 1ST MAIN, 4TH PHASE, SFS, 407,
YELAHANKA NEW TOWN, BANGALORE-64.
4. DR. B.S. GANGADHARA S/O SIDDAIAH
AGED ABOUT 65 YEARS,
R/AT NO.65, 4TH CROSS, 36TH MAIN. DOLLARS
SCHEME, BTM 1ST STAGE, BANGALORE-68.
5. DR. G.S. JAYAPRAKASH REDDY
AGED ABOUT 64 YEARS,
S/O G.V. SANJEEVA REDDY,
R/A # 56, 1ST FLOOR, 2ND MAIN, KEB LAYOUT,
B.T.M. 1ST STAGE, BANGALORE-29.
(SINCE DEAD, LR APPLICATION IS FILED)
: 14 :
6. DR. T.M. LAXMINARAYANA
S/O MALAYAPPA, AGED ABOUT 63 YEARS,
NO.6/11 A, 1ST FLOOR, OPP: ANJANEYA TEMPLE, N.S.
PALYA, BTM 2ND STAGE, B.G. ROAD, BANGALORE-76.
7. DR. V.S.SUNDARA MURTHY,
S/O SRINIVASA, AGED ABOUT 65 YEARS,
R/A NO. 171, 4TH 'B' MAIN ROAD,
4TH STAGE, IV BLOCK, BASAVESHWARANAGARA,
BANGALORE - 560 079.
8. DR. G.NAGARAJ
AGED ABOUT 64 YEARS, S/O H. GURURAJU,
R/A NO.14, SRI SAPTAGIRI, 1ST CROSS, 29TH A MAIN,
BTM LAYOUT, BANGALORE-68.
9. H.M. RUDRAIAH
AGED ABOUT 63 YEARS, S/O H.R. MURUGAIAH,
NO.171, JAYARAM LAYOUT, OPP: SARALA BIRLA
ACADEMY, BANNERGHATTA ROAD, BANGALORE-68.
10. DR. H.K PRAKASH
AGED ABOUT 64 YEARS, S/O S.H. KRISHNAPPA,
NO.20, "SARADA" 5TH CROSS, AKSHAYA NAGAR
(WEST), BANGALORE-68.
11. Y.N. ANJANAPPA
AGED ABOUT 62 YEARS, S/O LATE NARAYANAPPA,
# 215/A, (BMP 26), 8TH MAIN, 6TH CROSS,
G.M. PALYA, NEW THIPPASANDRA POST,
BANGALORE-13.
12. G.R. SHADAKSHARI
S/O LATE G. REVANNAIAH,
AGED ABOUT 62 YEARS, R/A NO.48, N.S. PALYA,
BTM 2ND STAGE, 16TH MAIN, 7TH A CROSS,
BANGALORE-76.
13. C.S. KRISHNA MURTHY
AGED ABOUT 64 YEARS, S/O C.S. SHAMANNA,
R/A SNEHALAYA, SHARIEF COLONY,
HOLENARASIPURA ROAD, HASSAN-573 201.
14. SMT. LAXMI N. HARI
AGED ABOUT 58 YEARS,
W/O K.L. NARAHARI, NO.196, 5TH CROSS, 5TH MAIN,
: 15 :
BSK 3RD STAGE, C.K. ACHKATTU,
BANGALORE-85.
15. SMT. N. MUTHILI
W/O V.K.GURURAJU, AGED ABOUT 62 YEARS,
R/A NO. , 4TH B BLOCK, 7TH A CROSS,
KORAMANGALA, BANGALORE-68.
16. G.N. SHIVAREDDY
AGED ABOUT 63 YEARS, S/O NARAYANAPPA,
R/A 41/A, 3RD CROSS, AMRUTHNAGAR,
SECTOR-A, SAHAKARANAGARA,
BANGALORE-560 092.
17. SHIVASHANKAR CHETTY
AGED ABOUT 63 YEARS, S/O GUNDAPPA,
# 19-1-15, NEW ADASHKA COLONY, AF STATION RD,
BIDAR-585 401.
18. SAMPANGI
AGED ABOUT 66 YEARS, S/O RAMAIAH,
R/A # 17/A, 16TH CROSS, 7TH MAIN ROAD, RAMA'S
LAYOUT, LAKKASANDRA, BANGALORE-30.
