Karnataka High Court
Rajappa vs The State Of Karnataka on 15 December, 2022
Author: P.S. Dinesh Kumar
Bench: P.S. Dinesh Kumar
WA No.978/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
AND
THE HON'BLE MRS. JUSTICE M.G. UMA
WRIT APPEAL No.978 OF 2014 (LA-RES)
BETWEEN :
RAJAPPA
S/O LATE. SONNAPPA
AGED ABOUT 55 YEARS
RESIDENT OF VAJARAHALLI
THALAGHATTAPURA POST
BANGALORE-560 062. ... APPELLANT
(BY SHRI. K. SUMAN, ADVOCATE FOR
SHRI. SIDDHARTH SUMAN, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY TO
THE GOVERNMENT
REVENUE DEPARTMENT
M.S. BUILDINGS
DR. AMBEDKAR VEEDHI
BANGALORE-560 001.
2. THE SPECIAL LAND
ACQUISITION OFFICER
VISHVESHWARAIAH MINI TOWER
DR. AMBEDKAR VEEDHI
BANGALORE-560 001.
3. THE BANGALORE CITY CO-OPERATIVE
HOUSING SOCIETY LTD
REP. BY ITS SECRETARY
SEETHAPATHY AGRAHARA
CHAMRAJPET
BANGALORE-560 018.
WA No.978/2014
2
4. R.L.N. ACHAR
S/O LATE KRISHNACHA
AGED ABOUT 73 YEARS
RESIDING AT NO.17/7
DATTATREYA NAGAR
BSK III STAGE
BANGALORE-560 085.
5. B. SAMPATH KUMAR
S/O K.G. BETTE GOWDA
AGED ABOUT 52 YEARS
NO.58, 6TH MAIN, 40TH CROSS
JAYANAGAR 5TH BLOCK
BANGALORE-41.
6. SRI. RAJA REDDY KALLAM
S/O LAKSHMA REDDY KALLAM
AGED ABOUT 55 YEARS
NO.2008, TBCCHSL LAYOUT
RAGHUVANAHALLI
KANAKAPURA ROAD
7. SRI. KRISHNAPRASAD S.V
S/O VARADARAJU S.K
AGED ABOUT 47 YEARS
NO.G5, SHARAVANTHI REGENCY
7TH CROSS, 2ND LANE
1ST STAGE, TEACHERS COLONY
BANGALORE-560 078.
SITE NO.1330
8. SRI SANTHOSH KUMAR
S/O LATE K. SRISHYLA MURTHY
AGED ABOUT 46 YEARS
RESIDENT OF NO.2029
TBCCHS LAYOUT
RAGHUVANAHALLI GATE
KANAKAPURA MAIN ROAD
BANGALORE-560 062.
SITE NO.2029
9. SMT. S. SHRI VIDYA
MAJOR
RESIDENT OF 2028
TBCCHS LAYOUT
WA No.978/2014
3
RAGHUVANAHALLI GATE
KANAKAPURA MAIN ROAD
BANGALORE-560 062.
SITE NO.2028
10. SMT. B.V. VASANTHA
MAJOR
RESIDING AT FARM HOUSE
DEVARAYANA SWAMY
TEMPLE STREET
DEVANAHALLI-562 100.
SITE NO.878
11. G. RADHAKRISHNAN
S/O GANAPATHY
MAJOR
NO.134, 17TH MAIN
BTM II STAGE
BANGALORE-560 076.
SITE NO.557
12. SMT. NANDITHA H.K.
MAJOR
RESIDING AT NO.14/1
ANNAYAPPA GARDEN, 3RD CROSS
JARAGANAHALLI
BANGALORE-560 062.
SITE NO.1336
13. SRI. KRISHNAMURTHY RAJENDRA
S/O RAJENDRA
MAJOR
NO.20, 12TH "A" CROSS
HANUMAGIRI NAGAR
CHIKKALLASANDRA MAIN ROAD
BANGALORE-560 061.
SITE NO.30
14. SRI. ROHIT THIMMAIAH
MAJOR
R/O NO.29
TBCCHSL LAYOUT
RAGHUVANAHALLI
SHANIMAHATHMA TEMPLE ROAD
WA No.978/2014
4
KANAKAPURA
BANGALORE-560 062.
15. SMT. M.G. RAMA
W/O GURUNATH M
AGED ABOUT 68 YEARS
R/O NO.193
TULASI SHANKARA KRUPA
5TH MAIN ROAD
CHAMARAJPET
BANGALORE-560 018.
16. SRI. RUDRESHAPPA
S/O SIDDAMALLAPPA
AGED ABOUT 72 YEARS
R/O NO.203, 13TH MAIN
RBI LAYOUT, J.P. NAGAR
7TH PHASE
BANGALORE-78
SITE NO.980
17. SRI. S.R. GURUMURTHY
S/O RUDRESHAPPA
AGED ABOUT 44 YEARS
R/O NO.203, 13TH MAIN
RBI LAYOUT
J.P. NAGAR 7TH PHASE
BANGALORE-78
SITE NO.896.
18. SMT. NEETU H.S.
W/O GURUMURTHY S.R.
AGED ABOUT 37 YEARS
R/O NO.203, 13TH MAIN
RBI LAYOUT
J.P. NAGAR 7TH PHASE
BANGALORE-78
SITE NO.981
19. SMT. RAJESHWARI .S
W/O B. SAMPATH KUMAR
AGED ABOUT 48 YEARS
NO.58, 6TH MAIN, 40TH CROSS
WA No.978/2014
5
JAYANAGAR 5TH BLOCK
BANGALORE-560 041.
SITE NO.1969
20. SMT. A.V. SHUBHA SHANKAR
W/O A.G. VIDYA SHANKAR
AGED ABOUT 65 YEARS
NO.125, SKANDA, 10TH MAIN ROAD
(OPP VSG TEMPLE)
SHANKARANAGAR
MAHALAKSHMI LAYOUT
BANGALORE-560 096.
SITE NO.802-B
21. DR. EHRAR HABEEB
D/O LATE MR. HUSSAIN PEER
MAJOR
NO.1788, TBCCHS LAYOUT
RAGHUVANAHALLI
NEAR KANAKAPURA MAIN ROAD
BANGALORE-560 062.
SITE NO.1788
22. SMT. PADMAVATHI
W/O A.G. BALAJI GUPTA
AGED ABOUT 59 YEARS
RESIDING AT NO.507/2
1ST FLOOR, NEW DIAGONAL ROAD
III BLOCK, JAYANAGAR
BANGALORE-560 011.
SITE NO.1205.
23. SMT. A.S. PRAMOD KUMARI
W/O A.G. SUDHAKAR
AGED ABOUT 50 YEARS
R/AT NO.40, 6TH CROSS
WILSON GARDEN
BANGALORE-560 027.
SITE NO.1206
24. SMT. B.S. CHANDRAKALA
W/O SAMPATH KUMAR B.N.
AGED ABOUT 63 YEARS
R/AT NO.215, MIDDLESCHOOL ROAD
VISHVESHWARAPURAM
WA No.978/2014
6
BANGALORE-560 004.
SITE NO.802A
25. SMT. K.R. SHANTHA
W/O D.N. RAMESH
MAJOR
R/AT NO.491, SRI CHAKRA
5TH MAIN, II BLOCK, 3RD STAGE
3RD BLOCK, BANASHANKARI III STAGE
BANGALORE-560 085.
SITE NO.559
26. SMT. KRISHNA VENI
W/O M.V. SRINIVASA MURTHY
AGED ABOUT 60 YEARS
NO.774, 4TH MAIN
1 "A" BLOCK, II STAGE
RAJAJINAGAR
BANGALORE-560 010.
27. SMT. S.R. MAMATHA
W/O V.G. PRASANNAKUMAR
AGED 42 YEARS
R/O NO.4, 4TH CROSS
RAMAIAH CITY
J.P. NAGAR 8TH PHASE
BANGALORE-560 078.
SITE NO.1015
28. G. NARASIMHA MURTHY
MAJOR
R/O CHIKKATHIRUPATHI POST
MALUR
KOLAR DISTRICT-563 101.
29. RAMESH DASARI
MAJOR
8-3-9988/34/11, SBH COLONY 2
SRINAGAR COLONY
HYDERABAD-500 073.
SITE NO.609
30. V.D. KESHAVA MURTHY
S/O LATE V.M. DEVAPPA NAIK
NO.14/4, OUT HOUSE
WA No.978/2014
7
MANJUNATHA NILAYA
NEAR RAGHAVENDRA TEMPLE
MAGADI ROAD
BANGALORE-560 023.
31. V. VISHVANATHA HOLLA
MAJOR
R/O 17/4, 1ST FLOOR
5TH MAIN, BSK 3RD STAGE
BSK 3RD PHASE, ITTAMADU
BANGALORE-560 085.
32. MAHESH M
MAJOR
R/O 17/4, 1ST FLOOR
5TH MAIN, BSK 3RD STAGE
ITTAMADU
BANGALORE-560 085
33. A.R. MANOHAR
MAJOR
R/O 192/50
SHANKARAMUTT ROAD
CHAMARAJPET
BANGALORE-560 018.
SITE NO.1018.
34. A.R. PRADEEP
MAJOR
R/O "SRI SAI KRUPA"
14TH CROSS, 32ND MAIN
J.P. NAGAR 1ST PHASE
BANGALORE-560 078.
35. VINOD KUMAR
MAJOR
R/O 49/2, 1ST FLOOR
10TH A MAIN, 1ST BLOCK
JAYANAGAR
BANGALORE-560 011.
36. JAYANTHI SHIVARAM
MAJOR
R/O 49/2, GROUND FLOOR
10TH A MAIN, 1ST BLOCK
WA No.978/2014
8
JAYANAGAR
BANGALORE-560 011.
