Karnataka High Court
Sri M K Swamy Gowda vs State Of Karnataka on 2 December, 2024
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NC: 2024:KHC:49615
WP No. 27413 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 27413 OF 2024 (LA-KIADB)
BETWEEN:
1. SRI. M.K. SWAMY GOWDA
S/O KEMPEGOWDA,
AGED ABOUT 68 YEARS
R/AT NO. 428, 7TH 'A' MAIN,
HEBBAL I STAGE, METAGALLI POST
MYSURU - 16
(SITE NO.304, SURVEY NO.49).
2. SRI. THIPPEGOWDA
S/O CHIKKANNA,
AGED ABOUT 66 YEARS,
R/AT NO.60, 2ND MAIN,
LOKANAYAKA NAGAR,
HEBBAL I STAGE,
METAGALLI POST,
MYSURU - 16 (SITE NO. 305, SURVEY NO.49).
Digitally signed by 3. SRI. SHEKARAPPA
ARUNKUMAR M S
Location: High S/O KESHAVAIAH,
Court of Karnataka AGED ABOUT 62 YEARS,
II MAIN ROAD, I STAGE,
HEBBAL, MYSURU - 16
(SITE NO. 308, SURVEY NO.49)
4. SRI. B. RAJAKUMAR
S/O BOREGOWDA,
AGED ABOUT 58 YEARS,
R/AT YELEKERE VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT ,
(SITE NO.313, SURVEY NO.49).
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WP No. 27413 of 2024
5. SRI. M.N. RAMU
S/O LATE NAGE GOWDA,
AGED ABOUT 66 YEARS,
R/AT M. SHETTY HALLI,
K. SETTY HALLI HOBLI,
S.R.PATTANA TALUK,
MANDYA DISTRICT
(SITE NO.329 SURVEY NO.49).
6. SRI. G. UMESH RAO
S/O GANESH RAO,
AGED ABOUT 65 YEARS,
R./AT NO. 54, I MAIN VIKRANT GUEST HOUSEE,
OPP. NIRAMALA CONVENT, VONTIKOPPAL
MYSURU - 16 (SITE NO. 330, SURVEY NO.49)
7. GOWRAMMA
W/O LATE GANGADHARA
AGED ABOUT 58 YEARS,
R/AT NO.112, 8TH 'A' MAIN,
6TH CROSS, HEBBAL 1ST STAE,
MYSURU - 570016
(SITE NO. 342/A SY. NO.49).
8. SMT. SRISHAILA
W/O B.R. SHIVASHANKAR,
AGED ABOUT 52 YEARS,
R/AT RAGI BOMMANA HALLI,
MALAVALLI TALUK,
MANDYA DISTRICT
(SITE NO. 333, SURVEY NO.49)
9. SRI. R. SRIKANTA
S/O R RUDRAPPA,
AGED ABOUT 64 YEARS,
R/AT NO.49, 2ND MAIN,
YADAVAGIRI, MYSURU - 20
(SITE NO. 338, SURVEY NO.49).
10. SRI. B. MANJUNATHA
S/O BOREGOWDA,
AGED ABOUT 67 YEARS,
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WP No. 27413 of 2024
R/AT NO.177, 5TH CROSS,
HEBBAL, II STAGE,
MYSURU - 17
(SITE NO. 340/A SURVEY NO.49).
11. SRI. S.A. LAKSHME GOWDA
S/O ANKEGOWDA,
AGED ABOUT 62 YEARS,
R/AT NO. 195, 8TH MAIN,
HEBBAL I STAGE,
METAGALLI POST,
MYSURU - 16
(SITE NO. 342/B, SURVEY NO.49).
12. SRI. T. SRINIVASA
S/O THIRUMALE GOWDA,
AGED ABOUT 59 YEARS,
R/AT NO.744, III STAGE,
HEBBAL, METAGALLI POST,
MYSURU - 16
(SITE NO. 347, SURVEY NO.49)
13. SRI. N. SRIKANTA MURTHY
S/O NANJAIAH
AGED ABOUT 64 YEARS,
R/A NO. 198/B, 5TH CROSS,
NIMISHAMBHA LAYOUT,
KUVEMPUNAGARA,
MYSURU,
(SITE NO. 351, SURVEY NO. 49).
14. SUJATHA A. SETTY
W/O ANKKASETTY
AGED ABOUT 53 YEARS,
R/A NO.146,
2ND CROSS, ROOPANAGARA BOGADI
MYSURU.
(SITE NO. 354, SURVEY NO. 49).
15. S.G. SHIVAKUMAR
S/O. M.K. GOWDEGOWDA,
AGED ABOUT 65 YEARS,
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WP No. 27413 of 2024
R/AT NO. 18/B,
2ND 'A' CROSS,
4TH MAIN, V.V. MOHALLA,
MYSURU-2.
(SITE NO. 365, SURVEY NO.88/1)
16. MANJU
S/O. RACHAIAH,
AGED ABOUT 59 YEARS,
R/AT NO.366, MUNESWARA SWAMY LAYOUT,
MOOGARAHALLI,
SRIRANGAPATTNA TALUK,
MANDYA DISTRICT.
(SITE NO. 366 SURVEY NO.88/1).
17. NASEER AHAMED
S/O. SHEK AHAMAD KHASIM,
AGED ABOUT 68 YEARS,
R/AT NO.548, WEST PARK,
AVENUE HOSANAGAR,
BOGADI, MYSURU-26,
(SITE NO. 368 SURVEY NO.88/1).
18. K. GOVINDARAJU
S/O. KULLEGOWDA,
AGED ABOUT 64 YEARS,
R/AT PALLAHALLI,
SRIRANGAPATTNA TALUK,
MANDYA DISTRICT,
(SITE NO.374 SURVEY NO.88/1)
19. M.R. KESHAVA PRASAD
S/O. S. RANGANATHA,
AGED ABOUT 65 YEARS,
R/AT NO. 289, 7TH 'A' MAIN,
HEBBAL I STAGE,
METAGALLI POST,
MYSURU-16,
(SITE NO. 375 SURVEY NO.88/1)
20. M.B. KRISHNE GOWDA
S/O. BORE GOWDA,
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WP No. 27413 of 2024
AGED ABOUT 62 YEARS,
R/AT NO. 628, 3RD CROSS,
HEBBAL 2ND STAGE,
MYSURU-17
(SITE NO. 378 SURVEY NO.88/1).