19. PRAKASH KULKARNI
AGED ABOUT 62 YEARS, S/O BHEEMA KULKARNI,
R/A 205, 6TH CROSS, 5TH A MAIN, RPC LAYOUT.
HAMPINAGARA, BANGALORE-560 104.
20. B. CHANDRASHEKAR
AGED ABOUT 63 YEARS, S/O BETTAIAH,
R/A NO.1, BYRAWESWARANILAYA, RAGHAVENDRA
COLONY, 19TH MAIN, BTM LAYOUT, 1ST STAGE,
BANGALORE-29.
21. SMT. H.K. JYOTHI
AGED ABOUT 55 YEARS,
W/O THIRUMALACHAR, CH NO.53, 5TH CROSS,
K.R.VANA, MYSORE-570 001.
22. SMT. S. NIRMALA
AGED ABOUT 57 YEARS, W/O JAYPALA,
NO. 208, 2ND B MAIN ROAD, II STAGE, GOKULA,
MYSORE-570 001.
23. A.S. CHANDRASHEKAR
: 16 :
AGED ABOUT 61 YEARS, S/O SHAMBU GOWDA,
R/A ASARE, 3RD CROSS, TEACHER COLONY,
MADDUR TOWN, MANDYA DISTRICT-571 401.
24. SMT. SUJAYAKUMARI
AGED ABOUT 57 YEARS,
W/O N. SRIKANT, NO. 860/1/A, SUNNADAKERE, 1ST
CROSS, K.R. MOHALLA, MYSORE-570 001.
25. SHIVANAGOUDA MAGANUR
S/O RAMANAGOUD MAGANUR,
AGED ABOUT 64 YEARS,
R/A "SRI RENUKA NILAYA", MAHAMANE EXTN.
KARNATAKA UNIVERSITY ROAD, DHARWAD-580 003.
26. BASAVARAJ BANAKAR
AGED ABOUT 64 YEARS,
S/O AJJAPPA, R/A BASAVAPUSHPA,
NEAR DTC, 2ND CR., GANDHINAGAR, DHARWAD-4.
27. BASAVARAJ PADANUR
AGED ABOUT 65 YEARS,
S/O CHANNAPPA A. PADANUR,
R/A "SRIDEVIPRASAD" NEAR DTC HOSTEL, 1ST
CROSS, GANDHINAGAR, DHARWAD-580 004.
28. GANGAPPA HULIKERE
AGED ABOUT 65 YEARS, S/O KARIBASAPPA
HULIKERE, R/A SRI VENKATESWARAKRUPA
OPP: ESWAR TEMPLE, DHARWAD - 580 004.
29. B. CHANDRAPPA
AGED ABOUT 64 YEARS, S/O BASAVANTHAPPA,
R/A PLOT NO.79, BASAVESWARANILAYA, NEAR
RUDSET, GANDHINAGAR,DHARWAD - 580 004.
30. DODDALAKKANNA GOWDA
S/O DODDE GOWDA, A/A 65 YRS,
R/A "SRIRANGA", NEAR DR.RAJKUMAR PARK,
SARASWATHIPURA, TUMKUR - 102.
31. B DEVARAJ
S/O BODAPPA, A/A 63 YEARS, R/A C/O
NARASEGOWDA, BSK II STAGE, SHANTHINAGAR,
KUMTAIAH L/O, TUMKUR - 102.
: 17 :
32. N L NAGANARASIMHAN
S/O LAXMI NARASIMHAIAH, A/A 63 YEARS,
R/A SOWRABHA, NH 20, HEGGERE MAIN EXTN.,
SSMC HEGGERE, TUMKUR - 102.
33. SMT A N LALITHA
W/O NAGARAJ, A/A 62 YEARS,
R/A 'SRILALITHA', 1791, 15TH MAIN, 1ST STAGE,
5TH BLOCK, HBR L/0, BANGALORE-43.
34. SMT K G CHUDAMANI
W/O S.VENKATESH, A/A 60 YEARS, 298, 8TH MAIN
6TH CROSS, MICO L/O, 1ST STAGE, ARAKERE,
B.G.ROAD, BANGALORE-76.
35. M CHANDRAN
S/O MUNISWAMY, A/A 57 YEARS,
# 119/C, MARIAS STUDIO CR.
THANISANDRA MN RD. ARABIC COLLEGE
NAGARAVARA, BANGALORE-4.
