Karnataka High Court
Sri Alam Basha vs State Of Karnataka on 18 January, 2019
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2019
BEFORE
THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION Nos.47171-47190/2018 (LB-RES)
C/W
WRIT PETITION Nos.47209-47212/2018 (LB-RES),
50095/2018 (LB-ELE), 47386/2018 (LB-RES),
47204-47207/2018 (LB-ELE), 47214-47218/2018 (LB-ELE),
47385/2018 (LB-ELE), 47191-47200/2018 (LB-ELE),
47202-47203/2018 (LB-ELE), 48518/2018 (LB-ELE),
47996/2018 (LB-ELE)
W.P. Nos.47171-47190/2018:
Between:
1. Sri Alam Basha
S/o. Mahimunmiya
Aged aobut 39 years
Councillor
City Municipal Council Sindhanur
R/at Venteshwar Nagar
Sindhanur - 584 128.
2. Sri. H.Basha,
S/o. Abdul Sab
Aged about 40 years
Councillor,
City Municipal Council Sindhanur,
R/at M.B. Colony,
Sindhanur - 584 128.
2
3. Sri. Shekarappa Giniwar,
S/o. Hiresiddappa,
Aged about 48 years,
Councillor,
City Municipal Council Sindhanur,
R/at Venteshwar Nagar,
Sindhanur - 584 128.
4. Sri.Murtuza Hussain Ivadi
S/o. Gesudaray
Aged about 39 years
Councillor
City Municipal Council Sindhanur
R/at M.B.Colony
Sindhanur - 584 128.
5. Smt. Manjula Prabhuraj,
W/o. Sri. Prabhuraj,
Aged about 40 years,
Councillor,
City Municipal Council Sindhanur,
R/at Natraj Colony,
Sindhanur - 584 128.
6. Smt. Nagamma
W/o. Sri Chatrappa,
Aged about 45 years,
Councillor,
City Municipal Council Sindhanur
R/at Upparwadi,
Sindhanur - 584 128.
7. Smt. Hussain Bee
W/o. Sri Khaja Hussain
Aged about 38 years,
Councillor
3
City Municipal Council Sindhanur
R/at Natraj Colony
Sindhanur - 584 128.
8. Smt. Badebee,
W/o. Sri. Khader Basha,
Aged about 50 years
Councillor
City Municipal Council Sindhanur
R/at Tippu Sultan Colony,
Sindhanur - 584 128.
9. Sri K.Raj Shekar
S/o. K. Nagappa,
Aged about 44 years,
Councillor
City Municipal Council Sindhanur
R/at Sukarpet,
Sindhanur - 584 128.
10. Smt. Uma Suresh Jadava,
W/o. Sri.Suresh Jadava,
Aged about 28 years,
Councillor
City Municipal Council Sindhanur
R/at Janata Colony
Sindhanur - 584 128.
11. Sri Muneer Pasha,
S/o. Hussain Sab
Aged about 39 years,
Councillor
City Municipal Council Sindhanur
R/at Kadargooroni (Khasabwadi)
Sindhanur - 584 128.
4
12. Sri Mallikarjuna
S/o. Basavanthrayya Patil
Aged about 50 years,
Councillor
City Municipal Council Sindhanur
R/at Kote,
Sindhanur - 584 128.
13. Sri Shabeer Ahmed,
S/o. Maula Hussain,
Aged about 46 years,
Councillor
City Municipal Council Sindhanur
R/at Khadariya Colony,
Sindhanur - 584 128.
14. Sri Sharanappa,
S/o. Balavva,
Aged about 38 years,
Councillor
City Municipal Council Sindhanur
R/at Ganga Nagar,
Sindhanur - 584 128.
15. Sri. Mehaboob Dongari,
S/o. Khader Basha Dongari,
Aged about 32 years,
Councillor
City Municipal Council Sindhanur
R/at Vasavinagar,
Sindhanur - 584 128.
16. Smt. Jabeena Begum,
W/o. Mohammed Kareem,
Aged about 47 years,
Councillor
5
City Municipal Council Sindhanur
R/at Khasabwadi,
Sindhanur - 584 128.
17. Smt. Nalani Chandrashekhar Gowda Meti,
W/o. Sri. Chandrashekhar Gowda Meti,
Aged about 38 years,
Councillor
City Municipal Council Sindhanur
R/at Patelwadi,
Sindhanur - 584 128.
18. Smt. Sareetha W/o. Venkatesh,
Aged about 36 years,
Councillor
City Municipal Council Sindhanur
R/at Bharminwadi
Sindhanur - 584 128.
19. Smt. Husna Bee,
W/o. Sri. Mohammed Khan,
Aged about 60 years,
Councillor
City Municipal Council Sindhanur
R/at Khatibase,
Sindhanur - 584 128.
20. Smt. Lakshami Bangi,
W/o. Thimmaya Bangi,
Aged about 48 years,
Councillor
City Municipal Council Sindhanur
R/at Sukalapet,
Sindhanur - 584 128. ... Petitioners
(By Sri. Mohamad Tahir, A., Advocate)
6
And:
1. State of Karnataka
Urban Development Department
M.S. Building,
Bengaluru - 560 001.