37. DR. M.R.V. PRASAD
S/O LATE M. RAGHAVA RAO
AGED 71 YEARS
NO.63, 3RD CROSS
3RD BLOCK, T.R. NAGAR
BANGALORE-560 028.
SITE NO.1290.
38. SRI. B.S. NARENDRA
S/O LATE H.A. SUBBA RAO
AGED ABOUT 67 YEARS
R/AT NO.900/3
6TH MAIN, K.H.B., MAIN ROAD
KAVAL BYSANDRA
R.T. NAGAR POST
BANGALORE-560 032.
39. S. RAGHAVENDRA RAO
S/O LATE H.A. SUBBA RAO
AGED ABOUT 64 YEARS
R/AT NO.900/3
6TH MAIN, K.H.B., MAIN ROAD
KAVAL BYSANDRA
R.T. NAGAR POST
BANGALORE-560 032.
40. B.S. BHASKAR RAO
S/O LATE H.A. SUBBA RAO
AGED ABOUT 53 YEARS
R/AT NO.900/3
6TH MAIN, K.H.B., MAIN ROAD
KAVAL BYSANDRA
R.T. NAGAR POST
BANGALORE-560 032.
41. SMT. K. INDIRAMMA
W/O SHANKARA NARYANA
AGED ABOUT 71 YEARS
R/AT NO.252, 7TH CROSS
7TH MAIN, RPC LAYOUT
VIJAYANAGARA II STAGE
BANGALORE-560 040.
WA No.978/2014
9
42. SRI. S. GOPALA KRISHNA
S/O LATE SRIKANTAIAH
AGED ABOUT 83 YEARS
R/AT NO.290, RI RAGHAVENDRA KRUPA
GODAVARI RIVER ROAD
PIPELINE 5TH MAIN, SRINAGARA
BANGALORE-560 050.
43. SRI. NAGESH G.N.
S/O LATE G. NAGARAJA RAO
AGED ABOUT 61 YEARS
R/AT NO.27, 8TH MAIN
DATTATREYA NAGAR
HOSKEREHALLI
BANASHANKARI III STAGE
BANGALORE-560 085.
44. SRI. G.S. NANJUNDAIAH
S/O G. SUBBAIAH
AGED 88 YEARS
"SURABHI", NO.49, 3RD CROSS
AKSHYANAGARA, BEGUR POST
BANGALORE-560 068.
45. SMT. DODDAMMANI
W/O KRISHNAPPA H
AGED 68 YEARS
NO.E 107, GOLDEN MAGIC
BRIGADE GARDINA, RBI LAYOUT
JP NAGAR 7TH PHASE
BANGALORE-560 078.
46. SRI. B. SIDDE GOWDA
S/O BYRE GOWDA
AGED 75 YEARS
NO.262, 3RD MAIN ROAD
ISRO LAYOUT
BANGALORE-560 078.
47. SMT. JAYANTHI VISHNU PRASAD
W/O BISHNU PRASAD
AGED 45 YEARS
NO.192/20
SHANKARMUTT ROAD
WA No.978/2014
10
CHAMARAJPET
BANGALORE-560 018.
48. SRI. V.N. PRABHAKAR RAO
S/O V.N. NARAYANA RAO
AGED 65 years
NO.544, "SHASHWATHA"
2ND CROSS, 26TH MAIN
BTM LAYOUT, 2ND STAGE
BANGALORE-560 076.
49. SRI. ARAVIND N
S/O LATE NAGARAJA SHETTY
AGED 41 YEARS
R/O SRI. VENKATESHWARA NILAYA
NO.42/14, 2ND MAIN ROAD
MOUNT JOY EXTENSION
HANUMANTHA NAGAR
BANGALORE-560 019.
50. SMT. H.S. GAYATHRI
AGED ABOUT 62 YEARS
D/O LATE H.T. SUBBA RAO
R/O RISHIKA ENCLAVE
SITE NO.64/65, FLAT NO.002
GROUND FLORR, 3RD CROSS
VITTAL NAGAR, 2ND PHASE
ADJACENT TO ISRO LAYOUT
BANGALORE-560 078.
51. SRI ASHOK A
S/O K.N. BASAVE GOWDA
AGED MAJOR
NO.56, 3RD MAIN
1ST CROSS
NEW KEMPE GOWDA LAYOUT
KATRIGUPPA, BANASHANKARI 3RD STAGE
BANGALORE-560 085.
52. SMT. MEENAKSHI
W/O SANGAMESH BADAVADGI
AGED MAJOR
NO.2478, 7TH MAIN
7TH CROSS
RPC LAYOUT (HAMPINAGAR)
WA No.978/2014
11
VIJAYANAGAR 2ND STAGE
BANGALORE-560 040.
53. SMT. VIJAYALAKSHMI C.S.
W/O B.Y. THIMME GOWDA
AGED MAJOR
NO057, 3RD MAIN, 1ST CROSS
NEW KEMPEGOWDA LAYOUT
KATRIGUPPE, BSK 3RD STAGE
BANGALORE-560 085.
54. SRI. K.S. MADHUSUDANA
S/O K.V. SHESHAGIRI
AGED 60 YEARS
REP BY HIS SPL HOLDER
K.V. SHESHAGIRI
AGED 76 YEARS
S/O VENKOBA RAO
NO.202, "VENKATAGIRI"
KUMBAR STREET, K.R. PURAM
BANGALORE-560 036.
55. SRI. VENKATESH
S/O CHANNAIAH
AGED 80 YEARS
NO.1101
SRI VENKATESHWARASWAMY NILAYA
BCCH SOCEITY LTD, BAYYANAPALYA
TALAGATTAPURA POST
KANAKAPURA MAIN ROAD
BANGALORE-560 062.
56. SRI. K.C. CHIDANAND
S/O K.B. CHIKKABETTAIAH
AGED 43 YEARS
NO.589, 1ST CROSS
K.G. LAYOUT, 3RD BLOCK
3RD PHASE
BANASHANKARI 3RD STAGE
BANGALORE-560 085.
57. SMT. M. GANGAMMA
W/O GOVINDA
AGED ABOUT 62 YEARS
R/O NO.31, KPA BLOCK
WA No.978/2014
12
CHANDRA LAYOUT
VIJAYANAGAR
BANGALORE-560 040.
58. B.G. MANJUNATH
S/O B. GUNDAIAH
AGE MAJOR
R/O SOMPEKATTE
HOSANAGARA TALUK
SHIMOGA DISTRICT
59. GANESH MANE
S/O G.S. MANE
AGED 54 YEARS
R/O CIT(A)-001
TERRACE GARDEN APARTMENTS
BANASHANKARI 3RD STAGE
3RD PHASE
BANGALORE-560 085.
60. V.N. JAGADISHWARAN
S/O V. NARAYANA IYER
AGED 72 YEARS
NO.1718, 31ST CROSS
13TH MAIN, BSK 2ND STAGE
BANGALORE-560 070.
61. RAGHUNATH G
S/O H.S. GOPINATHA RAO
AGED 55 YEARS
NO.61, 13TH MAIN
AGS LAYOUT, AREHALLI
BANGALORE-560 061.
62. K.B. NARAYANA
S/O K.N. BETTAIAH
AGED 65 YEARS
NO.31, 4TH CROSS
KALIDASA LAYOUT, SRINAGARA
BANGALORE-560 050.
63. SRINIVASA PRASAD K.A.
S/O K.V. NANTHA KESHAVA
AGED 56 YEARS
NO.730, 17TH CROSS
WA No.978/2014
13
6TH PHASE, J.P. NAGAR
BANGALORE-560 078.
64. SRI. S.K. MURALIDHAR
S/O S.KRISHNA RAO
AGED 59 YEARS
R/O NO.106, 2H MAIN ROAD
11TH BLOCK, 2ND STAGE
NAGARABHAVI LAYOUT
BANGALORE-560 072.
65. SRI. C.S. MURALI
S/O LATE C.S.S. MURTHY
AGED 67 YEARS
R/O NO.678-B, "SEETHA"
2ND STAGE, 3RD PHASE
8TH MAIN, DOMLUR
BANGALORE
66. SRI. H.S. PRAKASH
S/O LATE H.V. SURYANARAYANA RAO
AGED ABOUT 70 YEARS
R/O NO.7, "A" STREET
EAST OF LINK ROAD
MALLESWARAM
BANGALORE-560 003.
67. SRI. K. KEMPARAJU
S/O KEMPE GOWDA
AGED ABOUT 42 YEARS
R/O NO.70, DESAI GARDEN
VALLABHANAGAR
VASANTHAPURA MAIN ROAD
BANGALORE-560 062.
68. SMT. JAYAMMA
W/O KEMPEGOWDA
AGED 70 YEARS
R/O NO.70, DESAI GARDEN
VALLABHANAGAR
VASANTHAPURA MAIN ROAD
BANGALORE-560 062.
69. SRI. RIZWANULLA
S/O SRI. ISMAIL KHAN
WA No.978/2014
14
AGED 64 YEARS
R/O NO.6, ILLAHI MANSION
BASAVARAJ LAYOUT
JARAGANAHALLI, 6TH PHASE
J.P. NAGAR
BANGALORE-560 078.
70. MADHU SHANKAR NARAYAN
S/O SHANKARA NARAYAN
AGED 58 YEARS
NO.67, MOUNT JOY ROAD
1ST BLOCK EAST, JAYANAGAR
BANGALORE-560 011.
71. SRI RATHNAGIRI SWAMNYNATHAN
S/O LATE R. SRINIVASAN
AGED 72 YEARS
R/O NO.239/3, A CROSS
BULL TEMPLE ROAD, CHAMARAJPET
BANGALORE-560 018.