36. M S RAMCHANDRAPPA
S/O ONKARAN, A/A 65 YEARS, R/A NO.331,
4TH E CROSS, HRBR III BLOCK, KALYANANAGAR,
BANGALORE-43.
37. G BABU
S/O LATE B.GURAPPA,
A/A 64 YEARS, # 47/5, 6TH MAIN RD,
TATA SILK FARM, BANGALORE - 37.
38. H P RENUKASWAMY
S/O LATE H.R.PUTTAPPA, RETD. ASST. MANAGER,
A/A 57 YEARS, R/A "SRIKRUPA" 6TH CROSS,
SAMPIGE ROAD, CB LAYOUT, UPPARAHALLI,
TUMKUR-102.
39. N NAGARAJAIAH
S/O LATE K.P.NARASAPPA,
A/A 63 YEARS, RETD.EXTN.OFFICER, R/A
"NARASIMHASWAMY NILAYA", 2ND CROSS,
MANDARA ROAD, GOKULA EXTN.
TUMKUR-102.
40. SMT K S MEENAXI
W/O SRI.K.S.SATISH, A/A 62 YEARS,
: 18 :
R/A #168, 6TH CROSS, BDS GARDEN,
GEDDALAHALLI, KOTHANUR POST,
BANGALORE-77.
41. SRINIVAS DESHPANDE
S/O MAHADEVA RAO, A/A 63 YEARS,
R/A # FLAT NO.9, SRI GANESH APARTMENT,
RAJATAGIRI, DHARWAD-580 004.
42. BASAVANNEPPA SUNKAPUR
S/O VEDERAPPA SUNKAPUR,
A/A 67 YEARS, R/A MALGIRI PLOT, 2ND CROSS,
HUNSABHAVI ROAD, BYADAGI - 580 004.
43. S BHANUMATHI
W/O K.R.PRASAD, A/A 62 YEARS,
1435, 6TH CROSS UPSTAIRS,
KRISHNAMURTHY PURA, MYSORE-4.
44. CHANNE GOWDA
S/O SINGRI GOWDA,
A/A 63 YERS, # 253, SRI LINGALAXMI NILAYA,
BEHIND MCE LADIES HOSTEL, VIDYANAGARA,
HASSAN-573 202.
45. H C ESWAR PRAKASH
S/O H C CHANNABASAPPA,
A/A 62 YEARS, # 16, GEETHANJALI,
TEMPLE ROAD, 6TH MAIN, 1ST CROSS, VINAYAKA
NAGAR, JAYALAXMIPURA, MYSORE-570 012.
46. B V MUNIRAJU
S/O VENKATASWAMAPPA, A/A 64 YEARS,
R/A # 2330, C BLOCK, SAHAKARANAGAR,
BANGALORE-92.
47. PRAKASH GOURGONDA
S/O BABU RAO, A/A 64 YEARS, NO.1782,
SATYAMARGA, SECTOR 10,
ANJANEYA NAGAR, BELGAUM 590 016.
48. K S TOTAPPANAVAR
S/O S.H.TOTAPPANAVAR
A/A 62 YRS, #445, 13TH MAIN, MANJUNATH NAGAR,
IIIRD STAGE, 1ST BLOCK, WEST OF CHORD ROAD,
BANGALORE-10.
: 19 :
49. S S PATIL
S/O SIDDALINGANA GOUDA, A/A 64 YRS
# 205, IIND FLOOR, SETELLITE SPLENDOUR
APPARTMENTS, SUNCITY RD, KENGERI SATELLITE
TOWN, BANGALORE-60.
50. K CHIKKAPPA
S/O DODDAPPA, A/A 64 YEARS,
# GOWRAMBA NILAYA, 60 FEET ROAD,
6TH CROSS, CHANNEL AREA,
VINOBANAGAR, SHIMOGA-577 204.
51. N MAHESWARAPPA
S/O NINGAPPA, A/A 62 YRS,
# BHAVIMANE, MALLESHWARA NAGAR
MAIN ROAD, GUNDAPPA SHED,
SHIMOGA - 577 204.