Rep. by its Secretary
2. The Deputy Commissioner
Raichur,
Raichur District-58401.
3. The Assistant Commissioner,
Also Returning Officer,
Raichur,
Raichur District-58401.
4. The City Municipal Council
Sindhanur,
Sindhanur,
Represented by its
Chief Executive Officer
5. The City Municipal Council
Nippani, Nippani Taluk,
Belagavi District - 591 237.
Represented by its
Chief Executive Officer
6. The City Municipal Council
Harihar, Harihar Taluk,
Davangeri District - 577 601.
Represented by its
Chief Executive Officer
7
7. The City Municipal Council
Sirsi, Sirsi Taluk,
Uttara Kannada District - 581 402.
Represented by its
Chief Executive Officer
8. The City Municipal Council,
Koppal
Koppal District
Represented by its
Chief Executive Officer.
9. The City Municipal Council
Rabkavi Banahatti
Rabkavi Banahatti Taluk
Bagalkot District - 587 314
Represented by its
Chief Executive Officer
10. The City Municipal Council
Challakere,
Challakere Taluk,
Chitradurga District - 577 522.
Represented by its
Chief Executive Officer
11. The City Municipal Council
Mulabagilu,
Mulabagilu Taluk,
Kolar District - 563 131.
Represented by its
Chief Executive Officer
12. The City Municipal Council
Ullal, Ullal Taluk
Mangalore District - 575 020
8
Represented by its
Chief Executive Officer.
13. The City Municipal Council
Medikeri,
Medikeri Taluk,
Kodagu District - 571 201
Represented by its
Chief Executive Officer
14. The City Municipal Council
Bagalkote
Bagalkote District 587 101
Represented by its
Chief Executive Officer
15. The City Municipal Council
Shahabad, Shahabad Taluk
Gulberga District - 585 228.
Represented by its
Chief Executive Officer
16. The City Municipal Council
Chitradurga,
Chitradurga District - 577 501
Represented by its
Chief Executive Officer ...Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. Ravi H.K., Advocate for R4;
Sri. Lokesh Malavalli, Advocate for R5;
Sri. Ravi G. Sabhahit, Advocate for R7;
Smt. Anasuya Devi, Advocate for R13;
Sri. S. Mahesh, Advocate for R16;
R6, R12 & R14 - served)
9
These writ petitions are filed under Articles 226 and
227 of the Constitution of India, praying to quash
notification dated 09.10.2018 issued by R-1 at Annexure-C
or in the alternative notification dated 03.09.2018 issued
by R-1 at Annexure-A and etc.
W.P. Nos.47209-47212/2018
Between:
1. Sri Sanganagouda G Patil
S/o G.S.Patil
Aged about 40 Years
Councillor
Town Municipal Council
Rone
R/At Basveshwarenagar
Gowdarvoni
Ron
Gadag District - 582 209.
2. Sri Bawa Sab Rehman Sab Betageri
S/o Rehman Sab Betageri
Aged About 49 Years,
Councillor
Town Municipal Council,
Rone
R/At Behind Old TMC
Gowdaravoni
Ron
Gadag District - 582 209.
3. Sri. Ishwarappa Kadabinakatti
S/o Irrappa
Aged About 31 Years,
Councillor
Town Municipal Council,
Rone
10
R/At Ishwar Colony
Near Ishwar Temple
Ron
Gadag District - 582 209.
4. Sri Gadigeppa Amarappa Kiresura
S/o Amarappa Kiresura
Aged About 45 Years,
Councillor
Town Municipal Council,
Rone
R/At Kamiyaroni
Ron,
Gadag District - 582 209. ... Petitioners
(By Sri. Mohamad Tahir, A., Advocate)
And:
1. State of Karnataka
Urban Development Department
M.S.Building
Bangalore - 560 001
Rep By Its Secretary.
2. The Deputy Commissioner
Gadag
Gadag - 582 101.
3. The Thasildar
Also Returning Officer
Ron Taluk
Gadag District - 582 209.
4. The Town Municipal Council
Ron, Ron Taluk,
Gadag District - 582 209
Represented By Its
Chief Executive Officer
11
5. The Town Municipal Council
Gurumitkal
Gurumitkal Taluk,
Yadgeri District - 585 214
Represented By Its
Chief Executive Officer
6. The Town Municipal Council
Karkala
Karkala Taluk,
Udupi District - 574 104
Represented By Its
Chief Executive Officer
7. The Town Municipal Council
Bantwal
Bantwal Taluk,
Dakshina Kannada
District - 574 219
Represented By Its
Chief Executive Officer
8. The Town Municipal Council
Kurugoudu
Kurugoudu Taluk
Bellary District - 583 116
Represented By Its
Chief Executive Officer
9. The Town Municipal Council
Channagiri,
Channagiri Taluk,
Davanagere District - 577 213
Represented by its
Chief Executive Officer
10. The Town Municipal Council
Kundapur
Kundapur Taluk,
12
Udapi District - 576 201
Represented by its
Chief Executive Officer
11. The Town Municipal Council
Madhugiri
Madhugiri Taluk
Tumkur District - 572 132
Represented by its
Chief Executive Officer.