21. NAGARATHNAMMA
W/O. LATE MOGANNA,
AGED ABOUT 60 YEARS,
R/AT NO. 309,
LOKANAYAK NAGARA,
NEAR GANAPATHI DEVASTANA,
HEBBAL, MYSURU,
(SITE NO. 381 SURVEY NO.88/1).
22. LOKESHACHAR
S/O. KEMPACHAR,
AGED ABOUT 59 YEARS,
R/AT RAMAPURA VILLAGE,
K. SHETTY HALLI HOBLI,
SRIRANGAPATTANA TALUK,
MANDYA DISTRICT,
(SITE NO. 383 SURVEY NO.88/1).
23. THIPPEGOWDA
S/O. KEMPEGOWDA,
AGED ABOUT 66 YEARS,
R/AT NO.60,
2ND 'A' MAIN, LOKANAYAKA NAGARA,
HEBBAL, MYSURU-16,
(SITE NO. 386 SURVEY NO.88/1).
24. P.N. KIRANA KUMAR
S/O. P. S. NAGABHUSHANA RAO,
AGED ABOUT 38 YEARS,
R/AT NO. 104, 3RD 'A' MAIN,
III STAGE, SOUTH OF KUMBARA KOPPALU,
MYSURU-16,
(SITE NO. 389 SURVEY NO.88/1).
25. BHADREGOWDA
S/O. SHIVALINGE GOWDA,
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WP No. 27413 of 2024
AGED ABOUT 56 YEARS,
R/AT NO.27/27,
BANNERGHATTA ROAD,
NEAR POST OFFICE,
GOTTIGERE,
BANGALORE SOUTH,
(SITE NO. 390 SURVEY NO.88/1).
26. SMT. SAROJAMMA
W/O. LATE MANJU,
AGED ABOUT 62 YEARS,
R/AT NO. 284, 6TH CROSS,
MAHADESHWARA EXTENSION,
KUMBARAKOPPAL,
MYSURU-16
(SITE NO. 393 SURVEY NO.88/1).
27. SRI. B.A. RAMACHANDRA
S/O. LATE APPU GOWDA,
AGED ABOUT 64 YEARS,
R/AT NO.224, GARAGE ROAD,
KAVERI EXTENSION,
KUMBARAKOPPAL,
TOLLGATE,
MYSURU-16,
(SITE NO. 332 SURVEY NO.49).
28. SRI. K.C. PEMMAIAH
S/O. LATE K. B. CHANGAPPA,
AGED ABOUT 68 YEARS,
R/AT NO. 383, I BLOCK,
2/2 MAIN, 6TH CROSS,
RAMAKRISHNA NAGAR,
MYSURU-22,
(SITE NO. 384 SURVEY NO.88/1).
29. LAKSHMINARAYANA
S/O. LATE RAMAKRISHNA,
AGED ABOUT 44 YEARS,
R/AT PHALAHALLI VILLAGE,
BHALAGHOLA HOBLI,
SRIRANGAPATTANA TALUK,
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WP No. 27413 of 2024
MANDYA,
(SITE NO. 392, SURVEY NO.88/1).
30. SATHISHKUMAR
S/O. LATE RAMAKRISHNA,
AGED ABOUT 42 YEARS,
R/AT PHALAHALLI VILLAGE,
BHALAGHOLA HOBLI,
SRIRANGAPATTANA TALUK,
MANDYA,
(SITE NO. 392, SURVEY NO.88/1).
31. M. MANJULA
W/O. Y.B. ESHWARA,
AGED ABOUT 56 YEARS,
NO. 222, 6TH CROSS,
MAHADESHWARA EXTENSION,
KUMBARAKOPPAL,
MYSURU-16,
(SITE NO. 353, SY. NO. 49).
32. SRI. S. BASAVARAJ
S/O. LATE SIDDAYYA,
AGED ABOUT 61 YEARS,
R/AT NO.2847/13C,
8TH CROSS, 3RD MAIN,
JAYANAGAR,
MYSURU.
(SITE NO. 349, SY. NO. 49).
33. SMT. LAKSHMAMMA
W/O K.N. MANJU GOWDA,
AGED ABOUT 51 YEARS,
R/AT 720, I MAIN, 15TH CROSS,
B M SRINAGAR, METAGALLI,
MYSURU-16 (SITE NO.331, SY NO.49)
34. SRI. M.N. SHASHIDHAR
S/O LATE M.S. NAGARAJ SHETTY,
AGED ABOUT 61 YEARS,
R/AT 531, NEW KHATHA NO.41,
DWARAKAMAIE,
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WP No. 27413 of 2024
CHALUVAMBA AGRAHARA,
MYSURU
(SITE NO.297, SY NO.49).
35. SMT. JAYAMMA
W/O LATE S.V. RAMEGOWDA,
AGED ABOUT 65 YEARS,
R/AT NO.716, SUBHASH NAGAR,
CHAMUNDESHWARI EXTENSION,
KUMBAR KOPPAL,
MYSURU-16
(SITE NO.309,. SY NO.49).
36. SRI. L. RAJU
S/O LATE LAKSHMANNA,
AGED ABOUT 60 YEARS,
NO.2215, SEC, VIKRANTH TYRES,
MYSURU-16
(SITE NO.380, SY NO.88/1).
37. SRI. J. RAMA SWAMY
S/O LATE M.N. JAWARE GOWDA,
AGED ABOUT 63 YEARS,
R/AT NO./64, 5TH CROSS,
VIJAYANAGAR RAILWAY EXTENSION,
MYSURU-16
(SITE NO.372, SY NO.88/1).