72. SMT. SUGUNA SIMHA
W/O K.G. JAYASIMHA
AGED ABOUT 60 YEARS
NO.766, SRI NIVAS, 18TH MAIN
36TH CROSS, IV T BLOCK
JAYANAGAR
BANGALORE-560 041.
73. SMT. S. PREMA
W/O ANANTHA NARAYAN
AGED ABOUT 81 YEARS
MO.1553, 39TH F CROSS
18TH MAIN, JAYANAGAR IV T BLOCK
BANGALORE-560 041.
74. SMT. APARNA ANANTH
W/O C.S. VISHWANATH
AGED ABOUT 44 YEARS
NO.1553, 39TH F CROSS
18TH MAIN, JAYANAGAR IV T BLOCK
BANGALORE-560 041.
75. SRI. T.N. MURALIDHAR
S/O T. NAGABHUSHAN
WA No.978/2014
15
AGED ABOUT 64 YEARS
NO.259, 1ST CROSS
HANUMANTHANAGAR
BANGALORE-560 019.
76. DR. BHAGYANATHULU RAVINDRANATH
S/O B.S. RAO
AGED MAJOR
NO.610, 15TH CROSS
VI PHASE J.P. NAGAR
BANGALORE-560 078.
77. SRI. T.N. ANANTHARAMU
S/O T.R. NAGAPPA
AGED ABOUT 70 YEARS
NO.809, 19TH CROSS, 16TH MAIN
BANASHANKARI II STAGE
BANGALORE-560 070.
78. SRI. M.N. NARENDRA RAO
S/O M.L. NARAYANA RAO
AGED ABOUT 64 YEARS
NO.88, R.V. ROAD
BASAVANAGUDI
BANGALORE-560 004.
79. SRI. A.C. ARUN
S/O A.R. CHARUDATHA
AGED ABOUT 62 YEARS
NO.40, PRANAM C.R. LAYOUT
J.P. NAGAR I PHASE
BANGALORE-560 078.
80. SMT. PUSHPALATHA K.R.
W/O S.G. LAKSHMI NARAYAN
AGED ABOUT 60 YEARS
NO.550, 2ND STAGE
11TH CROSS, NAGPUR MAIN ROAD
WEST OF CHORD ROAD
BANGALORE-560 086.
81. SRI. SRINIVASA N
S/O LAKSHMINARAYANAN
AGED ABOUT 44 YEARS
NO.7, SRINIVASA NILAYA
WA No.978/2014
16
MUNISWAMAPPA GARDEN
CHUNCHAGHATTA VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK-560 062.
82. SRI. BALAJI PRASAD T.P.
S/O PRASANNA KUMAR T.G.
AGED ABOUT 49 YEARS
PLOT NO.403, SURAKSHA RESIDENCY
4TH FLOOR, WHITEFIELD
KONDAPUR, SARELINGAMPALLI MANDAL
HYDERABAD-500 073.
83. SMT. SUJATHA CHANDRASHEKAR
W/O R. CHANDRASHEKAR
AGED ABOUT 64 YEARS
NO.42, DOCTORS COLONY
2ND 'A' CROSS, KONANAKUNTE
BANGALORE-560 062.
84. SRI. J. SHEKAR
S/O T. JAYARAM
AGED ABOUT 61 YEARS
NO.491, BCCHS LAYOUT
VAJARAHALLI
KANAKAPURA MAIN ROAD
JP NAGAR
BANGALORE-560 062.
85. SRI. H.S. SHIVASHANKAR
S/O H. SRIKANTAIAH
AGED ABOUT 75 YEARS
NO.82/32B, B MAIN, 4TH CROSS
SARAKKI MAIN, ARYA NAGAR
VYSYA BANK COLONY
JP NAGAR I PHASE
BANGALORE-560 078.
86. SMT. ANNAPOORNA
W/O H.S. NAGABHUSHANA
MAJOR
100 FEET RING ROAD
BANGALORE-560 076.
WA No.978/2014
17
87. SRI. RAVIKUMAR J
S/O PREMCHAND JAIN
NO.120, 3RD MAIN, 2ND STAGE
1ST BLOCK, RAJMAHAL EXTENSION
BANGALORE-560 094.
88. SRI. M. HANUMANTHARAYAPPA
S/O LATE MAHIMERAMGALAL
NO.2591, 8TH MAIN, 17TH CROSS
BSK II STAGE
BANGALORE-560 070.
89. SRI. K.S. RAMANATHAN
S/O LATE R. SRINIVASAIAH
AGED ABOUT 69 YEARS
FLAT NO.3E, PAVAN PARDESI
63/A, 1ST CROSS, TYAGARAJANAGAR
BANGALORE-560 028.
90. SMT. MADHU MATHI
W/O RAGHOTHAM U.R.
NO.274, SRINIVASA NAGAR
BANGALORE-560 050.
91. SMT. BHAVANI V.L.
W/O RAVIKUMAR
AGED ABOUT 38 YEARS
NO.41/1A, 3RD CROSS
3RD BLOCK, TYAGARAJANAGAR
BANGALORE-560 028.
92. SMT. M.B. ROOPASRI
D/O M.R. BALAJI
AGED ABOUT 33 YEARS
NO.109, BHARGAVI, 4TH BLOCK
4TH CROSS, TR NAGAR
BANGALORE-560 028.
93. SRI. M.B. SHESHACHANDRA
S/O M.R. BALAJI
AGED ABOUT 43 YEARS
NO.109, BHARGAVI, 4TH BLOCK
4TH CROSS, TR NAGAR
BANGALORE-560 028.
WA No.978/2014
18
94. SMT. RADHA NARAYAN
W/O NARAYAN M.R.
AGED ABOUT 67 YEARS
NO.172/43, (UPSTAIRS) 5TH CROSS
II BLOCK, JAYANAGAR
BANGALORE-560 011.
95. SMT. MANJULA
W/O R. SHESHAGIRI RAO
AGED ABOUT 76 YEARS
NO.183/2, 2ND MAIN
CHAMARAJPET
BANGALORE-560 018.
96. SMT. NANDINI MURTY
MAJOR
NO.38, AKSHAYA, 7TH MAIN
SARASWATHIPURAM
MYSORE-570 017
97. SMT. B.P. LATHA
W/O C.J. BALASUBRAMANYA
AGED ABOUT 45 YEARS
NO.56, GURUKRUPA, 2ND MAIN
3RD BLOCK, 3RD STAGE
WEST OF CHORD ROAD
BANGALORE.
98. SRI RAMACHANDRA SHARMA KOTAGAL
S/O K.S. KRISHNA SHARMA
AGED ABOUT 39 YEARS
C/O S. MANJUNATHA
NO.12, 5TH CROSS, NAGAPPA STREET
PALACE GUTTAHALLI
BANGALORE-560 003.
REPRESENTED BY GPA HOLDER
K.S. KRISHNA SHARMA
S/O K. SRINIVASA SHASTRI
99. SRI. D. NARASIMHAIAH PAI
S/O LATE DAMODARA PAI
NO.B28, 1053, BDA QUARTERS
AUSTIN TOWN, 2ND STAGE
NEELASANDRA
BANGALORE-560 047.
WA No.978/2014
19
100. SRI. NAGARAJA CHIKKAGOWDA
S/O K.H. CHIKKA GOWDA
AGED ABOUT 42 YEARS
NO.317, 2ND MAIN, 4TH STAGE
BEML LAYOUT, RAJESHWARI NAGAR
BANGALORE-560 098.
101. SRI. P.N. KOUSHIK
S/O HRS NAGARAJU
AGED ABOUT 53 YEARS
NO.778, 34 'A' CROSS
9TH MAIN, 4TH BLOCK
JAYANAGAR
BANGALORE-560 041.
102. SRI. DEEPAK NAYAK
S/O B.H. NAYAK
AGED ABOUT 33 YEARS
NO.2018, GROUND FLOOR
18TH A MAIN, JP NAGAR 2ND PHASE
BANGALORE-560 078.
103. SRI. B.R. SHANKAR
S/O RAMASHESHAIAH
AGED ABOUT 57 YEARS
NO.279, 1ST FLOOR
100 FT RING ROAD, KATRIGUPPA
BSK IST STAGE
BANGALORE-560 070.
104. SRI. H. BASAVESHA
S/O M.B. HOSA GOUD
AGED ABOUT 37 YEARS
NO.1198/76, 6TH MAIN, D BLOCK
AECS LAYOUT, KUNDALAHALLI
BANGALORE-560 037.
105. SRI. ANIL KUMAR MURALI
S/O T.R. NAGAPPA
AGED ABOUT 35 YEARS
NO.53/1, 1ST MAIN, 9TH CROSS
VV NAGAR, VASANTHPUR
BANGALORE-560 061.
WA No.978/2014
20
106. SRI. DATTATRI V.
S/O VENKATESHAN
AGED ABOUT 58 YEARS
NO.2335, 20TH CROSS
BSK II STAGE
BANGALORE-560 070.
107. SRI. SATHISH KUMAR NARULE
S/O ASHOK RAO NARULE
AGED ABOUT 38 YEARS
NO.53/1, 9TH CROSS, 1ST MAIN
VASANTHA VALLABA NAGAR
BANGALORE-560 061.
108. SMT. ASHA B.S.
W/O B.A. SRIDHAR
AGED ABOUT 55 YEARS
NO.2333, 20TH CROSS
39TH F CROSS, BSK II STAGE
BANGALORE-560 070.
109. SRI. ABHIJITH S.
S/O N. SHASHIDHARA
AGED ABOUT 28 YEARS
NO.70, 11TH MAIN ROAD
1ST BLOCK, JAYANAGAR
BANGALORE-560 041.
