Karnataka High Court
M Muinarasimhaiah vs The Principal Secretary on 6 September, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 17523 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 17523 OF 2022 (KLR-RES)
BETWEEN:
1. M MUINARASIMHAIAH
S/O LATE MUNIYAPPA
AGED ABOUT 68 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.44, 5th CROSS,
KUNADALAHALLI,
DODDANEKUNDI POST,
BENGALURU 560 037
2. CHINNAPPA
S/O LATE DASAPPA
AGED ABOUT 58 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
23/50, 7th CROSS,
Ist MAIN,
KUNDALAHALLI VILLAGE,
BENGALURU NORTH,
BENGALURU
DODDANEKUNDI
KARNATAKA 560 037
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WP No. 17523 of 2022
3. SMT. LAKSHMAMMA
W/O LATE VENKATARAJA
AGED ABOUT 48 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
90/63, 1st MAIN,
6TH CROSS,
KUNDHALAHALLI VILLAGE,
MARATHAHALLI COLONY,
BENGALURU NORTH TALUK
BENGALURU 560 037
4. SMT. KAIYAMMA
W/O PRAKASH,
AGED ABOUT 71 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
KUNDALAHALLI VILLAGE,
DODDANEKUNDI POST,
BENGALURU EAST TALUK
BENGALURU 560 037
5. SMT. LAKSHMAMMA
W/O LATE NARAYANAPPA
AGED ABOUT 54 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO. 924, 4th CROSS,
2nd MAIN, AMBEDKAR COLONY,
DODDANEKUNDI
BENGALURU 560 037
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WP No. 17523 of 2022
6. V RAGHU
S/O VENKATESH C
AGED ABOUT 26 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO. 19/1, 5th CROSS,
1st MAIN ROAD,
KUNDALAHALLI
BENGLAURU 560 037
7. SMT. SHANTHAMMA
W/O RAVI
AGED ABOUT 36 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
MARANAYAKANAHALLI VILLAGE,
CHIKKAJALLA POST,
YELAHANKA TALUK
BENGALURU NORTH
BENGLAURU 562157
8. M SHANKARAPPA
S/O LATE MUNIVEERAPPA
AGED ABOUT 47 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.29, 5th CROSS,
2nd MAIN , AMBEDKAR COLONY,
DODDANEKUNDI
BENGLAURU 560 037
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WP No. 17523 of 2022
9. SMT. VENKATAMMA
W/O LATE MUNIYAPPA
AGED ABOUT 70 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.37, 7th CROSS,
2nd MAIN , AMBEDKAR COLONY,
DODDANEKUNDI
BENGLAURU 560 037
10. SMT. GULAMMA
W/O GUNDAPPA
AGED ABOUT 75 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.30, 2nd MAIN ROAD,
MAHADEVAPURA
DODDANEKUNDI
BENGALURU NORTH TALUK
BENGLAURU 560 037
11. RAJAPPA
S/O MUNI GANGAPPA
AGED ABOUT 51 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.89, 2nd MAIN
AMBEDKAR COLONY,
DODDANEKUNDI
BENGLAURU 560 037
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WP No. 17523 of 2022
12. S SURESH
S/O LATE K SRINIVAS
AGED ABOUT 47 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.1, NEAR MARAMMA TEMPLE
DODDANEKUNDI
BENGLAURU 560 037
13. S PRASHANTH KUMAR
S/O LATE K SRINIVASA
AGED ABOUT 43 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.1 NEAR MARAMMA TEMPLE,
DODDANEKUNDI
BENGALURU 560 037
14. M BALASUBRAMANI RAJU
S/O LATE MUNISWAMY RAJU B
AGED ABOUT 51 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO 779, 1st CROSS,
ITPL MAIN ROAD,
RAJAPALYA,HOODI,
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU 560 048
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WP No. 17523 of 2022
15. M BALSUBRAMANI RAJU
S/O LATE MUNISWAMY RAJU B,
AGED ABOUT 53 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.779, 1ST CROSS,
ITPL MAIN ROAD, RAJAPALYA,
HOODI, MAHADEVAPURA
BENGALURU NORTH TALUK
BENGALURU 560 048
16. SMT. NANJAMMA
W/O NAGAIIAH,
AGED ABOUT 55 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.535, 4TH CROSS,
C.K NAGAR, HOSSA ROAD,
ELECTRONIC CITY,
BENGALURU SOUTH TALUK
BENGALURU 560 100
17. SMT. GULLAMMA
W/O LATE MARIYAPPA
AGED ABOUT 75 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO. 45, 4TH CROSS,
NEAR MADUGERAMMA TEMPLE,
SEETHARAMPALYA,
MAHADEVAPURA
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WP No. 17523 of 2022
BENGALURU NORTH TALUK
BENGALURU 560 048
18. SMT. AKKAIYAMMA
W/O LATE VENKATESHAPPA
AGED ABOUT 69 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK
BENGALURU 573 201
PRESENTLY R/AT
NO.68, 1st CROSS, BASAVANAGARA ,
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU 560 048.
