Karnataka High Court
Sri H M Jayakumar vs The State Of Karnataka on 10 November, 2021
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.19787 OF 2021 (GM-RES)
BETWEEN
1 . SRI H M JAYAKUMAR
S/O LATE MARISWAMY,
AGED ABOUT 0 YEARS,
NO.461, IST BLOCK, 3RD STAGE,
BASAVESHWARANAGAR,
BANGALORE-560079
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
2 . SRI H S JOGAIAH
S/O LATE SIDDAIAH,
AGED ABOUT 68 YEARS,
NO.69, NANDI NEST 2ND FLOOR,
17TH 'A' CROSS, 4TH STAGE, 4TH BLOCK,
BASAVESHWARANAGAR,
BANGALORE-560079
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
3 . SMT P B BHARATHI
W/O M NANJUNDASWAMY,
AGED ABOUT 65 YEARS,
NO.1081, 10TH MAIN, HAMPINAGAR,
RPC LAYOUT,
BANGALORE-560040
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
4 . SRI JAGADISH
C/O LATE RAME GOWDA K L,
AGED ABOUT 52 YEARS,
NO.70, 6TH CROSS, RAVI BADAVANE,
JAI MARUTHINAGAR, NANDINI LAYOUT,
BANGALORE-560096.
5 . SMT MAHADEVAMMA
2
W/O RAMACHANDRAIAH,
AGED ABOUT 68 YEARS,
NO.905, B-BLOCK, SCINTILLA APARTMENT,
YELAHANKA, 4TH PHASE,
BANGALORE-560064
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
6 . SRI M MAHESHWARAIAH
S/O SIDDARAMAIAH,
AGED ABOUT 69 YEARS,
NO.864, 13TH CROSS,
BEL LAYOUT, BHARATH NAGAR 2ND STAGE,
MAGADI ROAD,
BANGALORE-560091
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
7 . SMT GANGAMMA B
W/O N C GAVIYAPPA,
AGED ABOUT 68 YEARS,
NO.C-2, UAS QUARTERS, BALLARY ROAD,
BANGALORE-560024
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
8 . SMT PADMALAYA
W/O M S KESHAVA RAO,
AGED ABOUT 85 YEARS,
NO.32, 203, RAM LEELA APARTMENTS,
6TH CROSS, ASHOKA NAGAR, N R COLONY,
BANGALORE-560050
(BENEFIT OF SENIOR CITIZENSHI NOT CLAIMED)
9 . SMT NAGAMANI K H
W/O HANUMAPPA K,
AGED ABOUT 66 YEARS,
NO.1595, F-3, 12TH MAIN,
B BLOCK, SAHAKARANAGAR,
BANGALORE-560092
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
10 . SMT JAYAMMA K N
W/O D R SUBBEGOWDA,
AGED ABOUT 67 YEARS,
NO.1234, 9TH MAIN ROAD, VIJAYANAGAR,
BANGALORE-560040
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
3
11 . SRI CHIKKAMUNIYAPPA
S/O SATYAPPA,
AGED ABOUT 75 YEARS,
HEBBAL, NEAR BUS STOP,
BANGALORE-560024
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
12 . N S SHIVAMAHADEVAIAH
S/O SIDDARAMAIAH,
AGED ABOUT 50 YEARS,
NO.96/3, 3RD MAIN, KAVIKA LAYOUT,
BANGALORE-560025
13 . SMT N THREJAVATHI
D/O NANJUNDAIAH D,
AGED ABOUT 66 YEARS,
R/OF GIDADAKONANAHALLI,
BANGALORE SOUTH,
BANGALORE
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
14 . SMT BHAGYALAKSHMI K
W/O KEMPEGOWDA,
AGED ABOUT 55 YEARS,
NO.28, 7TH MAIN ROAD,
AGS COLONY, ANAND NAGAR, HEBBAL,
BANGALORE-560024.
15 . SRI VINAYAKA K
S/O SMT K KALAVATHI,
AGED ABOUT 44 YEARS,
NO.817, IST MAIN, 8TH CROSS,
JNANABHARATHI LAYOUT,
BANGALORE-560059.
16 . SMT SARVAMANGALA B M
W/O M M CHANNAMALLAPPA,
AGED ABOUT 66 YEARS,
NO.315, IST STAGE, KUVEMPUNAGAR,
BANGALORE
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
17 . SRI GANGAIAH S B
S/O BHORAIAH,
4
AGED ABOUT 70 YEARS,
NO.S90, IST CROSS, 13TH MAIN,
BEL 2ND STAGE,
BANGALORE-560091
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
18 . SMT SOWMYA R
D/O RAMAIAH D
AGED ABOUT 50 YEARS,
GIDADAKONANAHALLI,
BANGALORE SOUTH,
BANGALORE.