12. The Town Municipal Council
Ramdurg
Ramdurg Taluk,
Belagavi District - 591 123
Represented by its
Chief Executive Officer.
13. The Town Municipal Council
Konappana Agrahara
Bangalore South Taluk,
Bangalore District - 560 100
Represented by its
Chief Executive Officer
14. The Town Municipal Council
Gajendragada
Gajendragada Taluk,
Gadag District - 582 114
Represented by its
Chief Executive Officer.
15. The Town Municipal Council
Nagamangala
Nagamangala Taluk,
Mandya District - 571 432
Represented by its
Chief Executive Officer.
13
16. The Town Municipal Council
Vijayapura,
Devanahalli Taluk,
Bangalore Rural District - 562 135
Represented By Its
Chief Executive Officer
17. The Town Municipal Council
Sakaleshapura
Sakaleshapura Taluk,
Hassan District - 573 134
Represented by its
Chief Executive Officer
18. The Town Municipal Council
Mudabidri
Mudabidri Taluk
Dakshina Kannada
District - 574 227
Represented by its
Chief Executive Officer. ... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. M. Pradeep, Advocate for R13;
Smt. RAkshitha D. J. Advocate for R17;
Sri. R. Kothwal, Advocate for R15;
R4, R5 & R9 - served)
*****
These Writ Petitions are filed under Articles 226 & 227 of
the Constitution of India, praying to quash notification dated
09.10.2018 issued by R-1 at annexure-D or in the alternative
notification dated 03.09.2018 issued by R-1 at annexure-B and
etc.
14
W.P. No.50095/2018
Between:
Sri Bajil D Souza
S/o Jeri D Souza
Aged About 48 Years
Paramanuru
Mangalore - 575001
Dakshin Kannada. ... Petitioner
(By Sri. Varun J Patil, Advocate)
And:
1. State of Karnataka
Urban Development Department
M S Building,
Bangalore - 560001
Rep. by its Secretary
2. The Deputy Commissioner
Dakshin Kannada
Mangalore - 575001
3. The Assistant Commissioner
Also Returning Officer
Dakshin Kannada
Mangalore - 575001
4. The City Municipal Council
Ullal,
Ullal- 575020
Represented by its
Chief Executive Officer
5. The City Municipal Council
Nippin Taluk
Nippin,
15
Belagavi District - 591237
Represented by its
Chief Executive Officer
6. The City Municipal Council
Harihar, Harihar Taluk
Davangeri District - 577601
Represented by its
Chief Executive Officer
7. The City Municipal Council
Sirsi, Sirsi Taluk
Uttara Kannada District - 581402
Represented by its
Chief Executive Officer
8. The City Municipal Council
Sindhanur
Sindhanur Taluk
Raichur District - 584128
Represented by its
Chief Executive Officer
9. The City Municipal Council
Rabkavi Banahatti,
Rabkavi,
Banahatti Taluk
Bagalkot Dist : 587314
Represented by its
Chief Executive Officer
10. The City Municipal Council
Challakere, Challakere Taluk
Chitradurga Taluk
Chitradurga District - 577522
Represented by its
Chief Executive Officer
16
11. The City Municipal Council
Mulabagilu
Mulabagilu Taluk
Kolar District - 563131
Represented by its
Chief Executive Officer
12. The City Municipal Council
Koppal Koppal District- 583231
Represented by its
Chief Executive Officer
13. The City Municipal Council
Madikeri
Madikeri Taluk
Kodagu District - 571201
Represented by its
Chief Executive Officer
14. The City Municipal Council
Bagalkote
Bagalkote District- 587101
Represented by its
Chief Executive Officer
15. The City Municipal Council
Shahabad
Shahabad Taluk
Gulberga District - 585228
Represented by its
Chief Executive Officer
16. The City Municipal Council
Chitradurga
Chitradurga District - 577501
Represented by its
Chief Executive Officer ... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
17
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. Lokesh Malavalli, Advocate for R5;
Sri. B. K. Manjunath, Advocate for R6;
Sri. Ravi G. Sabahit, Advocate for R7;
Sri. Ravi H. K., Advocate for R8;
Sri. S. Mahesh, Advocate. For R16;
R4, R9, R11 & R15 - served)
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash notification dated
09.10.2018 issued by R-1 at annexure-C or in the alternative
notification dated 03.09.2018 issued by R-1 at annexure-A and
etc.
W.P. No.47386/2018
Between:
Smt Prathima Mohana
W/o Mohana,
Aged about 38 years
68/7, Uchangi Nagara,
Market Road,
Karkala,
Udupi-574 104. ... Petitioner
(By Sri. Varun Jaykumar Patil, Advocate)
And:
1. State of Karnataka
Urban Development Department,
M.S.Building,
Bangalore-560 001.
Rep. By Its Secretary.
18
2. The Deputy Commissioner
Udupi,
Dakshina Kannada District 574104.
3. The Thasildar
Also Returning Officer,
Udupi,
Dakshina Kannada District-574104.
4. The Town Municipal Council
Karkala,
Karkala Taluk,
Udupi District 574104.