110. SMT. B.S. GIRIJA
W/O N. SHASHDHARA
AGED ABOUT 61 YEARS
NO.70, 11TH MAIN ROAD
1ST BLOCK, JAYANAGAR
BANGALORE-560 041.
111. SMT. PREETHI VIDYANANDA
W/O VIDYANANDA
AGED ABOUT 50 YEARS
NO.1812 (1568), 39TH F CROSS
4TH T BLOCK, JAYANAGAR
BANGALORE-560 041.
112. SMT. GIRIJA SHANKAR (GPA HOLDER)
W/O GOWRISHANKAR
AGED ABOUT 65 YEARS
WA No.978/2014
21
NO.1812 (1568), 39TH F CROSS
4TH BLOCK, JAYANAGAR
BANGALORE-560 041.
113. SMT. SOWMYA M. KUMAR
W/O K.V. MANJUNATH KUMAR
AGED ABOUT 30 YEARS
R/O NO.1923, 5TH CROSS
20TH MAIN, JP NAGAR II PHASE
BANGALORE-560 078.
114. SMT. S. PRABA MURTHY
W/O J. SRIKANTAMURTHY
AGED 52 YEARS
DOCTORS COLONY, 1ST MAIN
1ST CROSS, DODDAKALLASANDRA POST
KONANAKUNTE
BANGALORE-560 062.
115. K.N. SURYA NARAYANA RAO
S/O K.S. NAGARAJA RAO
AGED 62 YEARS
R/O NO.49, 6TH MAIN
BTM LAYOUT, 2ND STAGE
BANGALORE-560 076.
116. J.S.S. ANAND
S/O JAYARAMAN C.A.
AGED 37 YEARS
F-3, V.R. APARTMENT
(OPP TO RAPSRI ENGINEERING)
UTTARAHALLI MAIN ROAD
BANGALORE-560 061.
117. S.G. SRIDHAR
S/O S. GOPALA KRISHNAN
AGED 42 YEARS
NO.290, SREE RAGHAVENDRA KRUPA
PIPELINE ROAD, 'L' CROSS
SRINAGAR
BANGALORE-560 050.
118. DR. S.N. SATHYANARAYANA
S/O LATE SONTHA NEELAKANTAPPA
& SHARADA SHETTY
WA No.978/2014
22
AGED ABOUT 67 YEARS
NO.775, 1ST FLOOR, 53RD MAIN
25TH CROSS, KUMARASWAMY LAYOUT
BANGALORE-560 078.
119. SRI. AVINASH ADIGA
S/O RANGAYYA ADIGA
AGED 32 YEARS
NO.18, 'NANDA DEEPA'
VITTAL NAGAR, NEAR ISRO LAYOUT
BANGALORE-560 078.
120. S.N. RAMESH
S/O LATE S. NANJUNDAIAH
NO.70, 11TH 'B' MAIN
V BLOCK, JAYANAGAR
BANGALORE-560 011.
121. DEEPA N. SHET
W/O NAGESH N. SHET
REP BY HER GPA HOLDER
SRI. NAGESH N. SHET
NO.854/83, 1ST FLOOR
14TH CROSS, MAHALAKSHMI LAYOUT
BANGALORE-560 086.
122. M.R. PARTHASARATHY
S/O LATE RAJAGOPALAN M.N
AGED 71 YEARS
NO.173, 1ST BLOCK, JAYANAGAR
BANGALORE-560 011.
123. M.P. RAJAGOPAL
S/O M. PARTHASARATHY
AGED 52 YEARS
NO.173/43, 5TH CROSS
BANGALORE-560 011.
124. AMBIKA RAJAGOPAL PADAKI
W/O P. RAJAGOPAL
NO.70/2, 8TH MAIN
MATHIKERE EXTENSION
BANGALORE-560 054.
WA No.978/2014
23
125. GOWRI RAJARAM
W/O B.K. RAJARAM
NO.69, 11TH B MAIN
5TH BLOCK, JAYANAGAR
BANGALORE-560 070.
126. B.S. SATHYANARAYANA
S/O SURYANARAYANA RAO
NO.62, 5TH CROSS
HANUMANTHANAGAR
BANGALORE-560 019.
127. SMT. NAGAMANI
W/O C.N. GOVINDARAJU
AGED 61 YEARS
NO.20, 1ST CROSS
BRINDAVAN LAYOUT
HORAMAVU, NEAR GANDHI STATUE
BANGALORE-560 043.
128. SMT. C.R. SWAROOP KISHAN
D/O SRI. C.V. RAGHAVACHARI
AGED ABOUT 35 YEARS
NO.002, NARASI APARTMENT
NO.3, LIC COLONY, YESHWANTPUR
BANGALORE-560 022.
129. K.B.S. RAMACHANDRA
REP BY HIS GPA HOLDER RAMA
VISHNU HEBBAR
16TH MCR EXTENSION
18TH CROSS, VIJAYANAGAR
BANGALORE-560 040.
130. SMT. LAKSHMI BHAT
W/O GANAPATHI ANANTHA BHAT
AGED ABOUT 52 YEARS
NO.38/A (OPP MOTHER DIARY)
YELAHANKA NEW TOWN
BANGALORE-560 041.
131. SMT. P. GEETHA P. BHAT
W/O PRABHAKAR N. BHAT
AGED ABOUT 55 YEARS
WA No.978/2014
24
NO.1859, 11TH A MAIN
4TH T BLOCK, JAYANAGAR
BANGALORE-560 041.
132. SRI. RAMACHANDRA K.B.S
S/O S.G. BHAT
NO.166, MCR EXTENSION
18TH CROSS, VIJAYANAGAR
BANGALORE-560 040.
133. SRI JAYASHREE BHATT
W/O K.S. BHATT
AGED ABOUT 52 YEARS
NO.166, SRIGIRI, MCR EXTENSION
P.O. ROAD, VIJAYANAGAR
BANGALORE.
134. R. RAJANI
W/O SRI. G. RAGHU
NO.1278, 27TH MAIN
8TH CROSS, 1ST PHASE
JP NAGAR
BANGALORE-560 070.
135. S. CHANDRASHEKAR
S/O S. SHIVASHASRTY
AGED ABOUT 65 YEARS
NO.564, 20TH MAIN, 36TH CROSS
4TH T BLOCK, JAYANAGAR
BANGALORE-560 041.
136. SRI. S. SRINKANTA
S/O LATE SHIVASHASTRI
AGED ABOUT 61 YEARS
NO.766, SRINIVAS, 18TH MAIN
36TH CROSS, 4TH T BLOCK
JAYANAGAR
BANGALORE-560 041.
137. SRI. N.S. GIRISH
S/O SHANKARA NARAYAN
AGED ABOUT 35 YEARS
REP BY HIS GPA HOLDER
SRI SHANKAR NARAYAN
NO.3506/A, 6TH CROSS
WA No.978/2014
25
GAYATHRINAGAR
SUBRAMANYAPURAM POST
BANGALORE-560 021.
138. SRI. H.R. SUBRAMANYA
S/O LATE H.S. RACHANDRAIAH
AGED ABOUT 41 YEARS
NO.38, 2ND A CROSS, 1ST MAIN
DOCTORS COLONY, KONANAKUNTE
BANGALORE-560 062.
139. SRI. P.V. RAGHAVENRACHAR
S/O LATE P.R. VENKATARAMANA
AGED ABOUT 76 YEARS
NO.8, 14TH CROSS
MAHALAKSHMI LAYOUT
BANGALORE-560 086.
140. SRI. V. RAVI
AGED ABOUT 50 YEARS
C/O M.C. VASUDEVA RAO
NO.19, VALLABHANAGAR
VASANTHPUR
BANGALORE-560 061.
141. SMT. H.V. PADMA
W/O LATE H.V. VENKATESHAIAH
AGED ABOUT 76 YEARS
NO.42/3, EAST ANJANEYA
TEMPLE STREET, BASAVANAGUDI
BANGALORE-560 004.
142. SMT. M. SUSHEELA
W/O SRI K.V. NARESH
AGED 57 YEARS
"SRI SAIGANGA"
NO.896/1, OUT HOUSE
1ST FLOOR, 19TH MAIN
BSK 2ND STAGE
143. SRI. LAXMAIAH
S/O BAVANNA
AGED 59 YEARS
NO.17/1, KEMPANNA CROSS
BANASHANKARI TEMPLE ROAD
WA No.978/2014
26
MAVALLI
BANGALORE-560 004.
144 . SMT. DIVYA C
W/O DEEPAK RUDRAIAH
AGED 31 YEARS
NO.3944 B, 17TH D CROSS
4TH MAIN, BSK 2ND STAGE
BANGALORE-560 070.
145 . SRI. HANUMANTHA RAO
S/O MANIKRAO
AGED 54 YEARS
NO.138, 4TH MAIN
9TH CROSS, CHAMARAJPET
BANGALORE-560 018.
146 . SMT. A.N SUVARNA MUKHI
W/O VENKATANARAYANA RAO
AGED 61 YEARS
NO.62/1, 6TH CROSS,
5TH MAIN, 3RD BLOCK
T.R. NAGAR
BANGALORE-560 028.
147 . SMT. UMA S
D/O LATE SHANKARAM M
AGED ABOUT 54 YEARS
R/AT. NO.239/3/1, B.T ROAD
CHAMARAJPET
BANGALORE-560 018.
148 . SMT. GEETHA BAI H.S.
W/O MADHURANATH
AGED 32 YEARS
R/O NO.228/2, 5TH MAIN
KEMPEGOWDANAGAR
BANGALORE-560 019.
149 . SMT. PREMAKUMARI B.S.
W/O SRIKANTA SHARMA
AGED 64 YEARS
R/O NO.785, 20TH MAIN
36TH A CROSS
WA No.978/2014
27
4TH T BLOCK, JAYANAGAR
BANGALORE-560 041.