19. SHAIK BABU,
S/O LATE IMAM SAB,
AGED ABOUT 55 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.1178, 3rd CROSS,
NEAR BASAVANANAGARA MASJEED,
HOODI, MAHADEVAPURA POST,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
20. SMT. GOWRAMMA,
W/O MUNISWAMPAPPA,
AGED ABOUT 57 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.29, 1st MAIN, 2nd CROSS,
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WP No. 17523 of 2022
NEAR SHRI RAM TEMPLE,
BASAVANAGAR, MAHADEVAPURA,
BENGLAURU NORTH TALUK,
BENGALURU - 560 048.
21. SMT. ANJINAMMA,
W/O LATE DASAPPA @ MUNIDASAPPA,
AGED ABOUT 61 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.377, RAJAPALYA, HOODI,
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
22. SMT. YERAMMA,
W/O KALLAPPA,
AGED ABOUT 70 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.1101, 1st MAIN, 2nd CROSS,
NEAR SHRI RAMA TEMPLE,
BASAVANNA NAGAR,
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
23. SMT. KRISHNAMMA,
W/O M. CHANDRA,
AGED ABOUT 57 YEARS,
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WP No. 17523 of 2022
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.80, HOSSA BINNAMANGALA SLUM,
INDIRANAGAR,
BENGALURU - 560 038.
24. SMT. M VARALAKSHMI,
W/O NAGARAJ,
AGED ABOUT 42 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.125, HOYSALA NAGARA SLUM,
NEW BINAMANGALA,
INDIRANAGARA,
BENGALURU - 560 038.
25. MUNIRAJU K,
S/O LATE KADIRAPPA,
AGED ABOUT 37 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.36, 1st MAIN ROAD, 6th CROSS,
KUNDALAHALLI VILLAGE,
BENGALURU NORTH TALUK,
BENGALURU - 560 037.
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WP No. 17523 of 2022
26. P. GOPI,
S/O LATE PILLAPPA,
AGED ABOUT 58 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.35/18, 1st MAIN, 5th CROSS,
MARATHAHALLI VILLAGE AND POST,
BENGALURU NORTH TALUK,
BENGALURU - 560 037.
27. MANJUNATHA M,
S/O LATE MUNIYAPPA,
AGED ABOUT 41 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.373, 4th CROSS,
KUNDALAHALLI,
DODDANEKUNDI POST,
BENGALURU NORTH TALUK,
BENGALURU - 560 037.
28. B. RAMA RAJU,
S/O BAJJA RAJU,
AGED ABOUT 66 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
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WP No. 17523 of 2022
PRESENTLY R/AT
NO.776, 1st MAIN, HODI RAJAPALYA,
MAHADEVAPURA POST,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
29. S. RAVINDRA RAJU,
S/O LATE B. SUBBARAJU,
AGED ABOUT 58 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.780, RAJAPALYA,
HOODI, MAHADEVAPURA POST,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
30. ANJINAPPA B.T.,
S/O LATE H. THOPAIAH,
AGED ABOUT 40 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
SONNENAHALLI,
NEAR MAYAMMA TEMPLE,
MAHADEVAPURA HOODI,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
31. SMT. KADIRAMMA,
W/O THOPAIAH,
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WP No. 17523 of 2022
AGED ABOUT 56 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
BASAVANAGARA, HOODI,
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
32. SMT. LAKSHMAMMA,
W/O VASUDEVARAJU,
AGED ABOUT 79 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT RAJAPLAYA,
MAHADEVAPURA,
HOODI, BENGALURU NORTH TALUK,
BENGALURU - 560 048.
33. SMT. K. RANGAMMA,
W/O K KRISHNAMARAJU,
AGED ABOUT 71 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
RAJAPLAYA, MAHADEVAPURA,
HOODI, BENGALURU NORTH TALUK,
BENGALURU - 560 048.
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WP No. 17523 of 2022
34. N. RAVI,
S/O LATE NARAYANAPPA,
AGED ABOUT 51 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
BASAVANAGARA, HOODI,
MAHADEVAPURA ,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
35. SMT. MANJU,
W/O LATE KRISHNA,
AGED ABOUT 35 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.79, DODDANEKUNDI,
AMBEDKAR COLONY,
BENGALURU EAST TALUK,
BENGALURU - 560 037.
