Karnataka High Court
Shri Mavalli Shankar vs The State Of Karnataka on 25 February, 2013
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF FEBRUARY 2013
PRESENT
THE HON'BLE MR. K. SREEDHAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE S. ABDUL NAZEER
W.P. Nos.51858-51866/2012 (GM-RES-PIL)
BETWEEN:
1. Shri Mavalli Shankar
Aged 50 years
S/o. Muniswamappa
State Chief Convener
Karnataka Dalitha Sangarsha Samithi
(Ambedkarwada)
R/o. No.151, 9th Cross
Lalbagh Fort Road
Doddamavalli, Bangalore 560 004
2. Shri B. Channa Krishnappa
Aged 48 years
S/o. Buddappa
Karnataka Samatha Sainik Dal
R/o. Dalasagere Village
Nelvagilu Post
Hosakote Taluk
Bangalore Rural Dist 562 122
3. Shri. K.V. Balakrishna
Aged 41 years
2
s/o. late Shri K. Velu
State President
Dr. B.R. Ambedkar Dalith Sangarsha Samithi (R)
R/o. No.25, Anu Shri Bhavan
9th Cross, 1st Indiraghandhi Main
(Near Maddonna School) A. Narayanapura
Behind Tin Factory
Udayanagar
Bangalore 560 016
4. Shri A.B. Hosamani
Aged 45 years
S/o. Bheemappa Hosamani
State President
Republican Party of India
R/o. No.291, Dr. B.R. Ambedkar Nagar
CIB Colony
Behind Central Bus Stand
Gulbarga 565 103
5. Shri B.T. Shrinivas
Aged 60 years
S/o. Thimmaiah
The General Secretary
73 Ward SC/ST OBC RM Association
R/o. No.10, Bharath Vihar Apartments
9th Cross, N.R. Colony
HAL 3rd Stage
Bangalore 560 017
6. Shri Y. Mariswamy
Adult
State Organiser
Samajika Parivarthana Janandolana
R/o. 569, 1st Floor, 7th Cross
Near Hero Honda Show Room
Lingarajapur
Bangalore 560 084
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7. Shri T. Narasimha Murthy
Aged about 52 years
S/o. late Thyagaraj
Human Right Activist
R/o. No.18, E-4th Street
O.M. Road, Ulsoor
Bangalore 560 008
8. Shri. Annayya
Adult
State Convener
Dalith Sangarsha Samithi
R/o. 22/1 2nd Main Road
Bennigana Village
Telephone City, Bangalore 560 016
9. Shri G. Marappa
Aged 45 years
State Deputy Convener
Dalith Sangarsha Samithi
(Samatha Waada)
R/o. No.167, Dr. B.R. Ambedkar Nagar
15th Cross, A Sector
Yelahanka Upa Nagar
Bangalore 560 064 ... PETITIONERS
(By Sri. M.S. Rajendra Prasad, Sr. Counsel
And Sri. A.K. Subbaiah, Counsel
for Sri. M. Kumbaiah, Adv.)
AND :
1. The State of Karnataka
Rep. by its Chief Secretary
Vidhana Soudha
Vidhana Veedhi
Bangalore 560 001
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2. Bangalore Metro Rail Corporation Ltd.
3rd Floor, BMTC Complex
K.H. Road, Shanthinagar
Bangalore 560 027
3. A.V. Amarnathan
Advocate
S/o. T.K. Karunakaran
Aged 55 years
No.1756, 1st 'B' Main
Kiran Narayan Mansion
'D' Block, II Stage
Rajajinagar
Bangalore 560 010
4. Chalavadi Mahasabha State Committee
Rep. by its Bangalore City President
C. Narayanaswamy
Door No.1312, 5th Cross, 7th Main
K.N. Extension
Triveni Road
Bangalore 560 002 ... RESPONDENTS
(By Sri. Sajan Poovayya, Additional Advocate General
For Sri. R. Devadas, AGA, R-1
Sri. Harish N.N. for M/s. Aaren Assocaites, Advs. For R-2
Sri. A.V. Amarnathan, Party in person for R-3
Sri. J.D. Elangovan, Adv. for R-4)
These writ petitions are filed under Articles 226 and 227
of the Constitution of India praying to direct entire records
pertaining to W.P. No. 47999/2012 be put up with these
petitions and pursue the said records and etc.
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These writ petitions coming on for Orders this day,
ACTING CHIEF JUSTICE made the following:
ORDER
K. SREEDHAR RAO, Ag.CJ., (Oral) Sri. A.K. Subbaiah, learned Counsel for the petitioners submits that the petitioners have no opposition for relocation of the statue of Dr. B.R. Ambedkar for temporary period until the Metro work is completed. However, he submits that after the completion of the Metro work, the statue should be relocated in the same place.
2. Sri. Sajan Poovayya, Additional Advocate General submits that the petitioners may give suggestions for the place where the statue is to be located temporarily. He submits that after the completion of the Metro work, the statue would be reinstalled in the original place with all ceremonial respects and honours.
3. In that view of the matter, it is directed that the Metro shall, as far as possible, complete the work in or around 6 vulnerable zones preferably within two months. The Bench appreciates the services of Sri A.K. Subbaiah, Counsel for the petitioners, Sri. N.N., Harish, Counsel for the Metro and Sri. Sajan Poovayya, Additional Advocate General for graceful and peaceful solution found for the sensitive issue. Accordingly, the writ petitions are disposed of.
Sd/-
AG. CHIEF JUSTICE Sd/-
JUDGE.
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