5. The Town Municipal Council
Ron, Ron Taluk,
Gadag District 582209.
Represented by its
Chief Executive Officer.
6. The Town Municipal Council
Ramdurg-574104,
Belgaum District,
Represented by its
Chief Executive Officer.
7. The Town Municipal Council
Bantwal,
Bantwal Taluk,
Dakshina Kannada District-574219,
Represented by its
Chief Executive Officer,
8. The Town Municipal Council
Kurugoudu,
Kurugoudu Taluk,
Bellary District-583116,
Represented by its
Chief Executive Officer.
19
9. The Town Municipal Council
Channagiri,
Channagiri Taluk,
Davanagere District- 577213,
Represented By Its
Chief Executive Officer.
10. The Town Municipal Council
Kundapur,
Kundapur Taluk,
Udupi District-576201,
Represented by its
Chief Executive Officer.
11. The Town Municipal Council
Madhugeri,
Madhugiri Taluk,
Tumkur District-572132.
Represented by its
Chef Executive Officer.
12. The Town Municipal Council
Gurumitkal,
Gurumitkal Taluk,
Yadgeri District-585214,
Represented By iis
Chief Executive Officer.
13. The Town Municipal Council
Konappana Agrahara,
Bangalore South Taluk,
Bangalore District-560100,
Represented By its
Chief Executive Officer.
14. The Town Municipal Council
Gajendragada,
Gajendragada Taluk,
Gadag Distric -582114,
20
Represented by its
Chief Executive Officer.
15. The Town Municipal Council
Nagamangala,
Nagamangala Taluk,
Mandya District-571432.
Represented by its
Chief Executive Officer.
16. The Town Municipal Council
Vijayapura,
Devanahalli Taluk,
Bangalore Rural District-562135,
Represented by its
Chief Executive Officer.
17. The Town Municipal Council
Sakaleshapura,
Sakaleshapura Taluk,
Hassan District 573134,
Represented by its
Chief Executive Officer
18. The Town Municipal Council
Mudabidri,
Mudabidri Taluk,
Dakshina Kannada District-574227,
Represented by its
Chief Executive Officer.
... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16;
R4 to R7, R9 to R11, R13, R14, R17 & R18 - served
And unrepresented)
21
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the Notification dated
9.10.2018 Issued By R-1 at Annex-C or in the alternative
notification Dated 3.09.2018 Issued By R-1 At Annex-A and etc.
W.P. Nos.47204-47207/2018
Between:
1. Sri Amjad Patel
S/o S M Patel
Aged About 50 Years
Councillor
City Municipal Council Koppal
R/At Hamalara Colony
Koppal-583 231
2. Sri Virapakshappa
S/o Sangappa Yallammnavar
Aged About 52 Years
Councillor
City Municipal Council Koppal
R/At Behind Sharada Talkies
Koppal-583 231
3. Sri Akber Pasha Kasim Sab
S/o Kasim Sab
Aged About 48 Years
Councillor
City Municipal Council Koppal
R/At Pathangalli
Koppal-583 231
4. Sri Sabiya Sultana
W/o Syed Adil Patel
22
Aged About 34 Years
Councillor
City Municipal Council Koppal
R/At Tiggen Kara Street
Koppal-583 231.
... Petitioners
(By Sri. Mahamad Tahir A, Advocate)
And:
1. State of Karnataka
Urban Development Department
M S Building
Bangalore-560 001
Rep. By Its Secretary
2. The Deputy Commissioner
Koppal, Koppal-582 331
3. The Assistant Commissioner
Also Returning Officer
Koppal
Koppal-582 331
4. The City Municipal Council
Koppal
Koppal-582 331
Represented By Its Chief Executive Officer
5. The City Municipal Council
Nippin
Nippin Taluk
Belagavi Dist-591 237
Represented By Its Chief Executive Officer
23
6. The City Municipal Council
Harihar
Harihar Taluk
Davangeri Dist-577 601
Represented By Its Chief Executive Officer
7. The City Municipal Council
Sirsi
Sirsi Taluk
Uttara Kannada Dist-581 402
Represented By Its Chief Executive Officer
8. The City Municipal Council
Sindhanur
Sindhanur Taluk
Raichur Dist-584 128
Represented By Its Chief Executive Officer
9. The City Municipal Council
Rabkavi Banahatti
Rabkavi Banahatti Taluk
Bagalkot Dist-587 314
Represented By Its Chief Executive Officer
10. The City Municipal Council
Challakere
Challakere Taluk
Chitradurga Dist-577 522
Represented By Its Chief Executive Officer
11. The City Municipal Council
Mulabagilu
Mulabagilu Taluk
Kolar Dist-563 131
Represented By Its Chief Executive Officer
24
12. The City Municipal Council Ullal
Ullal Taluk
Mangalore Dist-575 020
Represented By Its Chief Executive Officer
13. The City Municipal Council
Medikeri, Medikeri Taluk
Kodagu Dist-571 201
Represented By Its Chief Executive Officer
14. The City Municipal Council
Bagalkote, Bagalkote Dist-587 101
Represented By Its Chief Executive Officer
15. The City Municipal Council
Shahabad
Shahabad Taluk
Gulberga Dist-585 228
Represented By Its Chief Executive Officer
16. The City Municipal Council
Chitradurga
Chitradurga Dist-577 501
Represented By Its Chief Executive Officer.