38. SRI BHARATH H.P
S/O LATE H.N. PARAMESH,
AGED ABOUT 40 YEARS,
R/AT NO.14, 2ND CROSS,
MAHALAKSHMI EXTENSION,
OPP. CIPET COLLEGE,
MYSURU-16,
(SITE NO.370, SY NO.88/1).
39. SRI. H. MANJAPPA
S/O LATE HANUMANTHAPPA,
AGED ABOUT 58 YEARS,
R/AT NO.2496, VINAYAKA NAGAR,
PADUVARAHALLI,
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WP No. 27413 of 2024
DEVARAJ MOHALLA,
MYSURU-02 (SITE NO.369, SY NO.88/1).
40. SRI. B.S. LAKSHMIPATHI
S/O LATE B.R. SRINIVAS,
AGED ABOUT 60 YEARS,
R/AT NO.2866, LASHKAR MOHALLA,
HALLADA KERI,
MYSURU-02
(SITE NO.394, SY NO.88/1).
41. SRI. K.N. DEEPAK
S/O LATE B.M. NAGAMALLESH,
AGED ABOUT 44 YEARS,
R/AT NO.504/1, 4TH CROSS,
VENE SHESHANNA ROAD,
MYSURU- 04,
(SITE NO.350, SY NO.49).
42. SRI. P.M. MAHADEVA SHETTY
S/O LATE MADHASHETTY,
AGED ABOUT 62 YEARS,
R/AT NO.EWS, 3RD MAIN,
HEBBAL I STAGE,
MYSURU-16
(SITE NO.314, SY NO.49).
43. SRI. V. KHODANDA RAMA
S/O LATE VENKATRAME GOWDA,
AGED ABOUT 64 YEARS,
R/AT KENNALU VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT.
(SITE NO.293, SY. NO.49).
44. RANI K.C.
W/O P.T. KURIYAN
AGED ABOUT 56 YEARS,
EMPLOYEE NO.2143, SEC
VIKRANTH TYRES (J K TYRES)
MYSURU-16,
(SITE NO.326, SY NO.49).
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WP No. 27413 of 2024
45. SRI DEVID C.S.
S/O LATE F. DEVID
AGED ABOUT 66 YERAS,
NO.132/B, CHIKKA VERRANNA ROAD,
BANNIMANTAP, MYSURU - 10
(SITE NO. 325, SY.NO.49).
46. SRI. M.A. CHUNCHE GOWDA
S/O LATE AMAVASE GOWDA,
AGED ABOUT 64 YEARS,
R/AT BYLADAKERE THOTADAMANE,
GOLLARAHOSAHALLI HOBLI,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT,
(SITE NO.324, SY NO.49).
47. SRI. P. PRABURAJ
S/O LATE M. PUTTAIAH,
AGED ABOUT 65 YEARS,
NO.342, MILK CENTER ROAD,
VISHWESHWARANAGAR I STAGE,
MYSURU-08
(SITE NO.302, SY NO.49).
48. K.N. RENUKA
W/O LATE K.V. VENKATESH
AGED ABOUT 52 YEARS,
R/AT BANDIKERI BEEDHI,
SRIRANGAPATNA TOWN,
MANDYA DISTRICT,
(SITE NO.345, SY NO.49).
49. SRI. H. SHIVANANJAIAH
S/O LATE HONNAYA,
AGED ABOUT 66 YEARS,
R/O NO.292, 2ND STAGE,
KHB ROAD, EWS, KUVEMPU NAGAR,
MYSURU-09
(SITE NO.300, SY NO.49).
50. SRI. ABHINIPAL
S/O LATE JOGENDRA PAL,
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WP No. 27413 of 2024
AGED ABOUT 66 YEARS,
EMPLOYEE NO.2309,
SEC VIKRANTH TYRES,
MYSURU-16 (SITE NO.315, SY NO.49).
51. SRI. M.M. AHMED
S/O LATE MOHAMMED FAZALULLA,
AGED ABOUT 63 YEARS,
EMPLOYEE NO.2364,
VIKRANTH TYRES,
MYSURU- 16,
(SITE NO.355, SY NO.49).
52. SRI. B. MARI
S/O RAMEGOWDA,
AGED ABOUT 66 YEARS,
R/AT NO.1292, RAMPURA ROAD,
SRIRANGAPATTANA TOWN,
MANDYA DISTRICT,
(SITE NO.341, SY NO.49).
53. SMT. B. SAVITHRI
W/O D. KUMARASWAMY,
AGED ABOUT 62 YEARS,
R/AT NO.62, 2ND MAIN,
NHCS LAYOUT, BASAVESHWARANAGAR,
BENGALURU
(SITE NO.298, SY NO.49).
54. SRI. THOPANAYAKA
S/O LATE CHANNANAYAKA,
AGED ABOUT 63 YEARS,
R/AT H NO.289, B.M. SHRI NAGAR,
METAGALLI LAYOUT/POST,
MYSURU-16
(SITE NO.291, SY NO.49).
55. SRI T.N. JEEVAN KUMAR
S/O LATE T. N. LINGAM,
AGED ABOUT 64 YEARS,
R/AT SHREE NILAYAM APARTMENT,
FLAT NO.004, SY NO.109/3C,
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WP No. 27413 of 2024
TUNGA NAGAR MAIN ROAD,
TUNGA NAGAR,
BENGALURU -560091
(SITE NO.299, SY NO.49).
56. JAYALAKSHMI.M.
W/O LATE M. DEVARAJ,
AGED ABOUT 55 YEARS,
R/AT NO.11/2, P. BLOCK,
NEW EXTENSION,
KUMBARAKOPPAL,
OPP. GOVT SCHOOL,
MYSURU-16
(SITE NO.301, SY NO.49).