150 . SMT. KALPANA J. RAO
W/O JAGADISH RAO
AGED 47 YEARS
NO. 416, 5TH CROSS
4TH MAIN, JP NAGAR
3RD PHASE
BANGALORE-560 058.
REP B HER GPA HOLDER
SRI AKSHAY J RAO
S/O JAGADISH RAO C.S
AGED 18 YEARS
R/O NO.B 1402
MANGOLIA BLOCK
BRIGADE MILLENNIUM
JP NAGAR 7TH PHASE
BANGALORE-560 058.
151 . SRI LAKSHMIKANTH KULKARNI
S/O MANIK RAO
AGED 64 YEARS
NO.77, 8TH BLOCK
NAGARABHAVI 2ND STAGE
BANGALORE-560 072.
152 . SMT. HEMA RAVI
W/O SRI D.K RAVI
AGED ABOUT 53 YEARS
R/O NO.110, PADMA NILAYA
16TH CROSS, 8TH MAIN
JP NAGAR, 4TH PHASE
BANGALORE-560 078.
153 . SMT. V. PADMA REKHA
W/O SRI K.V. RAJEEVALOCHANA
AGED ABOUT 53 YEARS
R/O NO.1135, SRINIVASA NILAYA
11TH MAIN, RPC LAYOUT
VIJAYANAGAR
BANGALORE-560 040.
154 . SRI KIRAN KUMAR B
S/O SRI C.S. BALAMUKUNDA
WA No.978/2014
28
AGED ABOUT 39 YEARS
CURRENTLY R/O NO.44
SAMA BUILDING, AL KHUWAIR
MUSCAT, SULTANTE OF OMAN
REP BY HIS DULY
CONSTITUTED ATTORNEY
SRI B.S.VENKATANARASAIAH
155 . SRI K.S ASHWATHNARAYANA RAO
S/O LATE SRI SURAPPA
AGED ABOUT 69 YEARS
R/O NO.108/B, "YASHAS"
7TH A MAIN, 3RD CROSS, TR NAGAR
BANGALORE-560 028.
156 . MS. VASANTHA B.V
D/O B.V. VARADACHAR
R/O MARALUBAGILU FARM HOUSE
II DIVISION, DEVANAHALLI TOWN
BANGALORE RURAL DISTRICT
157 . MS. S. JYOTHI
D/O SRI SRINIVAS
AGED ABOUT 36 YEARS
R/O NO. 681, 9TH MAIN
10TH CROSS, VIJAYANAGAR
1ST STAGE
MYSORE-570 017.
158 . SMT. INDIRA SHIVARAM
W/O SRI SHIVARAM
AGED ABOUT 43 YEARS
R/O NO.681, 9TH MAIN
10TH CROSS, VIJAYANAGAR
1ST STAGE
MYSORE-570 017.
159 . SRI V.N. KIRAN
S/O VASANTHALAKSHMI
AGED ABOUT 40 YEARS
R/O NO. 1583/A, 26TH CROSS
30TH MAIN, BSK II STAGE
BANGALORE-560 070.
WA No.978/2014
29
160 . K.S.KAVYA SHREE
W/O SRI DHARSHAN RANGEGOWDA
AGED ABOUT 30 YEARS
R/.O NO. 451, INCHARA
11TH MAIN, 6TH CROSS
CANARA BANK LAYOUT
VIDYARANYAPURA POST
BANGALORE-560 097.
REP BY HER DULY CONSTITUTED
ATTORNEY SRI K.K. SHIVALINGAIAH
161 . SRI GIRISH S
S/O C. SHIVASHANKAR
AGED ABOUT 38 YEARS
R/O NO.33, 3RD MAIN
HANUMANTHANAGARA
OPP VIJAYA BANK
BANGALORE.
162 . DR. PRASHANTH RAMAKRISHNA KESHAV
S/O SRI DR. P.K RAMAKRISHNA RAO
AGED ABOUT 42 YEARS
R/O NO. 4985, CHESTNUT HILL
MANSION DRIVE
OHIO-45040
USA
REP BY HIS DULY CONSTITUTED
ATTORNEY
DR. P.K RAMAKRISHNA RAO
163 . SMT. SHUBHA SHESHADRI
W/O RAVI R
R/O NO.19, 1ST A CROSS
SBM COLONY
BANGALORE-560 050.
164 . SRI S. VENKATESH
S/O A.V. SESHA IYENGAR
AGE 56 YEARS
R/O NO.7075
BENNINGTON WOODS DRIVE
PITTSBURG, USA, 15237
REPRESENTED BY HIS GPA HOLDER
SMT. SHYAMALA
AGE 62 YEARS
WA No.978/2014
30
W/O K.S. ANANTHARAJ
R/O NO.192/19
SHANKARMUTT ROAD
CHAMARAJPET
BANGALORE-560 018.
165 . SRI PRASANNA L.C
S/O HSL MURTHY,
AGE: 44 YEARS
NO.32, "SRI KESHAVA"
3RD CROSS, 1ST MAIN
SAMRUDDHI LAYOUT
SUBRAMANYAPURA POST
BANGALORE-560 061.
166 . SMT. AMUDHA S
W/O R. THYAGARAJAN
AGE: 42 YEARS
NO.778, 25TH CROSS
53RD MAIN
KUMARASWAMY LAYOUT 1ST STAGE
BANGALORE-560 078.
167 . DR B.N. SOMASHEKAR
S/O N. NARASIMHA RAO
AGE 58 YEARS
NO.14/1, OBALAPPA STREET
CHIKKAMAVALLI
BANGALORE-560 004.
168 . SRI B.N. MOHAN KUMAR
S/O N. NARASIMHA RAO
AGE 56 YEARS
NO.11/2, OLD KASI CROSS ROAD
(MINERVA CIRCLE) DODDAMAVALLI
BANGALORE-560 004.
169 . SMT. GEETHA
W/O B.N. MOHAN KUMAR
AGE 50 YEARS
NO.11/2, OLD KASI CROSS ROAD
(MINERVA CIRCLE) DODDAMAVALLI
BANGALORE-560 004.
WA No.978/2014
31
170 . SRI M. MAHADEVAIAH
S/O K. MUNIYYAPPA
AGE: 46 YEARS
NO.4, 4TH MAIN
12TH CROSS, HANUMAGIRI NAGAR
PADMANABHA NAGAR
BANGALORE-560 026.
171 . SRI B. SANTHAPPA
S/O LATE SUBBARAYA GOWDA
AGE: 52 YEARS
NO.W-4, WMS COMPOUND
47TH CROSS, 9TH MAIN ROAD
5TH BLOCK, JAYANAGAR
BANGALORE-560 041.
172 . SRI PRASHANTH BHAT
S/O B.G. BHAT
AGE: 33 YEARS
NO.005, "SAI CHARITHA APARTMENTS"
NANDANAVANAM LAYOUT
VIDYARANYAPURA POST
BANGALORE-560 007.
173 . SRI BHAKTHAVATSALA
S/O SRI NARAYANA
AGE 42 YEARS
G-4, NANDA RESIDENCE
1ST MAIN ROAD
PRASHANTH NAGAR EXTENSION
BANGALORE-560 078.
174 . SMT. GEETHA PAI M
W/O SRI SURESH PAI V
AGE: 58 YEARS
NO.58, OLD NO. 68
"MAHA MAYA", 6TH MAIN
2ND CROSS
4TH BLOCK, THYAGARAJNAGAR
BANGALORE-560 028.
175 . SRI B. RABINDRA BHAT
S/O LATE MUKUNDARAYA BHAT
AGE: 71 YEARS
NO.37, KATHAYAYANI
WA No.978/2014
32
15TH MAIN, 17TH CROSS
PADMANABHANAGAR
BANGALORE-560 070.
176 . RAMACHANDRA SHANBHOG
S/O LATE SESHAGIRI SHANBOG
AGE 56 YEARS
NO. 190, 2ND BLOCK
SRIRAM ROAD, THYAGARAJANAGAR
BANGALORE-560 028.
177 . K.M. BOPPAIAH
S/O LATE K.J MEDAPPA
AGED ABOUT 53 YEARS
R/O NO.120, BALACHANDRA LAYOUT
II CROSS, BABUSAPALYA
KALYANA NAGAR
BANGALOARE-560 043.
178 . SRI K.G. VALLABHA RAMU
S/O LATE K. GUNDU RAO
AGED ABOUT 57 YEARS
R/O NO.576, 1ST MAIN
NAGENDRA BLOCK, BSK 1ST STAGE
BANGALORE-560 050.
179 . SRI K. UMESH BABU
S/O LATE K.V. KRISHNAPPA
AGED ABOUT 43 YEARS
R/O NO. 4195, 1ST MAIN ROAD
SUBRAMANYANAGAR
BANGALORE-560 021.
180 . SRI K. SRINIVASA ACHARYA
AGED ABOUT 67 YEARS
S/O LATE VENKATARAMANA ACHARYA
R/O NO.305, 7TH MAIN
10TH CROSS, ISRO LAYOUT
BANGALORE-560 078.
181 . SMT. PRABHAVATHI
D/O RAMACHANDRAIAH
AGED 54 YEARS
R/O NO.637, 6TH CROSS
WA No.978/2014
33
HANUMANTHANAGAR
BANGALORE-560 019.
182 . SRI C.S. NAGARAJAN
S/O C.S. SREEKANTAIAH
AGED ABOUT 62 YEARS
R/O NO.252, 17TH MAIN
II CROSS, II BLOCK, BSK 1 STAGE
BANGALORE-560 050.