... Respondents
(By Sri. Dinesh Rao, AAG a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. Lokesh Malavalli, Advocate for R5;
Sri. B. K. Manjunath, Advocate for R6;
Sri. Ravi G. Sabahit, Advocate for R7;
Sri. Ravi H.K. Advocate for R8;
Smt. Anusuya Devi, Advocate for R13;
Sri. S. Mahesh, Advocate for R16;
R8, R9, R12, R14 & R15 - served
and unrepresented)
25
These Writ Petitions are filed under Articles 226 & 227 of
the Constitution of India, praying to quash notification dated
09.10.2018 issued by R-1 at annexure-C or in the
alternative notification dated 03.09.2018 issued by R-1 at
annexure-A and etc.
W.P. Nos.47214-47218/2018
Between:
1. Smt Raibhog Sangeeta Chandrakant
W/o Chandrakant Raibhog
Aged About 29 Years
Councillor
Town Munciipal Council Ramdurga R/At Junipet
Ramdurga - 591 123.
2. Smt Parvati Ramesh Naik
W/o Ramesh Naik
Aged About 45 Years
Councillor
Town Municipal Council Ramdurga
R/At Killawoni
Ramdurga - 591 123.
3. Sri Durgappa Kempanna Bandivatar
S/o Kempanna
Aged About 35 Years
Councillor
Town Municipal Council
Ramdurga
R/At Bhaganagar
Ramdurga - 591 123.
4. Sri Mehaboob Sab Ghouse Targala
S/o Ghouse Sab
Aged About 41 Years
26
Councillor
Town Municipal Council Ramdurga
R/At Maddiwoni
Ramdurga - 591 123.
5. Sri Imam Sab Mehboob Sab Kaladgi
S/o Mehboob Sab
Aged About 43 Years
Councillor
Town Municipal Council Ramdurga
R/At Sripathnagar
Ramdurga - 591 123. ... Petitioners
(By Sri. Mahamad Tahir A)
And:
1. State of Karnataka
Urban Development Department,
M S Building
Bangalore - 560001
Rep By its Secretary
2. The Deputy Commissioner
Belagavi
Belagavi Dist - 590001
3. The Thasildar
Also Returning Officer
Belagavi,
Belagavi District - 590001
4. The Town Municipal Council
Ramdurg
Ramdurg Taluk
Belagavi District- 591 123.
Represented by its
Chief Executive Officer
27
5. The Town Municipal Council
Ron, Ron Taluk,
Gadag District - 582209
Represented by its
Chief Executive Officer
6. The Town Municipal Council
Karkala,
Karkala Taluk
Udupi District - 574104
Represented by its
Chief Executive Officer
7. The Town Municipal Council
Bantwal, Bantwal Taluk
Dakshina Kannada Dist - 574219
Represented by its
Chief Executive Officer
8. The Town Municipal Council
Kurugoudu
Kurugoudu Taluk
Bellary District - 583116
Represented by its
Chief Executive Officer
9. The Town Municipal Council
Channagiri
Channagiri Taluk
Davangere District - 577213
Represented by its
Chief Executive Officer
10. The Town Municipal Council
Kundapur Kundapur Taluk
Udupi District - 576201
Represented by its
Chief Executive Officer
28
11. The Town Municipal Council
Madhugeri
Madhugeri Taluk
Tumkur District- 572132
Represented by its
Chief Executive Officer
12. The Town Municipal Council
Gurumitkal
Gurumitkal Taluk
Yadageri District - 585214
Represented by its
Chief Executive Officer
13. The Town Municipal Council
Konappanaagarahara
Bangalore South Taluk
Bangalore District - 560100
Represented by its
Chief Executive Officer
14. The Town Municipal Council
Gajendragada
Gajendragada Taluk
Gadag Dist - 582114
Represented by its
Chief Executive Officer
15. The Town Municipal Council
Nagamangala
Nagamangala Taluk
Mandya District- 571432
Represented by its
Chief Executive Officer
16. The Town Municipal Council
Vijayapura
Devanahalli Taluk
Bangalore Rural District - 562135
29
Represented by its
Chief Executive Officer
17. The Town Municipal Council
Sakaleshapura
Sakaleshapura Taluk
Hassan District - 573134
Represented by its
Chief Executive Officer
18. The Town Municipal Council
Mudabidri
Mudabidri Taluk
Dakshina Kannada Dist - 574227
Represented by its
Chief Executive Officer.
... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16;
R4 to R7, R10 to R14, R17 & R18 - served
and unrepresented)
These Writ Petitions are filed under Articles 226 & 227 of
the Constitution of India, praying to quash notification dated
09.10.2018 issued by R-1 at annexure-C or in the
alternative notification dated 03.09.2018 issued by R-1 at
annexure-A and etc.