57. CHANDAN DEV RAMPURE
S/O LATE D.PADMANABHA RAO,
AGED ABOUT 44 YEARS,
R/AT NO.2365, 12TH MAIN ROAD
VIJAYANAGAR 2nd STAGE,
MYSURU-17 (SITE NO.307, SY NO.49)
58. RAHUL DEV RAMPURE
S/O LATE D.PADMANABHARAO
AGED ABOUT 42 YEARS,
R/AT NO.2365, 12TH MAIN ROAD
VIJAYANAGAR 2nd STAGE,
MYSURU-17 (SITE NO.307, SY NO.49)
59. SRI. H. RAMESH SHET
S/O LATE H. SRINIVAS
AGED ABOUT 55 YEARS,
R/AT HOUSE NO.2885-3/1,
7TH CROSS ROAD, KALIDASA ROAD,
V V MOHALLA, MYSURU-12
(SITE NO.310, SY NO.49).
60. SRI. R. SRINIVASA
S/O LATE RANGEGOWDA,
AGED ABOUT 65 YEARS,
R/AT NO.82/1,
MAARIGUDI BHEEDHI,
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KUMBARAKOPPAL,
MYSURU-16 (SITE NO.320, SY NO.49).
61. SRI. H.K. JAGADISH
S/O LATE KALACHOWDAIAH,
AGED ABOUT 63 YEARS,
R/AT NO.477, I MAIN, 5TH CROSS,
LOKANAYAKANAGARA,
MYSURU-16
(SITE NO.328, SY NO.49).
62. SRI. R. SRINIVASA
S/O LATE RANGEGOWDA
AGED ABOUT 65 YEARS,
R/AT H.NO.82/1, MARIGUDI ROAD,
KUMBARAKOPPALU
MYSURU (SITE NO.335 SY. NO.49)
63. SRI.N.S. KRISHNAMURTHY
S/O LATE NABHA SUNDAR NARAYAN SHETTY
AGED ABOUT 58 YEARS
R/AT NO.26 MEKALA
15TH CROSS, 5TH, MAIN,
2ND STAGE, GOKULAM
MYSURU (SIT NO.356 SY.NO.49)
64. YASHODA
D/O LATE SHANTHARAJU
AGED ABOUT 46 YEARS
R/AT NO.1106, ASHWINI NILAYA
8TH CROSS, 3RD PHASE GOLULAM
MYSURU-12
(SITE NO.371 SY.NO.88/1).
65. RAJENDRAKUMAR
S/O LATE SHANTHARAJU
AGED ABOUT 43 YEARS,
R/AT NO.1106, ASHWINI NILAYA
8TH CROSS, 3RD PHASE GOLULAM
MYSURU-12
(SITE NO.371 SY.NO.88/1).
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66. SRI. S. CHANDRAPPA
S/O LATE R. SIDDEGOWDA
AGED ABOUT 66 YEARS
R/AT T.M. HOSURU,
KASABA HOBLI,
SRIRANGAPATNA TALUK
(SITE NO.373 SY.NO.88/1).
67. SRI. P. RAJU
S/O LATE PUTTEGOWDA
AGED ABOUT 61 YEARS
R/AT NEW HOUSE ROAD,
Q BLCOK 2, KUMBARAKOPPALU
MYSURU-16
(SITE NO.376 SY.NO.88/1).
68. SRI. K. KRISHNE GOWDA
S/O LATE BORE GOWDA
AGED ABOUT 60 YEARS
R/AT NO.2882, 8TH CROSS
V V MOHALLA,
MYSURU-12,
(SITE NO.379 SY.NO.88/1).
69. SRI. MOHAMMED JAN
S/O LATE ABDUL RAVOOF
AGED ABOUT 64 YEARS
EMPLOYEE NO.2398
VIKRANT TYRES LTD.
MYSURU-16
(SITE NO.382 SY.NO.88/1).
70. MALINI
D/O R. PRIYAVRATHA
S/O LATE RACHAIAH
AGED ABOUT 42 YEARS
R/AT NO.47, MANJUNATHNAGAR
YADAVAGIRI, MYSURU-02
(SITE NO.385 SY.NO.88/1)
71. SRI. M.B. GOPALA
S/O SRI. BASAVEGOWDA
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AGED ABOUT 55 YEARS
R/AT HOSA ANANDUR BELAGOLA HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT
(SITE NO.295, SY NO.49).
72. SRI. S.K. RAMAKRISHNA
S/O LATE KALE GOWDA
AGED ABOUT 62 YEARS
R/AT ALLAPATTANA VILLAGE
SRIRANGAPATNA TALUK
(SITE NO.322, SY.NO.49).
73. SRI. M. BASAVARAJAPPA
S/O LATE UMA MAHESHWARAPPA
AGED ABOUT 66 YEARS
NO.579, 14TH CROSS, 1ST MAIN,
B.M. SHRENAGARA,
METAGALLI POST,
MYSURU - 570016
(SITE NO.289, SY NO.49).
74. VIJAYALAKSHMI C. V.
W/O LATE M. C. VASUDEVA MURTHY,
AGED ABOUT 61 YEARS
PLOT NO.302, A BLOCK, OAS1S9
7T CROSS, ROAD, ISRO EXTENSION,
BENGALURU -560078
(SITE NO 290, SY NO.49).
75. PRABHAKAR
S/O LATE B. SIDDAIAH
AGED ABOUT 50 YEARS
R/AT NO.2024/36, 8TH CROSS,
ASHOKPURAM,
MYSURU - 570008
(SITE NO.292, SY.NO.49).
76. SUNIL
S/O LATE B. SIDDAIAH
AGED ABOUT 46 YEARS
R/AT NO.2024/36, 8TH CROSS,
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WP No. 27413 of 2024
ASHOKPURAM,
MYSURU - 570008
(SITE NO.292, SY.NO.49).
77. SMT. GEETHA SAROWAR
W/O ANAND SAROWAR
AGED ABOUT 52 YEARS
R/AT NO.410, 43TH CROSS,
8TH BLOCK, JAYANAARA,
BENGALURU - 85,
(SITE NO.294, SY. NO.49).