183 . SMT. BHAVANI
D/O C.S. SHIVARAMAIAH
AGED ABOUT 46 YEARS
D/O ROOP KUMAR
R/O NO.94-I, 8TH CROSS ROAD
RAJAMAHAL VILAS EXTENSION
BANGALORE-560 080.
184 . SRI M.V. SREENIVASA
S/O VIJENDRA RAO
AGED ABOUT 68 YEARS
R/O NO.1/B, 6TH CROSS
LIC COLONY, (JPH)
III BLOCK EAST, JAYANAGAR
BANGALORE-560 011.
185 . SMT. B.R. MANJULAMBA
D/O RAMACHANDRAIAH
AGED ABOUT 32 YEARS
R/O NO.9,ST STREET
MARUTHI NAGAR
NEW MADIWALA EXTENSION
BANGALORE-560 068.
186 . SMT. G.K. SOWBHAGYA
D/O LATE G.N. KRISHNA MURTHY
AGED ABOUT 54 YEARS
R/O NO.523, 53RD CROSS
3RD BLOCK, RAJAJINAGAR
BANGALORE-560 010.
187 . SRI N.L RAVICHANDRA
S/O LATE N.P. LAKSHMINATHAN
AGED ABOUT 58 YEARS
R/O NO.2974, 13TH MAIN,
WA No.978/2014
34
MARIYAPPANAPALYA
II STAGE, RAJAJINAGAR
BANGALORE-560 021.
188 . SMT. B.R. HAMSAVENI
W/O K.G. VALLABHA RAMU
AGED ABOUT 50 YEARS
R/O NO. 576, 1ST FLOOR
NAGENDRA BLOCK
BANASHANKARI I STAGE
BANGALORE-560 050.
189 . SMT. KUSUMA RAMESH
W/O SRI U.K. RAMESH
AGED ABOUT 50 YEARS
R/O NO.25, 11TH MAIN
18TH CROSS, MALLESWARAM
BANGALORE-560 055.
190 . SRI T.S.JAYARAMAN
S/O LATE T.N. SRINIVASA MURTHY
AGED ABOUT 74 YEARS
R/O NO.97-A, FIRST FLOOR
KGE LAYOUT, NEW BEL ROAD
DEVASANDRA
BANGALORE-560 094.
191 . SRI V. SUBBARAYA HOLLA
S/O LATE KRISHNA HOLLA
AGED ABOUT 76 YEARS
R/O NO.309, PRAMODA
3RD CROSS, 6TH MAIN
NR COLONY
BANGALORE-560 019.
192 . SMT. T.D BHARATHI
W/O T.R. DWARAKANATH
AGED ABOUT 58 YEARS
R/O NO.34, SURVEYOR STREET
BASAVANAGUDI
BANGALORE-560 004.
193 . SMT. UMA
AGED ABOUT 38 YEARS
R/O NO.1178, 7TH MAIN ROAD
WA No.978/2014
35
RPC LAYOUT
VIJAYANAGAR II STAGE
BANGALORE-560 040.
194 . SRI RAMACHANDRAIAH M
S/O SRI RAMALINGAIAH
AGED ABOUT 62 YEARS
R/O NO.25,DODDAMAVALLI
SUSHEELA ROAD
ANJANEYA TEMPLE STREET
BANGALORE-560 004.
195 . SRI B.S. PRASHANTH
S/O D.R. ANANTHA MURTHY
AGED ABOUT 36 YEARS
R/O NO.43, 31ST MAIN ROAD
ITI LAYOUT, JP NAGAR, 1ST PHASE
BANGALORE-560 078.
BY HIS GPA HOLDER
SRI D.R. ANANTHAMURTHY
196 . SRI A.N. ANANTHA MURTHY
S/O PANDITH A.N. NAGAPPA
AGED ABOUT 57 YEARS
R/O NO. 1960, KAMALA
SRI SHANI MAHATHMA TEMPLE STREET
BCCHS LAYOUT, RAGHUVANAHALLI
KANAKAPURA ROAD
BANGALORE-560 062.
197 . SRI N.M. SRIKANTA
S/O M.MYLARAIAH
AGED ABOUT 60 YEARS
R/O NO.1967, "VARNITA"
BCCHS LAYOUT, RAGHUVANAHALLI
KANAKAPURA ROAD
BANGALORE-560 062.
198 . SRI N. ANANTHA PADMANABHA
S/O LATE S. NARAYANA RAO
AGED ABOUT 60 YEARS
R/O NO. 1762, "GURUKRUPA"
OPP RAMAIAH GARDEN
BCCHS LAYOUT, VAJARAHALLI
WA No.978/2014
36
KANAKAPURA MAIN ROAD
BANGALORE-560 062.
199 . SRI H.S. CHANDRASHEKAR
S/O LATE H.N. SRINIVASA RAO
AGED ABOUT 59 YEARS
R/O NO.252, BCCHS LAYOUT
VAJARAHALLI, TALAGHATTAPURA POST
KANAKAPURA ROAD
BANGALORE-560 062.
200 . SRI MALATHESHA NADIGER
S/O LATE SUBBA BHATT PUJAR
AGED ABOUT 65 YEARS
R/O NO. 261, BCCHS LAYOUT
VAJARAHALLI, KANAKAPURA ROAD
BANGALORE-560 062.
201 . SRI PADMABHA SHIMANTHUR RAO
S/O LATE S. DASAPPAYYA
AGED ABOUT 69 YEARS
R/O NO.1303, BCCHS LAYOUT
VAJARAHALLI, OFF: KANAKAPURA ROAD
TALAGHATTAPURA POST
BANGALORE-560 062.
202 . SMT. DR. REVATHI RANGARAJ
W/O DR. C.S. RANGARAJ
AGED ABOUT 59 YEARS
R/O NO.241, BCCHS LAYOUT
VAJARAHALLI, KANAKAPURA ROAD
BANGALORE-560 062.
203 . SRI HASMUKHLAL
S/O M. CHAINRAJ
AGED ABOUT 38 YEARS
R/AT NO.6/1, RATNA VILAS ROAD
BASAVANAGUDI
BANGALORE-560 004.
204 . SRI C. ARUN KUMAR
S/O M. CHAINRAJ
AGED ABOUT 49 YEARS
R/AT NO.6/1
RATNA VILAS ROAD
WA No.978/2014
37
BASAVANAGUDI
BANGALORE-560 027.
205 . SMT.MANJU
W/O GAJENDRA SINGH
AGED ABOUT 44 YEARS
R/AT NO.18, LAKSHMI ROAD
SHANTINAGAR
BANGALORE-560 027.
206 . SRI M.MOHNLAL
S/O LATE M. MANIKLAL
AGED ABOUT 63 YEARS
R/AT NO.6/4, RATNA VILAS ROAD
BASAVANAGUDI
BANGALORE-560 004.
207 . SRI SURENDRA KUMAR
S/O M.KUSHALRAJ
AGED ABOUT 46 YEARS
C/O M.K ELECTRIC CO.
V.S. LANE, CHICKPET
BANGALORE-560 053.
208 . SRI K. MAHENDRA KUMAR
S/O M. KUSHALRAJ
AGED ABOUT 48 YEARS
C/O M.K. ELECTRIC CO.
V.S. LANE, CHICKPET
BANGALORE-560 053.
209 . SMT. PUSHPADEVI PARAKH
W/O LATE TARACHAN PARAKH
AGED ABOUT 64 YEARS
R /AT NO.214, 1ST MAIN
"G" CROSS, SHARADA COLONY
NEAR MONKEY PARK
BASAVESHWARANAGAR
BANGALORE-560 079.
210 . SRI SATHISH KRISHNA MURTHY
S/O LATE C.S KRISHNA MURTHY
AGED ABOUT 41 YEARS
R/AT NO.123, 5TH MAIN
WA No.978/2014
38
5TH CROSS, PADMANABHANAGAR
BANGALORE-560 070.
211 . SRI T.R. SHOBA
W/O S.R. SHAM
AGED ABOUT 56 YEARS
R/AT NO.17, 3RD CROSS
6TH C MAIN TATA SILK FARM
BANGALORE-560 028.
212 . SMT. MEENA S. SINGH
W/O DR. B.K. SADASHIVA SINGH
AGED ABOUT 51 YEARS
R/AT NO.759
SRI JAYALAKSHMI NIVAS
100 FEET ROAD, HAL 2ND STAGE
INDIARANAGAR
BANGALORE-560 038.
213 . SRI SOMASHEKAR A.V.
S/O LATE A. VENKATARAMAIAH
AGED ABOUT 57 YEARS
NO.145/C, I (N) BLOCK
5TH CROSS, RAJAJINAGAR
BANGALORE-560 010.
214 . SMT. SHARADA SHANKAR
W/O SRI SHANKAR,
AGED ABOUT 53 YEARS,
NO.9, "BELAKU",
4TH CROSS, 1ST MAIN, GAURAVANAGAR,
J.P NAGAR, 7TH PHASE,
BANGALORE 560078
215 . SMT. B. SHIMSHA
W/O Y.S. NAVEEN
AGED ABOUT 35 YEARS
R/AT NO.690/S, 12TH CROSS
15TH MAIN, J.P NAGAR
BANGALORE-560 078.