W.P. No. 47385/2018
Between:
Smt. Prabhvathi J Shetty
W/o. Jayanand Shetty,
30
Aged About 62 Years,
Councillor,
Town Municipal Council,
Kundapura,
R/At Kodgi Compound-436-2,
Kundapura,
Udupi District-576 201. ... Petitioner
(By Sri. Varun Jaykumar Patil, Advocate)
And
1. State of Karnataka
Urban Development Department,
M.S. Building,
Bangalore-560 001,
Rep. By Its Secretary.
2. The Deputy Commissioner
Yadgeri,
Yadgeri District-585 201.
3. The Thasildar
Also Returning Officer,
Yadgeri,
Yadgeri District-585 201.
4. The Town Municipal Council
Kundapura,
Kundapura Taluk,
Udupi District-576 201,
Represented by its Chief Executive Officer.
5. The Town Municipal Council
Ron, Ron Taluk,
Gadag District-582 209,
Represented by its Chief Executive Officer.
31
6. The Town Municipal Council
Karkala,
Karkala Taluk,
Udupi District-574 104,
Represented by its Chief Executive Officer.
7. The Town Municipal Council
Bantwal,
Bantwal Taluk,
Dakshina Kannada District-574 219,
Represented by its Chief Executive Officer.
8. The Town Municipal Council
Kurugoudu,
Kurugoudu Taluk,
Bellary District-583 116,
Represented by its Chief Executive Officer.
9. The Town Municipal Council
Channagiri,
Channagiri Taluk,
Davanagere District-577 213,
Represented by its Chief Executive Officer.
10. The Town Municipal Council
Gurumitkal,
Gurumitkal Taluk,
Yadgeri District-585 214,
Represented by its Chief Executive Officer.
11. The Town Municipal Council
Madhugeri,
Madhugeri Taluk,
Tumkur District-572 132,
Represented by its Chief Executive Officer.
12. The Town Municipal Council
Ramdurg,
Ramdurg Taluk,
32
Belagavi District-591 123,
Represented by its Chief Executive Officer.
13. The Town Municipal Council
Konappana Agrahara,
Bangalore South Taluk,
Bangalore District-560 100,
Represented by its Chief Executive Officer.
14. The Town Municipal Council
Gajendragada,
Gajendragada Taluk,
Gadag District-582 114,
Represented by its Chief Executive Officer.
15. The Town Municipal Council
Nagamangala,
Nagamangala Taluk,
Mandya District-571 432
Represented by its Chief Executive Officer.
16. The Town Municipal Council
Vijayapura,
Devanahalli Taluk,
Bangalore Rural District-562 135,
Represented by its Chief Executive Officer.
17. The Town Municipal Council
Sakaleshapura,
Sakaleshapura Taluk,
Hassan District-573 134,
Represented by its Chief Executive Officer.
18. The Town Municipal Council
Mudabidri,
Mudabidri Taluk,
Dakshina Kannada District-574 227,
Represented by its Chief Executive Officer.
33
19. The Town Municipal Council
Jewargi Taluk,
Kalaburgi District-585 310,
Represented by its Chief Executive Officer.
20. The Town Municipal Council
Hungund,
Hungund Taluk,
Bagalkot District-587 118,
Represented by its
Chief Executive Officer. ... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16;
R4 to R8, R11 to R14, R17 & R18 - served
and unrepresented)
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash notification dated
3.9.2018 issued by the R-1 at annex-A and notification dated
9.10.2018 issued by R-1 at annex-C;
W.P. Nos.47191-47200/2018
Between:
1. Sri Mehboob Hydarse Bagbam
S/o Hydarse Bagbam
Aged About 43 Years
Councillor
Town Panchayath Nalatwad
R/At Bharpetgali
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
34
2. Sri Kasim Sab Ali Sab Chilunkhoru
S/o Ali Sab Chilunkhoru
Aged About 65 Years
Councillor
Town Panchayath Nalatwad
R/At Nagagowda Voni
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
3. Sri Hanumanth Kanigere
S/o Nilappa Kanigere
Aged About 43 Years
Councillor T
own Panchayath Nalatwad
R/At Peddarpette Nalatwad - 586124
Taluq Muddebihal
Vijapura District
4. Smt Basalingamma Maski
W/o Mallappa Maski
Aged About 72 Years
Councillor
Town Panchayath Nalatwad
R/At Deshmukh Street
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
5. Sri Bheemavva Lakshmi Kshatri
W/O Venkatesh Kshatri
Aged About 44 Years
Councillor
Town Panchayath Nalatwad
R/At Near Veereshwar College
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
35
6. Smt Sangamma Ganganagouda
W/O Mahantappa Ganganagouda
Aged About 42 Years
Councillor
Town Panchayath Nalatwad
R/At Vinayakanagar
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
7. Sri Dastagirsab Hussainsa Areshankar
S/O Hussainsa Areshankar
Aged About 66 Years
Councillor
Town Panchayath Nalatwad
R/At Mehboob Nagar
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
8. Sri Hiremath Shivashankarayya
S/O Basayya
Aged About 52 Years
Councillor
Town Panchayath Nalatwad
R/At Bharpetgali
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
9. Smt Salma Begam Nadadal
W/O Abdul Razzak Nadadal
Aged About 34 Years
Councillor
Town Panchayath Nalatwad
R/At Bharpetgali
Nalatwad - 586124
Taluq Muddebihal
Vijapura District
36
10. Sri Prithviraj S Nadagoudar
S/O Somashekhar
Aged About 34 Years
Councilor
Town Panchayath Naltwad
R/At Nagagoudarvoni
Nalatwad - 586124
Taluq Muddebihal
Vijapura District. ... Petitioners
(By Sri. Mahamad Tahir A, Advocate)
And:
1. State of Karnataka
Urban Development Department,
M S Building
Bangalore - 560001
Rep By Its Secretary
2. The Deputy Commissioner
Bijapur
Bijapur District - 586101
3. The Tasildar
Also Returning Officer
Muddebihal
Bijapur Dist - 586212
4. The Town Panchayath
Nalatwad
Muddebihal Taluk
Bijapur District - 586124
Represented By Its Chief Executive Officer
5. The Town Panchayath
Molkalmuru
Chitradurga District - 577535
Represented By Its Chief Executive Officer
37
6. The Town Panchayath
Bilagi Taluk
Bagalkot District- 571401
Represented By Its Chief Executive Officer
7. The Town Panchayath Kerur
Kerur Taluk
Bagalkot District 587206
Represented By Its Chief Executive Officer
8. Smt. Latha S Chalavadi
W/o. Siddappa Chalavadi
Age:38 years
Occ: Member of Town Panchayath
R/o. Ambedkar Nagar
Nalatwad
Tq: Muddebihal
District: Vijayapur.
... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. B. S. Hadimani, Advocate for R5;
Sri. Abhishek M. Patil, Advocate for R8;
R6 - served)
These Writ Petitions are filed under Articles 226 & 227 of
the Constitution of India, praying to quash notification dated
9.10.2018 issued by the R-1 at annex-C or in the alternative
notification dated 3.9.2018 issued by R-1 at annex-A and etc.
W.P. Nos. 47202-47203/2018
Between:
1. Smt Pavitramma
W/o Sharanappa
38
Aged About 33 Years,
Councillor
Town Municipal Council
Gurumitkal
R/At Nannapur
Gurumitkal-585214
2. Smt Bhiamamma
W/o Magalappa
Aged About 50 Years,
Councillor Town Council Koppal
R/at Harijanwada
Gurumitkal-585 214. ... Petitioners
(By Sri. Mohamad Tahir .A., Advocate)
And:
1. State of Karnataka
Urban Development Department,
M.S. Building,
Bangalore-560 001,
Rep. by its Secretary.
2. The Deputy Commissioner
Yadgeri,
Yadgeri District-585 201.
3. The Thasildar
Also Returning Officer,
Yadgeri,
Yadgeri District-585 201.
4. The Town Municipal Council
Gurumitkal,
Gurumitkal Taluk,
Yadgeri Dist-585 214,
Represented by its Chief Executive Officer.
39
5. The Town Municipal Council
Ron,
Ron Taluk,
Gadag District-582 209,
Represented by its Chief Executive Officer.
6. The Town Municipal Council
Karkala,
Karkala Taluk,
Udupi District-574 104,
Represented by its Chief Executive Officer.
7. The Town Municipal Council
Bantwal,
Bantwal Taluk,
Dakshina Kannada District-574 219,
Represented by its Chief Executive Officer.
8. The Town Municipal Council
Kurugoudu,
Kurugoudu Taluk,
Bellary District-583 116,
Represented by its Chief Executive Officer.
9. The Town Municipal Council
Channagiri,
Channagiri Taluk,
Davanagere district-577 213,
Represented by its Chief Executive Officer.
10. The Town Municipal Council
Kundapur,
Kundapur taluk,
Udupi District-576 201,
Represented by its Chief Executive Officer.
11. The Town Municipal Council
Madhugeri,
Madhugeri Taluk,
40
Tumkur District-572 132,
Represented by its Chief Executive Officer.
12. The Town Municipal Council
Ramdurg,
Ramdurg Taluk,
Belagavi District-591 123,
Represented by its Chief Executive Officer.
13. The Town Municipal Council
Konappana Agrahara,
Bangalore South Taluk,
Bangalore District-560 100,
Represented by its Chief Executive Officer.
14. The Town Municipal Council
Gajendragada,
Gajendragada Taluk,
Gadag District-582 114,
Represented by its Chief Executive Officer.
15. The Town Municipal Council
Nagamangala,
Nagamangala Taluk,
Mandya District-571 432
Represented by its Chief Executive Officer.
16. The Town Municipal Council
Vijayapura,
Devanahalli Taluk,
Bangalore Rural District-562 135,
Represented by its Chief Executive Officer.
17. The Town Municipal Council
Sakaleshapura,
Sakaleshapura Taluk,
Hassan District-573 134,
Represented by its Chief Executive Officer.
41
18. The Town Municipal Council
Mudabidri,
Mudabidri Taluk,
Dakshina Kannada District-574 227,
Represented by its Chief Executive Officer.
19. The Town Municipal Council
Jewargi Taluk,
Kalaburgi District-585 310,
Represented by its Chief Executive Officer.