36. SMT. GEETHA,
W/O LATE SUBBAPPA @ SUBBANNA,
AGED ABOUT 41 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
BASAVANAGARA, HOODI,
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WP No. 17523 of 2022
MAHADEVAPURA ,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
37. HANUMAPPA,
S/O LATE MARIYAPPA,
AGED ABOUT 37 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
BASAVANAGARA , HOODI,
MAHADEVAPURA ,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
38. PATENDRAPPA,
S/O LATE KALLAPPA,
AGED ABOUT 53 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
BASAVANNAGARA,
HOODI,
MAHADEVAPURA ,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
39. RAVI N,
S/O LATE NARAYANAPPA,
AGED ABOUT 37 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
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WP No. 17523 of 2022
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.15/2, KITTIGANOOR VILLAGE,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 036.
40. KUMARI ASHA K,
D/O LATE KENCHAPPA,
AGED ABOUT 34 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.407, KITTIGANOOR COLONY,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 036.
41. MUNIVENKATAPPA,
S/O LATE MUNISHYAMAPPA,
AGED ABOUT 74 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
SUNDARRAMA REDDY LAYOUT,
BASAVANANAGARA, MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
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WP No. 17523 of 2022
42. H.G. SRINIVASA RAJU,
S/O LATE GOPALA RAJU,
AGED ABOUT 56 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.828, ITPL MAIN ROAD, HOODI,
RAJAPALAYA, MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
43. B. VENKATARAJU,
S/O BAJJA RAJU,
AGED ABOUT 73 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
825, ITPL MAIN ROAD,
HOODI, RAJAPALAYA, MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
44. SMT. M. VARALAKSHMI,
W/O NAGARAJU,
AGED ABOUT 42 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO. 125, HOYSALA NAGARA SLIM,
NEW BINAMANGALA,
INDIRANAGAR,
BENGALURU - 560 038.
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WP No. 17523 of 2022
45. H.G. SRINIVASA RAJU,
S/O LATE GOPALA RAJU,
AGED ABOUT 56 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 560 048.
PRESENTLY R/AT
NO.828, ITPLA MAIN ROAD,
HOODI, RAJAPALAYA
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
46. ABDUL HUSSAIN,
S/O KHASIM SAB,
AGED ABOUT 76 YEARS,
PERMANENTLY R/AT
HOODI VILLAGE,
BENGALURU EAST TALUK,
BENGALURU - 573 201.
PRESENTLY R/AT
NO.92, HOODI HALE GRAMA HOODI,
MAHADEVAPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560 048.
...PETITIONERS
(BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
STATE OF KARNATAKA
M.S. BUILDING
DR. B.R. AMBEDKAR VEEDHI,
BENGLURU 560 001
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WP No. 17523 of 2022
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU 560 001
3. THE TAHASILDHAR
BENGALURU SOUTH ( PRESENT)
EAST TALUK,
BENGALURU 573 201
4. THE COMMITTEE FOR REGULARIZATION OF
UNUTHORIZED CULTIVATION OF LAND
BENGLURU SOUTH (PRESENT) EAST TALUK
BENGALURU 573 201
BY ITS SECRETARY
5. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD ( KIADB)
NO.14/3, ARAVINDHA BHAVAN
NRUPATHUNGA ROAD,
BENGALURU 560 001
BY ITS CHAIRMEN/ SECRETARY
...RESPONDENTS
(BY SRI. VIJAY KUMAR A PATIL, AGA FOR R1 TO R4)
SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT / ORDER DTD
22.03.2022 IN NO.LND(Y)/CR/92/2021-22,
LND(Y)/CR/19/2021-22, LND(Y)/CR/17/2021-22,
LND(Y)/CR/36/2021-22, LND(Y)/CR/49/2021-22,
LND(Y)/CR/46/2021-22, LND(Y)/CR/25/2021-22,
LND(Y)/CR/44/2021-22, LND(Y)/CR/37/2021-22, ISSUED BY
THE R3/TAHASILDAR BANGALORE EAST TALUK, K R PURA
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WP No. 17523 of 2022
BANGALORE DISTRICT, COPY OF WHICH IS PRODUCED AT
ANNEXURE-A TO J RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Sri.Chandranath Ariga, learned counsel appearing for the petitioners submits that these petitioners coming from the depressed classes were aggrieved of the inaction on the part of the respondent-authorities inasmuch as, the applications filed at the hands of the petitioners and their predecessors seeking regularization of unauthorized occupation in various survey numbers in Hoodi village, not having been considered by the Committee for regularization of unauthorized occupation and even as, the petitioners were continuing in unauthorized occupation, the 5th respondent-Karnataka Industrial Area Development Board(KIADB) sought for transfer of the said lands for formation of an industrial area, from the State Government. The petitioners approached this Court in
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W.P.Nos.14439-14564/2013 and this Court by order dated 27.03.2013 although noticed that the relief given to the petitioners under similar circumstances in the case of Sri.M.Anjaiah and Another Vs. State of Karnataka and Others in W.P.No.15887/2007 dated 14.01.2008, cannot be given to the petitioners, since they have approached the Court after lapse of nearly a decade, nevertheless, this Court permitted the petitioners to give representations to the Deputy Commissioner setting out the particulars of the lands which they occupied and the duration of the occupation, with necessary supporting documents. The Deputy Commissioner was directed to consider the grievance of the petitioners having regard to the provisions contained in Section 3(b) of the Land Acquisition Act, 1894, which contained the expression 'person interested' and ensure that ex-gratia payment is made by the petitioners.