52. K C ANNAPPA
S/O CHOUDAPPA, A/A 66 YEARS,
SRI KAMALA NILAYA, D.NO.102,
D BLOCK, IIND E MAIN, JH PATEL EXTENTION,
KOTEGANGUR POST, SHIMOGA-577204.
53. K HONNAPPA
S/O KARE GOWDA, A/A 62 YEARS,
NO.46, 7TH CROSS, ANNAPURNESWARI TEMPLE
RD. BSK 3RD STAGE, BANGALORE-85.
54. KEMPAIAH
S/O VARADAYYA, A/A 56 YEARS,
ANCHANAHALLI, TENDEKERE POST,
K.R.PET TQ.
55. A C KRISHNA
S/O CHINNAPPA, A/A 62 YRS # 94, 2ND CROSS,
4TH BLOCK, 6TH MN.RD., TYAGARAJANAGAR,
BANGALORE-560 028.
... APPELLANTS
( BY SRI RAVI B. NAIK, SR. CL. FOR
SRI V. VISHWANATH AND
SRI U S SANJEEVA MURTHY, ADVS. )
: 20 :
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
TO GOVERNMENT, ANIMAL HUSBANDRY AND
FISHERIES DEPARTMENT, 4TH FLOOR,
VIKASA SOUDHA, BANGALORE-560 001.
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION,
KMF COMPLEX, HOSUR ROAD, DRC POST,
BANGALORE-560 029.
... RESPONDENTS
( BY SRI BASAVARAJ KAREDDY, PRL. GA FOR R1. )
WRIT APPEALS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN WRIT PETITION NOS. 35010-25/11, 35027-
36/11, 35038-50/11, 35052-54/11, 35056-60/11 & 35062-
69/11 DATED 17/10/2012.
IN WRIT APPEAL NOs. 249-298 & 4445-4464 / 2013
BETWEEN :
1. T RAMARAO
S/O RANGA RAO, AGED ABOUT 64 YEARS
NO.156/2B, 1ST CROSS,
MUNESWARA EXTN., HULIMAVU. B.G. ROAD,
BANGALORE-76.
2. SMT. YESHODAMMA,
W/O. M. ANAND, AGED ABOUT 66 YEARS,
R/AT RAMACHANDRAPPA BUILDING,
8TH CROSS, CENTRAL JAIL ROAD,
HOSUR ROAD, ELECTRONIC CITY POST,
BANGALORE - 560 100.
3. DR. BALASUBRAMANYAM,
S/O. NARAYANA RAO, AGED ABOUT 63 YEARS,
: 21 :
34TH MAIN, BTM SECOND STAGE,
BANGALORE - 560 068.
4. SYED SAMIULLA
S/O SYED AMEEN, AGED ABOUT 62 YEARS
#4122, NEAR MOSQUE,
YATHEGEDAHALLI ROAD, V V LAYOUT, GUTTAL,
MANDYA - 571 401.
5. K V PARIMALA
S/O VASUDEVA CHAR, AGED ABOUT 68 YEARS
#354, 5TH MAIN, BSK 1ST STAGE, SRINAGAR
BANGALORE - 50.
6. N.J. KEMPEGOWDA,
S/O. JAVARE GOWDA, AGED ABOUT 66 YEARS,
R/AT NO. 14/1, 1ST CROSS,
MUNIKRISHNAPPA LAYOUT, KORAMANGALA,
AUDUGODI, BANGALORE - 30.
7. DR. P.S. CHANDRASHEKARAPPA,
S/O. SHIVALINGAPPA P.M
AGED ABOUT 69 YEARS,
606, 10TH B CROSS, 4TH MAIN,
MAHALAKSHMIPURA, BANGALORE - 86.
8. HALE GOWDA
S/O BUDI GOWDA, AGED ABOUT 62 YEARS
#108, BHADRASANKEERNA, 9TH BLOCK
KSRP QUARTERS, KORAMANGALA
BANGALORE - 34.
9. V NARASIMHAIAH
S/O VENKATAPPA, AGED ABOUT 61 YEARS
NO.845, 14TH CROSS, CHANDRA LAYOUT
1ST STAGE, 1ST PHASE, BANGALORE - 72.
10. BOJAPPA C C
S/O KARIYAPPA, AGED ABOUT 62 YEARS
NO.400, KRISHNA KRUPA
13TH CROSS, LAKKASANDRA EXTENSION,
BANGALORE - 30.