78. SRI. L. BASAVARAJU
S/O LINGAIAH
AGED ABOUT 63 YEARS
R/AT NO.428, 7TH 'A' CROSS
HEBBAL 1ST STAGE,
MYSURU - 570016
(SITE NO.303, SY. NO.49).
79. NAGENDRA KUMAR
S/O LATE P SRINIVASA
AGED ABOUT 53 YEARS
R/AT NO.428, 7TH 'A' CROSS,
HEBBAL 1ST STAGE,
MYSURU 570016.
(SITE NO.306, SY.NO.49).
80. SRI RAGHAVENDRA RAO
S/O LATE RAMA RAO,
AGED ABOUT 58 YEARS,
R/AT NO.1934, 6TH MAIN,
28TH CROSS, 'D' GROUP BADAVANE,
SRIGANDA KAVALU,
BANGALORE - 560091.
(SITE NO.316, SY.NO.49).
81. SRI. VINAYAKUMAR
S/O LATE S. GUPTHAJI
AGED ABOUT 48 YEARS
R/AT NO.8, SRINIVASA NILAYA,
1ST CROSS, KTV LAYOUT,
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K.R. PURAM
BENGALURU - 560036.
(SITE NO.317, SY.NO.49)
82. MARIYAMMA
W/O LATE N PAPANNA,
AGED ABOUT 56 YEARS,
R/AT NO.428,
7TH 'A' CROSS, HEBAL I STAGE,
MYSURU-570016.
(SITE NO.318, SY NO.49).
83. BHAGYAMMA
W/O LATE N. PAPANNA
AGED ABOUT 52 YEARS,
R/AT NO.428, 7TH 'A' CROSS,
HEBAL I STAGE,
MYSURU-570016.
(SITE NO.318, SY NO.49).
84. SRI. K. G. ARUNA
S/O K.GOPAL SRI RAO,
AGED ABOUT 51 YEARS,
NO.166, 2ND CROSS,
3RD MAIN ROAD, 2ND STAGE,
BRINDAVAN EXTN.
MYSURU - 570020.
(SITE NO.319, SY.NO.49).
85. SRI NAGARJA
S/O LATE JOGANNA GOWDA,
AGED ABOUT 63 YEARS,
NO.101, 8TH AI ROAD,
HEBAL 1ST STAGE,
MYSURU 570016.
(SITE NO.321, SY.NO.49)
86. A. NARAYANAGOWDA
S/O LATE MARISWAMY GOWDA
AGED ABOUT 60 YEARS,
R/AT OSA ANANDOOR VILLAGE,
PUMP HOSAHALLY POST,
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NC: 2024:KHC:49615
WP No. 27413 of 2024
SRIRANGAPATNA TALUK
MANDYA DISTRICT.
(SITE NO.323, SY.NO.49).
87. GOVINDEGOWDA
S/O LATE MARISWAMYGOWDA
AGED ABOUT 56 YEARS,
R/AT OSA ANANDOOR VILLAGE,
PUMP HOSAHALLY POST,
SRIRANGAPATNA TALUK
MANDYA DISTRICT.
(SITE NO.323, SY.NO.49).
88. VENUGOPAL
S/O LATE M.S. BALAKRISHNA
AGED ABOUT 61 YEARS,
R/AT NO.5, 4TH CROSS
DR. AMBEDKAR LAYOUT
VIJAYANAGARA TELICOM LAYOUT
BANGALORE- 560023
(SITE NO.334 SY NO.49).
89. SMT. GAYATHRI
W/O LATE ODOSI GOWDA
AGE ABOUT 62 YEARS,
R/AT NO.98/2, 2ND MAIN ROAD,
KIDAGANNAMA LAYOUT,
KUMBARAKOPPAL
MYSURU-16
(SITE NO.336 SY NO.49).
90. SRI. B. MAHESHA
S/O LATE M BORALINGAIAH
AGED ABOUT 64 YEARS,
NO.2630/1, HOSA BANDIKERI
6TH CROSS, CHAMUNDIPURAM
MYSURU-570004
(SITE NO. 337 SY NO.49).
91. SRI. S. NATARAJA
S/O LATE SHIVANNAGOWDA
AGED ABOUT 53 YEARS,
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NC: 2024:KHC:49615
WP No. 27413 of 2024
R/AT NO.1038/1, HUNSUR ROAD,
ADITHYA LAYOUT, HINKAL
MYSURU-570032
(SITE NO.340/B SY NO.49).
92. SRI. N. KEMPASHINGE GOWDA
S/O LATE NARASHIMEGOWDA
AGED ABOUT 64 YEARS,
R/AT HULIKERE SRIRANGAPATNA TALUK
MANDYA DISTRICT
(SITE NO.346 SY NO.49).
93. SRI. M. RAMAIAH
S/O LATE LAKKAIAH
AGED ABOUT 63 YEARS,
NO.2066, 24TH CROSS,
HEBBAL 2ND STAGE,
MYSURU -570016
(SITE NO.348 SY NO.49).
94. M. BOJARAJ
S/O LATE MUDDU KRISHNAPPA,
AGED ABOUT 61 YEARS,
R-AT NO.695, 15TH CROSS,
2ND MAIN ROAD,
B.M.C. NAGARA
MYSURU-570016.
(SITE NO.352, SY.NO.49).
95. N. SAVITHRI
W/O LATE K. NADUN CHELLIAN,
AGED ABOUT 52 YEARS
R/AT NO.648/B, IISC,
HOUSING COLONY,
BENGALURU.
(SITE NO.357, SY.NO.49).
96. N. S. KAMALAKARAN
S/O LATE M.S. SATHYAM,
AGED ABOUT 65 YEARS,
R/AT NO. 138, 9TH CROSS,
8TH MAIN, HEBBAL I STAGE,
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WP No. 27413 of 2024
MYSURU-570016
(SITE NO.360, SY.NO.49).
97. PUTTAMMA
W/O LATE J GURULINGAIAH,
AGED ABOUT 69 YEARS,
R/AT NO.428, 7TH 'A' CROSS,
HEBBAL I STAGE,
MYSURU.