216 . SRI SHASHANK
S/O SRI BRAHMASURAIAH
AGED ABOUT 33 YEARS
NO.4203, ANRIAYA ATRIEUS APARTMENTS
WA No.978/2014
39
H.B.R LAYOUT, 5TH BLOCK
BANGALORE-560 043. ... RESPONDENTS
(BY SHRI. ARUNA SHYAM, AAG AND
SHRI. B.V. KRISHNA, GOVERNMENT ADVOCATE FOR R1 and R2;
SHRI. M.B. CHANDRA CHOODA, ADVOCATE FOR R3;
SHRI. R. BHADRINATH, ADVOCATE FOR R4-R6, R11, R12, R15,
R17-R19, R25-R32, R35, R36, R38-R40, R44, R47, R49, R58-R61,
R70, R72, R76, R79, R80, R84, R91-R96, R100-R105, R107,
R109, R118, R119, R122, R123, R125, R136, R137, R139, R140,
R141, R143, R146-R148, R150, R154, R156, R157, R159-R161,
R163, R165, R171, R174-177, R180, R186, R192, R193, R210,
R213-R216;
SRIYUTHS. K. SRIDHAR, AND K.L. ASHOK, ADVOCATES FOR
R7-R10, R13, R14, R16, R20-R24, R33, R34, R37, R57, R67-R69,
R73-R75, R77, R78, R85, R86, R88, R99, R102, R115, R116,
R153, R158, R162, R166, R170, R172, R173, R184, R194, R195;
SHRI. B.A. RAMAKRISHNA, ADVOCATE FOR R41, R42, R178,
R181-183, R184, R185, R187-191, R196-209;
SHRI. H.S. PRAKASH, ADVOCATE FOR R-71;
SRIYUTHS. R. SWAMYNATHAN, K.V. PRASANNA, K.B. PRASANNA,
ADVOCATES, FOR R43, R45, R46, R50-R56, R62-66, R142, R144,
R145, R149 GPA HOLDER OF R211, R152 BY WAY OF GPA
HOLDER R164, R211;
SHRI. R CHANDRA SHEKAR, ADVOCATE FOR R81-R83, R87-R90,
R97, R98, R101, R103, R104, R106, R108, R111, R112, R114,
R120, R121, R124, R126, R128, R130, R131, R134, R135, R138,
R179;
SHRI. M.S. ASHVIN KUMAR AND SOWMYA M. KUMAR,
ADVOCATES FOR R113;
SHRI. N.D. SATISH CHANDRA, ADVOCATE FOR R129,R132, R133;
SHRI. S. SUBRAMANYA, ADVOCATE FOR R152, R155, R212;
SHRI. R. SUBRAMANYA HARANAHALLI, LAW PARTNERS FOR
R110, R117, R127;
SHRI. K.L. ASHOK, ADVOCATE, FOR R167, R168, R169)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITINON 16858/2004 DATED 25/02/2014.
WA No.978/2014
40
THIS WRIT APPEAL, HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 23.09.2022. COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY, P.S.DINESH KUMAR J., PRONOUNCED THE
FOLLOWING:-
JUDGMENT
This intra-court appeal under Section 4 of Karnataka High Court Act, 1961, by the unsuccessful writ petitioner is directed against the order dated February 25, 2014 passed by the Hon'ble Single Judge in W.P No. 16858/2004.
2. Brief facts of the case are, appellant and other writ petitioners challenged the Preliminary Notification dated August 23, 1988 issued under Section 4(1) of the Land Acquisition Act, 18941 published in the Gazette dated September 01, 1988 (Annexure A) and notification dated September 25, 1989 under section 6(1) of the Act published in the Gazette dated September 25, 1989 (Annexure B) in W.P. No. 16858/2004 and the said Writ Petitions have been dismissed by the common impugned order. Hence, this appeal.
1
"the Act" for short WA No.978/2014 41
3. Appellant's case is, he is the owner of land measuring 5 acres 17 guntas in Sy.No.2 of Vajrahalli village, Uttarahalli hobli, Bangalore South Taluk. The third respondent - The Bangalore City Co-Operative Housing Society2 submitted a representation to the Government to acquire land in Vajrahalli and Raghuvanahalli villages to an extent of about 197 acres for the benefit of the Housing Society and the State Government initiated acquisition proceedings under the two notifications Annexure A & B. Several land owners challenged the acquisition in various Writ Petitions. Appellant on an earlier occasion had filed W.P.No.28585/1995 challenging the preliminary notification dated August 23, 1988 issued under section 4(1) of the Land Acquisition Act and the notification under Section 6(1) of the Act dated September 25, 1989 in favour of the Housing Society contending inter alia that acquisition had involvement of middlemen and fraud had been committed in acquisitions land for the benefit of Housing Society. The said Writ Petition was dismissed vide order dated April 12, 2 'Housing Society' for short.
WA No.978/201442 1996 and the W.A. No.7961/1996 filed thereon was also dismissed vide order dated December 03, 1996. On further challenge before the Apex Court the SLP(Civil) 12012-17 was also dismissed vide order dated July 23, 1997.
4. One Smt. Geeta Devi Shah also challenged the acquisition in W.P. No. 16419/1992 and it was dismissed on November 18, 1996. She challenged the said order of dismissal in W.A. No. 9913/1996 and the acquisition of her land was quashed on the ground that no housing scheme was approved by the Government. The Housing Society challenged the same in Review Petition, C.P. No. 366/19983 and the same was dismissed holding that Smt. Geetha Devi Shah's case was applicable only to the petitioner therein namely Smt. Geeta Devi Shah. Similarly one P.Ramaiah also challenged the acquisition proceedings in W.P.No.10406/1991 and the same was allowed only so far as the Writ Petitioner therein was concerned. The Housing Society challenged the said order in W.A.No.4246/1998. 3 Bangalore City Corporative Housing Society Ltd. v. Mrs. Geetha Devi Shah & Ors., decided on March 16, 1998.
WA No.978/201443 A Division Bench of this Court upheld the order passed in the Writ Petition and dismissed the Writ appeal along with connected appeals vide judgment dated February 06, 2004.
5. It is the further case of the appellant that he was not able to contact his Advocates immediately and file a Writ Petition at an earlier point of time.
6. The instant Writ Petition filed by the appellant was resisted by the Housing Society contenting inter-alia that appellant had earlier filed Writ petition No.28585/1995 questioning the Notifications as per Annexure A & B and the same was dismissed vide order dated April 12, 1996.
7. Shri. K. Suman, learned Senior Advocate for the appellant urged following contentions:
• before issuance of notification, no Housing Scheme was formulated, acquisition of land was not for public purpose and the mandatory requirements of Section 3(f)(vi) of the Act had not been complied with; WA No.978/2014 44 • middleman were engaged to influence the Government for issuance of notifications; • since there was no housing scheme, there was no prior approval by the State Government; • that delay and latches could not be attributed to the appellant because the entire acquisition is vitiated for want of housing scheme;
• that in Vyalikaval House Building Co-Operative Society Ltd. Vs. Chandrappa4, it is held that when the acquisition has been found to be totally malafide, the ground of delay and latches has no substance and payment of compensation / consideration to the land owners also is of no avail;
• that in HMT House Building Co-Operative Society Vs. Syed Khader5, it is held that where the statutory enquiry under Section 5(A) of the Act was imperfect and a fair and reasonable opportunity had 4 (2012) 10 SCC 184 5 AIR 1995 SC 2244 WA No.978/2014 45 not been given to the land owners, the preliminary and final Notifications are unsustainable;
• that in Bangalore City Co-operative Housing Society Limited Vs. State of Karnataka6, (hereinafter referred to as the 'BCC Case') the acquisition has been quashed as there was no prior approval; • Section 6 of the Act contemplates that no declaration in respect of any particular land covered by Notification covered under Section 4(1) of the Act shall be made after the expiry of one year from the date of publication of the Notification. With these submissions, he prayed for allowing this appeal.
8. In substance, Shri. Suman argued that the acquisition of land is not for bonafide purpose; there was involvement of middlemen and there was no prior approval by the Government. Further, delay in approaching the Court cannot be a ground for dismissal of the Writ Petition when the acquisition is bad in law; and that the Hon'ble 6 (2012) 3 SCC 727 WA No.978/2014 46 Single Judge without proper appreciation of facts and law has dismissed the Writ Petition.
9. Opposing the Writ Appeal, the learned Additional Advocate General contended that:
• pursuant to Housing Society's request, after complying with the requirements of Section 3(f)(vi) of the Act, the Revenue Commissioner has issued communication dated December 4, 1987 for acquisition of land;
• the Housing Society in its request letter had furnished the Registration Certificate of the Society, bye-laws, the list of members, details of land, the NOC issued by the BDA for acquisition of land, the consent given by the land owners, audit report, payment voucher etc.;
• that there is no specific proforma for granting sanction. The proceedings were held under the Chairmanship of the Hon'ble Chief Minister and the Government order refers to acquisition of lands in WA No.978/2014 47 favour of various House Building Co-operative Societies to an extent of 7,000 acres and the Housing Society in this case is one of such 128 Societies; • that no middlemen were involved in issuance of Notifications and the petitioner herein had consented for the award and also received the compensation; • that petitioner had earlier unsuccessfully challenged the very acquisition in W.P. No. 28585/1995, W.A. No. 7961/1996 and SLPs No. 12012-17/1997 and he has suppressed those proceedings in the instant writ petition.
With these Submissions, learned Additional Advocate General prayed for dismissal of this appeal.