19 . SMT LOKESHWARI K V
D/O K M VENKATAPPA,
AGED ABOUT 52 YEARS,
NO.878, 14TH CROSS, 2ND MAIN,
MAHALAKSHMI LAYOUT,
BANGALORE-560086.
20 . SRI SRINIVASA G P
S/O PUTTASWAMY G T,
AGED ABOUT 50 YEARS,
GOTTIGERE, B G ROAD,
BANGALORE-560083.
21 . R GOPALAGOWDA
S/O LATE N RAMANNA,
AGED ABOUT 42 YEARS,
NO.1, 2ND CROSS, IST B MAIN,
VENKATEGOWDA LAYOUT,
HEBBAL KEMPAPURA,
BANGALORE-560024.
22 . SRI NAGESH K
S/O JAYALAKSHMI,
AGED ABOUT 45 YEARS,
NO.144, 11TH MAIN, 19TH 'B' CROSS,
HSR LAYOUT,
BANGALORE-560102.
23 . SRI M RAMANNA
S/O LATE MAYAGOWDA,
AGED ABOUT 70 YEARS,
NO.70, KALENA AGRAHARA,
5
BANNERGHATTA ROAD,
S O S POST,
BANGALORE-560076
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
24 . SRI NAGARAJAPPA Y N
S/O NARAYANAPPA,
AGED ABOUT 75 YEARS,
NO.509, NANDI FOREST VIEW,
BDA LINK ROAD, BSK 5TH STAGE,
DWARAKANAGAR,
BANGALORE-560098
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
25 . SRI THANGARAJ
S/O SUBBARAYA,
AGED ABOUT 77 YEARS,
NO.214/189, 9TH CROSS,
S R NAGAR, ADUGODI POST, B G ROAD,
BANGALORE-560030
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
...PETITIONERS
(BY SRI NARAYANA SWAMY V K, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560001.
2 . THE SPECIAL DEPUTY COMMISSIONER
(REVENUE0, BENGALURU DISTRICT,
BENGALURU-560009.
3 . THE TAHASILDAR
BENGALURU NORTH NORTH TALUK,
BENGALURU-560009.
4 . THE DEPUTY COMMISSIONER
BENGALURU URBAN,
BENGALURU-560009
... RESPONDENTS
(BY SRI B V KRISHNA, AGA)
6
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
NECESSARY DIRECTIONS TO THE RESPONDENTS CONCERNED
HEREIN AS MADE IN W.A. NO.997/2008 C/W W.A.
NO.1022/2008 (LA-BDA) AND W.A.NO.1023/2008 (LA-BDA)
DTD.26.3.2021 TO HEAR THEM IN THE PROPOSED ENQUIRY BY
THE COMMISSIONER BENGALURU DISTRICT TO CONDUCT AND
ENQUIRY ABOUT THE ELEGIBILITY OF THE PETITIONERS FOR
THE ALLOTMENT OF SITES AS PER HAKKU PATHRAS AT
ANNEXURE-B, B1 TO B4 BY AFFORDING THEM AN
OPPORTUNITY OF FILING OF OBJECTIONS AND HEARING THEM
AS WELL AS RECORDING THEIR EVIDENCE ALONG WITH THE
APPELLANTS IN THE ABOVE APPEALS TO ENABLE THE
PETITIONERS TO SUBMIT THEIR CASE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The short grievance of the petitioners is as to the long pendency of the enquiry in question at the hands of respondent-Deputy Commissioner, Bangalore North, in terms of direction by the Division Bench of this Court in W.A.No.997/2008 etc., disposed off on 26.3.2021, a copy whereof is at Annexure-F. 7
2. Learned AGA on request having accepted notice for the respondents opposes the Writ Petition contending that the respondent-Deputy Commissioner happens to be the ex-officio officer under thirteen State legislations and seven Central legislations and therefore, he cannot be pressurized to accomplish the enquiry in question in a time bound way.
3. Having heard the learned counsel for the parties and having perused the Petition Papers, this Court is inclined to grant a limited indulgence in the matter as under inasmuch as the enquiry of the kind cannot be kept pending ad infinitum; at least as a concession to the shortness of human life, the enquiry proceedings ought to be accomplished in a time bound way notwithstanding whatever arguable work pressure lying on the shoulders of the respondent-Deputy Commissioner.
In the above circumstances, this Writ Petition is disposed off directing the respondent No.4-Deputy Commissioner to hold & accomplish contemplated enquiry about the eligibility of petitioner for the allotment of sites in question pursuant to subject hakku patraas at Annexures-B, 8 B1 & B4 within an outer limit of three months; all contentions are kept open.
Costs made easy.
Sd/-
JUDGE cbc