(SITE NO.359, SY.NO.49).
98. GEETHA
W/O LATE NANJEGOWDA,
AGED ABOUT 59 YEARS
R/AT NO.138, 9TH CROSS,
8TH MAIN, HEBBAL I STAGE,
MYSURU-570016
(SITE NO.358, SY.NO.49).
99. A LOVELY D ANTO
W/O LATE ANTO,
AGED ABOUT 60 YEARS
R/AT NO.428, 7TH 'A' CROSS,
HEBBAL 1ST STAGE,
MYSURU-570016.
(SITE NO.361, SY.NO.49).
100. CHANNARAJA URS
S/O LATE MALARAJ URS,
AGED ABOUT 64 YEARS,
R/AT NO.428, 7TH 'A' CROSS,
HEBBAL 1ST STAGE,
MYSURU.
(SITE NO.367, SY.NO.88/1).
101. MANJULA
.W/O LATE H.E.NARAYANA GOWDA,
AGED ABOUT 59 YEARS,
R/AT 5TH CROSS, 5TH MAIN,
VIJAYANAGARA, I STAGE,
MYSURU-570017.
(SITE NO.391, SY.NO.88/1).
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NC: 2024:KHC:49615
WP No. 27413 of 2024
PETITIONERS NO.2 TO 101
HAVE BEEN REPRESENTED BY
AUTHORISED PERSON
SRI. M.K. SWAMY GOWDA
I.E., PETIITONER NO.1 HEREIN
VIDE ANNEXURE 'A' AND 'A1'
...PETITIONERS
(BY SRI. S.M. CHANDRASHEKAR, SENIOR COUNSEL FOR
SRI. CHANDRASHEKAR H.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES AND COMMERCE,
M.S.BUILDING,
VIDHANA VEEDHI,
BENGALURU - 560001.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REPRESENTED BY ITS
EXECUTIVE MEMBER,
RASTROTHAN BUILDING,
OPP. RESERVE BANK OF INDIA,
N.R.ROAD,
BENGALURU - 560 002.
3. THE SPECIAL LAND ACQUISITION OFFICER
KIADB DEVELOPMENT AUTHORITY,
RASTROTHAN BUILDING,
OPP. RESERVE BANK OF INDIA,
N.R.ROAD, BENGALURU - 560 002.
...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3)
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NC: 2024:KHC:49615
WP No. 27413 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH OR SET ASIDE THE NOTIFICATION BEARING
NO.CI:222.SPQ:2005 DATED 07.12.2005 ISSUED BY THE
RESPONDENT NO.1 PRODUCED AT ANNEXURE-C AND ALL
FURTHER PROCEEDINGS PURSUANT THEREON; AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, the petitioners are assailing the Notification dated 07.12.2005 (Annexure-C) issued by the respondent-authorities, inter alia, sought for a direction to the respondent-authorities to drop the acquisition proceedings in respect of the converted land as per Annexure-B to the Writ Petition.
2. Relevant facts for adjudication of the case as averred in the Writ Petition are that, the petitioners claim to be the employees of M/s. J.K.Tyres and Industries Ltd., Mysuru, and were in possession of the residential sites situate in the Layout formed in Sy.No.49 measuring to an extent of 3 acres, 38
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NC: 2024:KHC:49615 WP No. 27413 of 2024 guntas and in Sy.No.88/1 measuring 34 guntas situate at Moogarahalli Village, Srirangapatna Taluk, Mandya District and the petitioners have challenged the acquisition proceedings before this Court in W.P.No.14733/2008 and connected Writ Petitions, challenging the Final Notification issued under Section 28(4) of Karnataka Industrial Area Development Act, 1966 (for short, ' the KIAD Act'). It is also stated in the Writ Petition that, this Court in W.P.No.49536 of 2019 disposed of on 24.08.2022 (Annexure-R) set aside the Final Notification dated 08.01.2016 issued under Section 28(4) of the Act, and remanded the matter to the respondent-KIADB to re consider the issue afresh in accordance with the relevant circulars issued by the respondent-Government i.e. Circular dated 03.03.2007.
3. It is the contention of the petitioners that, the land in question is situate in the outskirts of the City of Mysuru and land has been converted by the competent authority, and further it is contended that, the petitioners have purchased the sites in question and are paying the tax to the concerned Grama Panchayat. It is also stated in the Writ Petition that, the KIADB has issued the Notification dated 07.12.2005 under Section 3(1), 1(3) and 28(1) of the Act declaring the entire
- 24 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 area has been proposed for the purpose of formation of industrial area. It is further stated in the Writ Petition that, though the Final Notification has been quashed by this Court as stated above, the respondent-authorities have not taken any steps by considering the objections filed by the petitioners herein and therefore, the petitioners contended that the impugned Preliminary Notification dated 07.12.2005 (Annexure-C) is to be quashed. Hence, the petitioners have presented this Writ Petition.
4. I have heard Sri. S.M. Chandrashekar, learned Senior Counsel appearing on behalf of Sri. H.B. Chandrashekar, learned counsel for the petitioners, Smt. Rashmi M. Rao, learned High Court Government Pleader appearing for the respondent-State and Sri. H.L. Pradeep Kumar, learned counsel appearing for the respondent-KIADB.