2. Learned counsel for the petitioners submits that the petitioners being unlettered, as was noticed by this Court even on the earlier occasion, did not pursue the
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WP No. 17523 of 2022orders passed by this Court. Nevertheless, the respondent-Tahsildar, K.R.Puram, has now issued the endorsement dated 22.03.2022 at Annexures-A to J stating that the petitioners have failed to produce copies of the applications said to have been made in Form No.53. On verification, it was also found that in terms of the order dated 08.11.2002 passed by the Committee for regularization of unauthorized occupation, even in the list of rejected applications, the applications of the petitioners were not found. It is stated in the endorsement that on verification, it was found that none of the applications in Form Nos.50 and 53 were found pending consideration. Moreover, it is stated that these lands falls within the prohibited distance of 18 kms from the boundary of the then Bengaluru Mahanagara Palike and therefore, even if the applications were made by the petitioners, it was only to be rejected.
3. Sri.Chandranath Ariga, learned counsel however, submits that as was noticed by this Court in its earlier order, what was required to be considered by the
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WP No. 17523 of 2022Deputy Commissioner was granting of ex-gratia payment to the petitioners having regard to several circulars issued by the State Government. Two such circulars are brought to the notice of this Court, a circular dated 16.09.1997 and another government order dated 19.07.2007. In the circular dated 16.09.1997, the government, having regard to the persons belonging to the depressed classes, directed that while acquiring lands by the state agencies for any public purpose, acquiring the lands belonging to the persons of the depressed classes, should be avoided. As a last resort, when it becomes inevitable and there are no other lands, the lands belonging to the persons of the depressed classes could be acquired. In the government order dated 19.07.2007, in the matter of acquisition of lands for establishment of an Airport at Shimoga, the Government directed that since applications were said to have been filed by the small land holders, who had sought regularization of unauthorized occupation and in the meanwhile, the said lands were notified for acquisition, ex-
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WP No. 17523 of 2022gratia payment of Rs.2 to 4 lakhs per acre was directed to be given to the such persons.
4. Sri.Chandranath Ariga, learned counsel submits that the case of the petitioners was required to be considered by the Deputy Commissioner in the light of such circulars and government orders issued by the State Government and it was not permissible for the Tahsildar to issue such an endorsement.
5. During the course of the proceedings, it has been submitted by the learned counsel for the 5th respondent- KIADB that a land in question was transferred to the KIADB way back in the year 1993, and the industrial area was established, industrial sites were formed and allotted to various entities. Nevertheless, this Court is of the considered opinion that the matter requires reconsideration at the level of the government. Therefore, the learned Additional Government Advocate is requested to place a copy of this order before the Chief Secretary and the Principal Secretary, Department of Commerce and
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WP No. 17523 of 2022Industries, and the Principal Secretary of Revenue Department.
6. The Government at the highest level is required to take into consideration the grievance of the petitioners, who are about 46 in number, and pass necessary orders for payment of ex-gratia amounts as was done in the case of the persons similarly situated in the case of the acquisition proceedings for formation of the Airport at Shivamogga. Needless to observe that the State Government may cause a summary enquiry to find out about the genuinity of the claim of the petitioners of each of the petitioners. On ascertaining the genuinity in the claim of the petitioners, the State Government may pass necessary orders granting ex-gratia amount to the petitioners if they are found eligible. In the considered opinion of this Court, the State Government should rise to the occasion and take a decision so that payments of small ex-gratia amount to the petitioners will not only avoid the litigation but it will also give quietus to the long standing litigation.
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WP No. 17523 of 2022
7. The government may take necessary action and complete the process as expeditiously as possible and at any rate, within a period of five months from the date of receipt of a copy of this order.
Accordingly, the writ petition stands disposed of.
Sd/-
JUDGE rv