11. MD. KALLANDAR
S/O SABJANSAB, AGED ABOUT 65 YEARS
R/A NO.153, 8TH CROSS, DAIRY CIRCLE
: 22 :
S R NAGAR, B G ROAD,
BANGALORE - 560 027.
12. T K NARASIMHAIAH
S/O KUMBAIAH, AGED ABOUT 63 YEARS
#9/10, VYKUNTA, TELECOM LAYOUT
VIRUPAKSHAPURA, BEHIND TENNIS VILLAGE
VIDYARANYAPURA POST, BANGALORE - 97.
13. S M MAHADEVAPPA
S/O MADAPPA, AGED ABOUT 65 YEARS
R/AT SORUGURU VILLAGE, MALAVALLI TALUK
MANDYA DISTRICT - 571 401.
14. A SHIVARAMAIAH
S/O ANJANAPPA, AGED ABOUT 64 YEARS
R/A VISWANATHAPURA, DEVANAHALLI TALUK,
BANGALORE - 562 110.
15. P GOVINDARAJU
S/O M PILLAPPA, AGED ABOUT 58 YEARS
NO. 444, 2ND BLOCK, 9TH PHASE,
J P NAGAR, AVALAHALLI BDA LAYOUT,
ANJANAPURA, BANGALORE - 560 062.
16. LOKESH CHANDRA
S/O MUDDA VEERAPPA, AGED ABOUT 63 YEARS
NO.5/1, RAMANNA PET, BANGALORE - 2.
17. M G HEGDE
S/O GANAPATHI HEGDE, AGED ABOUT 62 YEARS
NO.17, LAXMI VENKATESHWARA NILAYA,
3RD CROSS, ARAKERE MAIN ROAD
B G ROAD, IIM POST, BANGALORE - 76.
18. PURUSHOTHAM
S/O LATE BALAPPA, AGED ABOUT 62 YEARS
NO.9, MUKAMBIKA NILAYA,
1ST CROSS, JAYADEVANAGAR, K R S ROAD
B G HALLI, MYSORE - 571 602.
19. KRISHNA MURTHY
S/O BUTCHAPPA, AGED ABOUT 62 YEARS
NO.2333, 4TH CROSS,
KANAKANAGAR, R T NAGAR POST,
BANGALORE - 32.
: 23 :
20. M. NARAYANASWAMY,
S/O. THIRUMALA CHAR, AGED ABOUT 64 YEARS,
NO.126, 5TH CROSS, TEACHERS BSK 2ND STAGE,
BANGALORE - 560 070.
21. M MUNINARAYANA
S/O MUNIVENKATAPPA, AGED ABOUT 64 YEARS
NO.1300, PWD 1ST CROSS,
NRUPATHUNGA ROAD, APPA AMMA NILAYA,
HASSAN - 573 201.
22. NANJUNDASWAMY
S/O SIDDEGOWDA, AGED ABOUT 63 YEARS
#D NO 4555, 1ST FLOOR, 80 FEET ROAD, 16TH
CROSS, NEAR K D CIRCLE, VIJAYANAGAR
EXTENSION, MYSORE - 570 017.
23. A L RAMACHANDRA
S/O LAKKE GOWDA, AGED ABOUT 65 YEARS
# AGILE VILLAGE, KASABA HOBLI
HASSAN TALUK - 573 205.
24. R C DEVARAIAH
S/O CHANNAMALLAIAH, AGED ABOUT 64 YEARS
B NO 5858, SARASWATHIPURA,
7TH CROSS, HASSAN - 201.
25. V D NARARAJU
S/O DASE GOWDA, AGED ABOUT 62 YEARS
R/A #OPP GOVT SCIENCE COLLEGE
SARASWATHIPURA, SALAGAMI ROAD
HASSAN - 573 201.
26. T R PRABHAKAR
S/O K B RAMAIAH, AGED ABOUT 61 YEARS
#39, 9TH CROSS, 16TH MAIN
BTM 1ST STAGE, D R COLLEGE POST
BANGALORE-29.
27. K V NAGABHUSHAN
S/O K VENKATASWAMY, AGED ABOUT 61 YEARS
#89, 2ND CROSS, 2ND MAIN
HANUMANTHANAGAR, HASSAN - 573 201.