5. Sri. S.M. Chandrashekar, learned Senior Counsel appearing for the petitioners contended that, the petitioners herein are the owners of the site/s formed in the Layout, which is the subject matter of the acquisition initiated by the respondent-authorities as per the notification dated 07.12.2005
- 25 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 under Section 28(1) of the KIAD Act and thereafter, the respondent-authorities have issued the Final Notification dated 31.08.2006 (Annexure-D). It is contended by the learned Senior Counsel appearing for the petitioners that, this Court as per Order dated 08.01.2016 in W.P.No.14733/2008 and connected writ petitions, quashed the Final Notification dated 31.08.2006 and thereafter, matter was remitted to the KIADB to re-consider the issue afresh. It is also contended by the learned Senior Counsel by referring to the Judgment of this Court in W.P.No.49536/2019 disposed of on 24.08.2022 (Annexure-R) and contended that, the petitioners are entitled for the benefit of the Circular dated 03.03.2007. It is also argued by the learned Senior Counsel that this Court in W.P.No.26117/2022 disposed of on 17.01.2024, in identical case, set aside the Preliminary Notification on the ground of delay and laches in issuing Final Notification and accordingly, sought for interference of this Court. Sri. S.M. Chandrasekhar, learned Senior Counsel appearing for the petitioners refers to the statement of objections filed by respondent - KIADB, and contended that, the land in question has been identified as built up area and construction of houses as per the order passed by
- 26 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 this Court in W.P.No.14733/2008 and connected Writ Petitions disposed of on 08.01.2016 and therefore, the respondent - KIADB cannot be permitted to say that the land in question is barren land and not a developed one. Referring to the observation made by this Court in the earlier three Writ Petitions, learned Senior Counsel submitted that the case of the petitioners is squarely covered by the Judgment of this Court in W.P.No.26117/2022 disposed of on 17.01.2024 and in W.P.No.19356/2024 disposed of on 31.07.2024.
6. Per Contra, Sri H.L.Pradeep Kumar, learned counsel for the appearing for the respondent-KIADB argued with reference to the earlier orders passed by this Court and contended that, it is impermissible under law to pass fresh / new order under Section 28(3) of the KIAD Act and refutes the contention of the learned Senior Counsel that the land in question is built up. He also submitted that the beneficiary of the land has not been made as a party to the proceedings and that apart, that the land in question is feasible for the purpose of industrial area and accordingly, sought for dismissal of the Writ Petition. In this regard, he refers to the Judgment of this Court in W.P.No.26087/2018 disposed of on 12.01.2021.
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NC: 2024:KHC:49615 WP No. 27413 of 2024
7. Smt. Rashmi M. Rao, learned High Court Government Pleader argued in support of the respondent-KIADB.
8. In the light of the submission made by the learned counsel appearing for the parties, on careful examination of the writ papers would indicate that the petitioners herein have purchased the individual sites pursuant to the conversion order passed by the competent authority as per Annexure-B to the Writ Petition. It is also forthcoming from the Writ Petition that, the subject land was sought to be acquired by the respondent- authorities as per notification dated 07.12.2005 passed under Section 28(1) of the KIAD Act, as per Annexure-C. Thereafter, the respondent-authorities have issued the Final Notification dated 31.08.2006 issued under Section 28(1) of the KIAD Act, which came to be quashed by this Court as per order dated 08.01.2016 in W.P.No.14733/2008 and connected Writ Petitions (Annexure-E). It is also forthcoming from the writ papers that the respondent-KIADB has issued notice dated 10.06.2019 (Annexure-J) under Section 28(6) of the KIAD Act. It is forthcoming from the Writ Petition that, the Government has issued Circular dated 03.03.2007 (Annexure-L) stipulating the conditions for acquisition of the land by the respondent-
- 28 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 KIADB. The action of the respondent-authorities to acquire the schedule land was subject matter in W.P.No.49536/2019 and this Court vide Order dated 24.08.2022, (Annexure-R), quashed the Final Notification dated 08.01.2016 issued under Section 28(4) of the KIAD Act and remitted the matter to the respondent-KIADB to re-consider the issue afresh in the light of the Circular dated 03.03.2007. In the backdrop of these aspects, no steps have been taken by the respondent-KIADB to pass the notification under Section 28(4) of the KIAD Act and therefore, this Court in W.P.No.26117/2022 disposed of on 17.01.2024, under identical circumstance, set aside the Preliminary Notification as the respondent KIADB has not taken further steps in the matter. It is also relevant to cite the Judgment of the Division Bench of this Court, in the case of KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD AND ANOTHER VS. K.H.SHIVANNA AND OTHERS in W.A.No.557 of 2021 disposed of on 23.03.2022, at paragraph Nos.4 to 7, this Court has observed as under:
"4. We have considered the submissions made by learned Senior counsel for the appellant and have perused the record. In 'RAM CHAND AND OTHERS V. UNION OF INDIA AND OTHERS',
- 29 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 (1994) 1 SCC 44, the Supreme Court was dealing with situations prevalent prior to amendment to the Land Acquisition Act, 1894 by Land Acquisition Act Amendment in 1984. In the aforesaid case, the Notification under Section 4(1) of the Act and declarations under Section 6(1) of the Act were issued on 23.01.1959, 24.10.1961 and 16.05.1966 and 13.01.1969 respectively. However, the awards were not passed. The Supreme Court held that in view of decision in 'AFLATOON V LT. GOVERNOR OF DELHI', (1975) 4 SCC 285, there was no justification for not passing the award and by placing reliance on the aforesaid decision, it was held that two years period would be a reasonable time for making an award, as for when the statute does not prescribe a time limit for performing an Act, the same has to be performed within reasonable time.
5. However, a division bench of this court in 'H.N.SHIVANNA AND OTHERS VS. STATE OF KARNATAKA AND ANOTHER', W.A.NOS.3189-
3201/2010 DATED 28.11.2012, held that issuance of successive declarations are
permissible and by placing reliance on decision of Supreme Court in Ram Chand and others supra, held that 2 years time would be a
- 30 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 reasonable time for issuance of declaration under Section 28(4) of the Act. However it is pertinent to note that the division bench in SHIVANNA's case also held that provisions of the Land Acquisition Act, 1894 cannot be read into the Act and though no time limit is prescribed under the Act, the acquisition is to be completed within a reasonable time, say within 2 years, and still what is the reasonable time has to be decided in the facts of particular case. The Supreme Court in 'M.NAGABHUSHANA VS.