20. The Town Municipal Council
Hungund,
Hungund Taluk,
Bagalkot District-587 118,
Represented by its
Chief Executive Officer. ... Respondents
(By Sri. Dinesh Rao, Additional Advocate General a/w
Smt. Prathima Honnapura, AGA for R1 to R3;
Sri. M. Praddep , Advocate for R13;
Sri. R. Kothwal, Advocate for R15;
Sri. J. G. Chandra Mohan, Advocate for R16;
R4 to R8, R10 to R12, R14, R17, R18 to R20 - served)
These Writ Petitions are filed under Articles 226 & 227 of
the Constitution of India, praying to quash notification dated
9.10.2018 issued by the R-1 at annex-C or in the alternative
notification dated 3.9.2018 issued by R-1 at annex-A and etc.
W.P. No.48518/2018
Between:
K Veerabadraiah
S/o Late Krishnappa
42
Aged about 48 Years
Councilor
CMC Challakere
Chitradurga District -577 501. ... Petitioner
(By Sri Nagarajappa A, Advocate.)
And:
The State of Karnataka
Represented By Its Secretary
Government of Karnataka
Urban Development Department
M S Building
Dr. Ambedkar Veedhi
Bengaluru-560 001. ... Respondent
(By Sri. Dinesh Rao, Additional Advocate General
a/w Smt. Prathima Honnapura, AGA)
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the withdrawal
notification dated 9.10.2018 at Sl.No.1 at annex-F issued by the
respondent and also the notification dated 3.9.2018 reserving
the office of the President SC Women at Sl.No.6 issued by
respondent at annex-C and etc.
W.P. No.47996/2018
Between:
Sri. Arun M
S/o M. Narayana
Aged 45 years
R/at Swamy Nivas
43
School Road, Vittal
Dakshina Kannada - 574 243. .... Petitioner
(By Sri. Vinod Kumar M., Advocate)
And
1. The State of Karnataka
Represented by its Secretary
Department of Urban Development
Vikasa Soudha,
Ambedkar Veedhi
Bengaluru-560 001.
2. The Deputy Commissioner
Dakshina Kannada District
Mangalore - 576 001.
3. The Chief Officer
Town Panchayat
Vital,
Dakshina Kannada District - 574 243
... Respondents
(By Sri. Dinesh Rao, Additional Advocate General
a/w Smt. Prathima Honnapura, AGA for R1 & R2;
Sri. Pundikai Ishwara Bhat, Advocate for R3)
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the impugned
notification dated 3.9.2018 vide Annexure-C issued by the R-1
and etc.
These Writ Petitions coming on for Orders, this day,
the Court, made the following:
44
ORDER
The respondents have filed a memo stating that the issue involved in these petitions concern the notification dated 03.09.2018 pertaining to Town Panchayath, City Municipal Council, Town Municipalities which were the subject matter of Writ Petition Nos.105750-754/2018 and connected matters and also Writ Petition Nos.39966- 967/2018 which had been disposed of by this Court on 10.12.2018 and 09.10.2018 respectively. It is submitted that in view of the notification being applicable to the entire State and the same having been subject matter of the above mentioned writ petitions which had been disposed of, a fresh enquiry into the validity of the said notification would amount to judicial review in a piece meal manner and does not arise.
2. Learned counsel for the petitioners have pointed out that fresh contentions have been raised as regards the validity of the notification dated 03.09.2018 providing for 45 reservation and rotation, which had not been placed before the Court and were not considered by this Court which had decided the earlier writ petitions.
3. Noticing that the notification dated 03.09.2018 covers the entire State and part of the notification relating to President and Vice-President of some of the Municipal bodies were subject matter of orders passed as referred to above, it would be inappropriate to consider the matters on hand.
4. Though various contentions are raised by the petitioners including a challenge to the permissibility of withdrawal vide notification dated 09.10.2018 of the second notification dated 06.09.2018 which modified the original notification dated 03.09.2018 which had provided for reservation of posts of President/Vice President across the State of Karnataka.
46
5. However, noticing that a challenge to the notification dated 03.09.2018 has already been the subject matter of writ petitions referred to above, without getting into the contentions on merits, the present writ petitions are disposed of in terms of the order dated 10.12.2018 passed in Writ Petition Nos.105750-754/2018 and connected matters as well as an order dated 09.10.2018 passed in Writ Petition Nos.39966-967/2018. It is made clear that there cannot be judicial review before this Court as regards the validity of the said notification as the same have already been dealt with in the above referred writ petitions. Accordingly, without entering into the merits of the contentions, the present matters are disposed of in terms of the orders referred to above.
6. It is observed that the challenge to the notification dated 09.10.2018 which withdrew the second notification would come into play only if the notification dated 03.09.2018 is not quashed in appeal. In view of 47 disposal of the writ petitions, the petitioners are at liberty to raise the contention as regards the validity of order dated 09.10.2018 in the appeal if filed and found necessary. The learned Additional Advocate General points out that in view of the liberty granted by this Court, the petitioners cannot be permitted to seek for inconsistent pleas. The said question is also kept open.
Accordingly, writ petition is disposed of.
Sd/-
JUDGE SN/-