: 24 :
28. BASAVARAJ,
S/O. B. CHIKKARUDRAIAH,
AGED ABOUT 63 YEARS,
R/AT MALLASANDRA VILLAGE,
TANK ROAD, NANDINI LAYOUT,
MALLASANDRA, TUMKUR TALUK - 572 101.
29. H.K. RAMACHANDRA,
S/O. H.N. KRISHNA MURHTY,
AGED ABOUT 69 YEARS,
R/AT 10/20, 8TH B CROSS,
3RD MAIN ROAD, SRINIVASANAGAR,
BSK 3RD STAGE, BANGALORE - 560 085.
30. H. DASAPPA,
S/O. HANUMANTHAPPA, AGED ABOUT 66 YEARS,
R/AT NO. 10, 5TH 'A' CROSS,
EJIPURA RA ROAD, VIVEKANAGAR POST,
BANGALORE - 47.
31. DR S DAYANANDA
DEAD BY LR HIS WIFE SMT. PRABHA SARODE
AGED ABOUT 65 YEARS
#8, 41ST CROSS, 8TH BLOCK
JAYANAGAR, BANGALORE - 41.
32. B S NAGARAJA
AGED ABOUT 68 YEARS
R/A #1276, 2ND CROSS, 2ND STAGE,
SRIRAMAPURA, MYSORE - 23.
33. DHINAGARAN
S/O KOLLAPURI, AGED ABOUT 62 YEARS
3, 3RD MAIN ROAD, LAXMAMMA LAYOUT,
DODDA BANASWADI, BANGALORE - 43.
34. M M DEVAIAH
DEAD BY LR HIS WIFE SMT. PUSHPAVATHI
AGED ABOUT 58 YEARS
R/A # MADENALU VILLAGE & POST
MADEKERE TALUK, COORG - 571 201.
35. S RUBEN
S/O SUSAIRAJ, AGED ABOUT 59 YEARS
R/A #571, 3RD BLOCK, 14TH CROSS
VISWAPRIYA NAGAR, BANGALORE - 68.
: 25 :
36. DR. R. SYED AMEER AHMED,
S/O. RAYADURGA SYED ABDUL KHADERSAB,
AGED ABOUT 62 YEARS,
R/AT 293/A, 3RD MAIN ROAD,
PARVATHINAGAR, BELLARY - 583 104.
37. R.T. PRASANNA,
S/O T.C. THIMMAIAH, AGED ABOUT 56 YEARS,
R/AT DHARMAVARDINI NILAYA,
4TH CROSS, KALPATHARU COLLEGE
OF ENGINEERING, VIDYANAGAR, TIPTUR - 572 202.
38. SRI N. PILLA HANUMAPPA,
AGED ABOUT 58 YEARS,
DEAD BY HIS LR WIFE
SMT. LEELAVATHAMMA,
AGED ABOUT 57 YEARS, R/A NO.1-2393,
BEHIND RAGHAVENDRASWAMY TEMPLE,
N.R. EXTENSION, CHINTAMANI - 563 125.
39. DR LAKSHME GOWDA
S/O DASE GOWDA, AGED ABOUT 64 YEARS
R/A #49, VENKATESWARA LAYOUT
PANCHIM ORCHARD, 5TH MAIN,
5TH A CROSS, ABBIGERE, BANGALORE - 63.
40. P. JAYASHANKAR,
S/O. G.S. PUTTALINGAPPA,
AGED ABOUT 63 YEARS,
R/AT D.NO. 89, GONDHIBASAVANAHALLI,
MADAPATNA POST, KUSHALNAGAR TALUK,
COORG DISTRICT - 571 201.
41. N SELVANARAYANAN
S/O H S NARASIMHAN, AGED ABOUT 62 YEARS
#NO.4, 4TH CROSS, N R COLONY, BANGALORE - 19.
42. N. SHIVARAMU,
S/O. NANJEGOWDA, AGED ABOUT 64 YEARS,
R/AT VADDARAHALLI VILLAGE & POST,
CHANNARAYAPATNA - 573 116.
43. H D PUTTASWAMY
S/O DASEGOWDA, AGED ABOUT 61 YEARS
R/A NO 210, LIG, 26TH CROSS, KUVEMPUNAGAR
: 26 :
HASSAN - 573 201.