STATE OF KARNATAKA', (2011) 3 SCC 408,7 negatived the contention that since, the award was not passed within a period of 2 years from the date of declaration under Section 28(4) of the Act, the acquisition would not stand vitiated in view of the fact that Section 11(A) of the Land Acquisition Act, 1894 are not applicable to proceedings under the Act. Therefore, different time frames prescribed under the Land Acquisition Act and consequences of default thereof including lapsing of acquisition proceedings cannot be read into the Act.
6. The right to hold the property is a constitutional right which is guaranteed under Article 300-A of the Constitution of India and no citizen can be deprived of his property without
- 31 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 following the due process of law. It is well settled legal proposition that where a statute does not provide for time limit for doing an Act, such an Act has to be done within a reasonable time, and what would be reasonable time has to be decided in the facts and circumstances of the Act. [See: 'MEHER RUSI DALAL V UNION OF INDIA', (2004) 7 SCC 362, 'P.K. SREEKANTAN V P. SREEKUMARAN NAIR', (2006) 138 SCC 574 AND 'K.B NAGUR V UNION OF INDIA', (2012) 4 SCC 483]. Therefore, in the facts of the case, we have to ascertain whether the Notification under Section 28(1) of the Act stands vitiated in law on account of the delay caused in issuing the final notification under Section 28(4) of the Act within reasonable time, in the light of submission made by learned senior counsel for respondent no. 2.
7. In the instant case, the preliminary notification was issued on 07.08.2006. It is pertinent to mention here that the appellants did not file objections before the learned Single Judge to explain the delay caused in land acquisition proceeding. In the absence of any explanation on behalf of the appellant, the learned Single judge has rightly held that there was an inordinate delay in completion of the proceedings and even after a lapse of 14 years,
- 32 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 neither final notification has been issued nor any steps were taken to complete the land acquisition proceedings. Therefore, the learned Single judge in the facts of the case and in the absence of any explanation on behalf of the appellant about the delay in concluding the land acquisition proceeding has rightly held that the notification dated 07.08.2006 issued under Section 28(1) of the Act insofar as it pertains to the land of Respondents 1 to 3 stood lapsed on account of efflux of time and has rightly quashed the same. For the aforementioned reasons, we do not find any ground to differ with the view taken by learned Single Judge."
Following the declaration of law made by this Court in the above Writ Appeal, I find force in the submission made by the learned Senior counsel appearing for the petitioners that the respondent-authorities have abandoned the scheme of the acquisition in respect of the subject land.
9. It is also to be noted that this Court in W.P.No.14733/2008 and connected matters disposed of on 08.01.2016 (Annexure-E) has observed that the area covered in the Notification is largely built up and houses have been
- 33 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 constructed with facilities such as electricity and water connection as well as sewerage connection. This Court in the above Writ Petitions quashed the Final Notification dated 31.08.2016 with a direction to the respondent - authorities to consider the ground realities and development of the land in question, notwithstanding the subsequent improvement made by the petitioners. It is also to be noted that this Court in W.P.No.44903-907/2018 disposed of on 08.07.2019 (Annexure-O), wherein the challenge was made to order dated 21.02.2017 and thereby this Court directed the respondent - authorities to consider the case of the petitioners in accordance with law, by a speaking order. At this juncture, it is to be noted that, though similar grounds have been urged by the petitioners as per Annexure-Q, the respondent - KIADB failed to consider the ground realities resulting in filing of W.P.No.49536/2019 and this Court vide order dated 24.08.2022 (Annexure-R), by a detailed order directed the respondent - KIADB to take decision in the matter, particularly made a reference to the Circular dated 03.03.2007. Taking into consideration the fact that, land in question has been considered by this Court in the aforementioned three Writ
- 34 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 Petitions and in all these Writ Petitions, this Court in unequivocal terms observed that the land in question is built-up area, houses have been constructed including the reference has been made to the Circular dated 03.03.2007, the respondent - authorities have not considered the same in a manner known to law and therefore, I am of the view that, the Preliminary Notification dated 07.12.2005(Annexure-C) issued by respondent No.1 is liable to be quashed on the ground that the Final Notification has been quashed and nothing has been done in pursuance of the Preliminary Notification, to complete acquisition formalities as required under law and therefore, the contentions raised by the learned counsel appearing for respondent - KIADB cannot be accepted that the beneficiary of the land has not been made a party, neither the matter requires consideration at this stage. It is also to be noted that on careful examination of the finding recorded by the SLAO - KIADB, not only the findings by the SLAO with regard to feasibility of the land is per se contrary to the direction issued by this Court and that apart, there is no any other alternative notion for the respondent - authority to take different view in respect of deleting the acquisition proceedings.
- 35 -
NC: 2024:KHC:49615 WP No. 27413 of 2024 Notwithstanding the fact that the learned counsel appearing for the respondent - KIADB refers to the Judgment of this Court in W.P.No.26087/2018 disposed of on 12.01.2021, the fact in the present case is that, the land in question is a built-up area and many of the employees of M/s. J.K. Tyres and Industries Limited (Vikrant Unit) have constructed buildings and living in the said buildings for more than twenty years and therefore, the entire acquisition proceedings is contrary to the Circular dated 03.03.2007 on the ground that the land in question has been converted and buildings have come up. Therefore, the Judgment referred to by the learned counsel appearing for the respondent - KIADB is not applicable to the facts on record, in the peculiar circumstances of the case, that the petitioners herein have knocked the doors of this Court on earlier three occasions and this Court categorically made an observation that the petitioners herein are residing in a constructed portion of the houses and considering all these factors and in order to put an end to the agony of the petitioners herein, I pass the following order:
ORDER
i) Writ Petition is allowed;
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NC: 2024:KHC:49615 WP No. 27413 of 2024
ii) Notification dated 07.12.2005 issued by the respondent No.1 under Section 3(1), 1(3) and 28(1) of KIAD Act (Annexure-C), is hereby quashed in respect of the subject land belonging to the petitioners herein is concerned.
iii) Respondent No.1 is directed to drop acquisition proceedings in respect of the subject land accordingly.
SD/-
(E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 60