44. M R SHASHIKUMAR
S/O RANGE GOWDA, AGED ABOUT 63 YEARS
NO 1315, 5TH CROSS, SHANKARIPURA
HASSAN - 573 201.
45. J CHALUVE GOWDA
S/O JUNJE GOWDA, AGED ABOUT 63 YEARS
R/A AGILE VILLAGE, HASSAN TALUK - 573 201.
46. D KRISHNE GOWDA
S/O DEVARAJE GOWDA, AGED ABOUT 60 YEARS
#535, DEVI KRUPA, BEHIND P & T QRTS
SHANKARIPURA - 573 201.
47. C S NARAYANA MURTHY
S/O SHESHAGIRI RAO, AGED ABOUT 55 YEARS
R/A #E-161/A-175 SHIRKE APARTMENT
DUBASIPALYA, BANGALORE - 60.
48. D V VENKATARAYAPPA
S/O VENKATARAYAPPA, AGED ABOUT 67 YEARS
R/A ANNIGATTA VILLAGE, BIDALOOR POST
DEVANAHALLI TALUK - 562 110.
49. P MALLESH
S/O P NARASIMHALU, AGED ABOUT 64 YEARS
R/A LAXMICHANNAKESHAVANILAYA
OPP: MMLD KATENAKOPPALU, ARASIKERE
ROAD/ROUTE, HASSAN - 573 201.
50. NANJEGOWDA
S/O NARAYANAPPA, AGED ABOUT 70 YEARS
R/A #216, 5TH MAIN, 6TH CROSS
KODIHALLI, ULASOOR POST, BANGALORE - 8.
51. G.T. VENKATESH,
S/O. THIMMEGOWDA, AGED ABOUT 63 YEARS,
R/AT NO. 28/8-5, 15TH CROSS,
JAYANAGAR, 3RD BLOCK, BANGALORE - 11.
52. K B BASAVARAJA
S/O BYRAPPA, AGED ABOUT 60 YEARS,
C/O K B JAYASHREE, NEAR/OPP
KIMPCO FACTORY, BM ROAD,
: 27 :
HASSAN - 573 201.
53. K R BASAVARAJA
S/O RANGAIAH, AGED ABOUT 57 YEARS
#363, 10TH CROSS, KHB L/O
KUVEMPUNAGAR, MYSORE - 570 023.
54. M T NARAYANA
S/O THIMMEGOWDA, AGED ABOUT 58 YEARS
R/A ADOHALLI, ASHOKA EXTENSION
BEHIND KSRTC DEPOT, HASSAN - 573 201.
55. LAKSHME GOWDA
S/O NANJEGOWDA, AGED ABOUT 63 YEARS
R/A CHIGALLI VILLAGE, KOUSHIKA POST,
HASSAN - 573 201.
56. PUTTASWAMY,
S/O. BASAVAIAH, AGED ABOUT 67 YEARS,
R/AT 3996, NEAR HAMPI CIRCLE,
VIJAYANAGAR 2ND STAGE, MYSORE - 570 017.
57. K MOHAN
S/O K NARASIMHA, AGED ABOUT 63 YEARS
#1225, IRWIN ROAD, SRINIVASA MEDICAL STORES
(UPSTAIRS), MYSORE - 1.
58. T H SHIVAKUMARASWAMY
S/O TSG HUTCHAPPA, AGED ABOUT 62 YEARS
R/A 736, 2ND MAIN, KHBCS LAYOUT
NAGADEVANAHALLI, JNANABHARATHI POST,
BANGALORE - 56.
59. P PADMARAJ
S/O PUTTE GOWDA, AGED ABOUT 66 YEARS
R/A GADEHALLI VILLAGE, HASSAN TALUK - 573 201.
60. SRI J. THIMME GOWDA,
S/O. JAVARE GOWDA, AGED ABOUT 66 YEARS,
R/AT. GADEHALLI, HASSAN TALUK - 573 201.
... APPELLANTS
( BY SRI RAVI B. NAIK, SR. CL. FOR
SRI V. VISHWANATH AND
SRI U S SANJEEVA MURTHY, ADVS. )
: 28 :
AND:
1. STATE OF KARNATAKA
SECRETARY TO GOVERNMENT,
ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA, BANGALORE-1.
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION,
KMF COMPLEX, DRC POST,
BANGALORE- 560 029.
... RESPONDENTS
( BY SRI BASAVARAJ KAREDDY, PRL. GA FOR R-1. )
WRIT APPEALS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN WRIT PETITION Nos.12527-34/12, 12536-60/12,
12562-65/12, 12567-70/12, 12572-73/12, 12575/12,
12577-81/12, 12585-86/12 & 12588-96/12 DATED
17/10/2012.
THESE APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA, J, DELIVERED THE
FOLLOWING:
JUDGMENT
These appeals assail the order of learned Single Judge dated 17.10.2012 passed in Writ Petition Nos. 12527-96/2012 and connected Writ Petitions.
2. The brief facts of the case are that, the appellants, who are the petitioners in their respective Writ Petitions, : 29 : had called in question the communication dated 18.7.2006 issued by the Karnataka Co-operative Milk Producers Federation Limited (for short referred to as 'the KMF'), Respondent No.2 herein. The petitioners had made a representation seeking pensionary benefits in terms of the Karnataka Civil Services Rules (KCSR) on the premise that they were earlier working in the Karnataka Dairy Development Corporation (KDDC) and by a general circular dated 18.9.1976, it was clarified that the service rules that were applicable to the Government Servants were also applicable to the employees of KDDC, except badli, temporary, unskilled, skilled and casual labourer appointed on daily basis or monthly rated employees appointed either by the Corporation or by its units/Unions. It is their case that, on the formation of KMF, option was to be exercised by the employees of the KDDC to opt as to whether they would continue their services with the KDDC or KMF. On the representations made by the petitioners for grant of pensionary benefits, a communication dated 18.7.2006 was issued on behalf of Respondent No.2 by the Additional Director (Administration) stating that the : 30 : petitioners were not entitled to pensionary benefits as are applicable to Government Servants. The said communication (Annexure-J) was assailed before the learned Single Judge.
3. Learned Single Judge, on considering the cases of the respective parties, has noted that there was absence of material before the court so as to give any positive direction with regard to the petitioners being entitled to any pensionary benefits as are received by the Government Servants. However, learned Single Judge reserved liberty to the petitioners to produce the relevant material in order to show that they were similarly placed to the employees, who had the benefit of pension, and, on the production of such material, the concerned authorities to consider their representation and to dispose of the same in accordance with law. Learned Single Judge also noted that, in case the representation of the petitioners is rejected, they are at liberty to raise a dispute in accordance with law. With the above observations, the Writ Petitions were disposed of. Being : 31 : aggrieved by the said order, the writ petitioners are in appeal.
4. We have heard learned senior counsel for the appellants and learned Principal Government Advocate for Respondent No.1 and perused the material on record.
5. During the course of submissions, what has been brought to our notice is, the fact that even if the appellants make one more representation in their endeavour to bring to the notice of the concerned authority their right to the pensionary benefits, having regard to the communication at Annexure-J dated 18.7.2006, application of mind afresh on their representation by the authority concerned cannot be expected. Therefore, it was contended that Annexure-J dated 18.7.2006 be set aside and the appellants would make one more endeavour to place relevant material before the concerned authority for seeking pensionary benefits as are accorded to the Government Servants.
6. We have perused the contents of Annexure-J impugned in the Writ Petitions and also the order of : 32 : learned Single Judge. Though Annexure-J had not been set aside by learned Single Judge, having regard to the directions and observations made in paragraph-11 of the impugned order, the substance and effect of the same is virtually directing the concerned authority to consider the case of the appellants without having recourse to Annexure-J. In that view of the matter, it would not be necessary to interfere with the order impugned in these Writ Appeals. The appellants are at liberty to produce the relevant material before the concerned authority in order to demonstrate that they are similarly placed as Government Servants and are entitled to pensionary benefits. If the said material is placed before the concerned authority, the same to be considered in accordance with law and without prejudice to what is stated in the communication dated 18.7.2006 (Annexure-J) but having regard to the relevant Rules and Regulations which are applicable. This clarification, in our view, would meet the ends of justice.
7. The Writ Appeals are, therefore, disposed of with the aforesaid clarification. If any representation is made : 33 : by the appellants, then, the concerned authority to consider the said representation as expeditiously as practicable.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE ckc/-