10. Shri. M B Chandrachooda, learned Advocate for the Housing Society urged following contentions:
• that the land owners had agreed for the acquisition of the land in favour of the Housing Society, the price offered by the Housing Society was also made known WA No.978/2014 48 to the LAO7. Accordingly, the award has been passed and forwarded to the Government;
• appellant had challenged the acquisition proceedings in W.P. No.28585/1995 questioning the Notification, relying upon the Judgment in HMT HBCS Ltd. Vs. Syed Khader8. Appellant's contention with regard to involvement of middlemen, execution of the Power of Attorney, fraud etc., have been considered in the said Writ Petition and it has been dismissed vide order dated April 12, 1996;
• the instant Writ Petition has been filed by the appellant suppressing earlier proceedings namely, filing the Writ Petition, Writ Appeal, and dismissal of SLPs No. 12012-12017/1997;
• acquisition proceedings have been initiated having been satisfied with the requirements of Section 3(f)(vi) of the Act. There is no straight jacket formula for submission of the Housing Scheme. The 7 Land Acquisition Officer.8
ILR 1996 KAR 1962.WA No.978/2014
49
allegation that middlemen were involved is false and they have not been made parties in any proceedings; • possession of the land in question was taken by the SLAO9 on April 19, 1991 and handed over to the Housing Society on October 04, 1992;
• the Housing Society has obtained approval from BDA on October 21, 1993. The civic amenity sites have been handed over to the BDA in 2001 and about 51 sites have been formed in Sy. No.2, which is the subject matter of this appeal and the same have been allotted to various allottees by executing registered sale deeds. In all, Housing Society has formed 1791 sites and allotted to its members by executing registered sale deeds and they have been put in possession of their respective sites; • Appellant has received the compensation; • Appellant has approached this Court with unclean hands questioning the preliminary and the final Notifications invoking extra-ordinary and discretionary 9 Special Land Acquisition Officer WA No.978/2014 50 jurisdiction of this Court after a lapse of 16 years and therefore not entitled for any relief; • The Society having formed the layout has allotted sites to its members. Therefore, third-party interests have been created.
11. With these submissions, Shri. Chandrachooda prayed for dismissal of this Appeal.
12. We have carefully considered rival contentions and perused the records.
13. In the facts of this case, the following points arise for consideration:
i. Whether the Writ Petition is barred by principle of res-
judicata?
ii. Whether the decision in BCC Case is a judgment in rem?
iii. Whether delay and laches in approaching the court is explained satisfactorily?WA No.978/2014
51 iv. Whether a third-party interests have been created? v. Whether appellant is entitled for the extra ordinary discretionary relief under Article 226 of the Constitution?
Re: Question No.1 Whether the Writ Petition is barred by principle of res-judicata?
14. It was argued by Shri. Suman, learned Senior Advocate for the appellant/writ petitioner that mandatory requirement of Section 3(f)(vi) of the Act was not complied, middle men were involved and fraud was played in acquisition of land.
15. At the outset, we may record that appellant along with nine others had earlier filed W.Ps. No.28577- 86/1995, challenging the Notification dated September 25, 1989 under Section 6(1) of the Act. This Court in its order dated April 12, 1996 has recorded that the Government had handed over the land to Housing Society on October 14, 1992 and the layout was approved by the BDA on WA No.978/2014 52 October 19, 1992 and that the Petitioners had filed the Writ Petitions on July 26, 1995.
16. Thus, admittedly the appellant herein along with nine others had approached this Court challenging the very same acquisition proceedings impugned in these proceedings, with a delay of six years from the date of Notification and three years after the land was handed over to the Society and approval accorded by the BDA.
17. We may further record that in para 5 of the said order, this Court has recorded a finding that there was no fraud and the acquisition was for public purpose. It is further recorded in para 6 that the petitioners had not explained the long delay of six years in approaching the Court. The appellant herein and nine others had challenged the order passed in W.P. No. 28577-86/1995 in W.A. No. 7953-7962/1996. The Division Bench of this Court in para 3 of its order dated December 3, 1996 has held that the averments did not indicate existence of any WA No.978/2014 53 fraud. It has noted in para 5 of the order that the Hon'ble Single Judge had recorded a finding that no middlemen were involved and ultimately dismissed the appeal on merits. The SLPs10 filed thereon have been dismissed. Thus, appellant has failed in his challenge on an earlier occasion and it has attained finality.
18. Shri. Suman has placed reliance on following authorities:
(i) R. Rajashekar Vs. Trinity House Building Co-operative Society & Ors.11 In the said case, the land owners had challenged the acquisition proceedings and the Hon'ble Single Judge had quashed the acquisition and the Division Bench had allowed the Writ Appeal and restored the acquisition. The appellant before the Hon'ble Supreme Court of India was the middleman.
10
SLP (Civil) 12012-12017/1997 11 AIR 2016 SC 4329 (para 34 & 42) WA No.978/2014 54 In para 34, the Apex Court has recorded a finding that Society had paid consideration to one Rangarajan to act as an Agent. In para 42, it is held that land owners had approached belatedly. In contra-distinction the appellant herein had approached this Court and the Apex Court and lost his challenge. Suppressing that fact he has approached this Court again. Therefore, the said authority does not lend any support to the appellant.
(ii) Raju Ramsing Vasave Vs. Mahesh Dheorao Bivapurkar and others12 It is held by the Apex Court in para 30 as follows:
"30. The principle of res judicata is undoubtedly a salutary principle. Even a wrong decision would attract the principle of res judicata. The said principle, however, amongst others, has some exceptions e.g. when a judgment is passed without jurisdiction, when the matter involves a pure question of law or when the judgment has been obtained by committing fraud on the court."
The exceptions carved out by the Apex Court are not present in the instant case. Hence, the said authority does not lend any support to the appellant's case. 12
(2008)9 SCC 54 (paras 30, 32, 35 & 36) WA No.978/2014 55
19. In Shankar Co-op Housing Society Ltd. Vs. M. Prabhakar & Others13, the Apex Court has held that a second writ petition on the same cause of action which had attained finality cannot be entertained. Further, in the facts of that case it was held that, the High Court ought not to have granted relief, when there was inordinate and unexplained delay in approaching the Court and the subsequent writ petition was not maintainable in respect of an issue concluded between the parties in the earlier writ petitions.
20. As recorded hereinabove, the appellant, after receiving the compensation had earlier approached this Court unsuccessfully. His Writ Petition has been dismissed on merits holding that he had not explained the delay in approaching this Court. Hence, the law laid down in Shankar Co-op Housing Society Ltd., is applicable to the facts of this case. Accordingly, this point is answered in the affirmative.
132011 AIR SCW 3033 WA No.978/2014 56 Re: Question No.2 Whether the BCC Case is a judgment in rem?
21. Smt. Geetha Devi Shah's Writ Petition14 was dismissed and the Division Bench allowed the Writ Appeal15. In the Review petition C.P. No.366/1998, it was clarified that quashing of acquisition was only so far as petitioner therein was concerned. In P.Ramaiah's16 case, this Court has allowed the writ petition confining the relief to the petitioner only.
22. The Hon'ble Single Judge in the instant Writ Petition having considered the BCC judgment (supra) delivered by the Apex Court has held as follows:
"It is evident that the Court while granting liberty to the appellant -Society 'to negotiate with the respondents'- (for purchase of their land) and hoping that 'the land owners will, notwithstanding the judgments of the High Court and this court, agree to accept the market price...etc', was apparently referring to the respondent- land owners, Geeta Devi Shah and P.Ramaiah, only.
(Emphasis Supplied) 14 W.P. No.16419/1992 decided on 18.11.1996 15 W.A. No.9913/1996 decided on 16.03.1998 16 W.A. No.4246/1998 decided on 06.02.2004 WA No.978/2014 57
23. The Hon'ble Single Judge has further recorded thus in page 79:
"It is to be noticed that the appeals having been dismissed by the apex court, the judgments of the Division benches of the High Court were thus affirmed. In the both the sets of appeals the High Court had restricted the judgment to the case of the petitioners. This position was specifically clarified in a review petition in Geeta Devi Shah's case."
24. In a case of similar nature, in Abhey Ram Vs. UOI17, relied upon by the Housing Society, the Apex Court has observed as follows:
"It is seen that before the Division Bench judgment was rendered, the petition of the appellants stood dismissed and the appellants had filed the special leave petition in this Court. If it were a case entirely relating to Section 6 declaration as has been quashed by the High Court, necessarily that would ensure the benefit to others also. Though they did not file any petition, except to those whose lands were taken possession of and were vested in the State under Sections 16 and 17(2) of the Act free from all encumbrances. But it is seen that the Division Bench confined the controversy to the quashing of the declaration under Section 6 in respect of the persons qua the writ petitioners before the Division Bench. Therefore, the benefit 17 1997 5 SCC 421 WA No.978/2014 58 of the quashing of the declaration under Section 6 by the Division Bench does not ensure to the appellants."
(Emphasis Supplied)
25. In the case on hand also, this Court has confined the quashing of acquisition proceedings qua the writ petitioners Smt. Geetha Devi Shah and P.Ramaiah. Therefore following the dictum in Abhey Ram, we hold that the judgment of Apex Court in BCC Case is not a judgment in rem and accordingly, this point is answered in the negative.
Re. Question No. 3 Whether delay and latches in approaching the Court is explained satisfactorily?
26. It is not in dispute that appellant and nine others had earlier filed W.Ps. No.28577-86/1995, challenging the Notification dated September 25, 1989 impugned in this Writ Petition. The said Writ Petition has been dismissed and confirmed in W.As. No.7953-7962/1996 and SLP(C) WA No.978/2014 59 Nos. 12012-12017/199718. Thereafter, appellant herein has approached this Court by filing the instant Writ Petition in the year 2004.
27. To explain the delay between the disposal of SLP in 1997 and filing the instant petition in 2004, the appellant has averred thus in W.Ps. No.16858-16876/2004.
"5. That, the notifications Annexure A and B have been quashed by the judgement in WA No. 9913/1996 (Annexure C) and by the judgement dated 6.2.2004 in W.A. No. 4246/1998 (Annexure E) is a matter of record. The former quashed the entire acquisition though by a later order it was confined to the appellant therein. Notwithstanding the findings recorded in the aforesaid judgement, more particularly the finding that the acquisition by Annexure A & B are vitiated by fraud and by abuse of statutory power, the rights of the petitioners in the lands owned by them are under the dark shadow of acquisition. Though the acquisition of lands owned by the persons similarly situated are quashed the clog on the right, title and interest of the petitioners rights conferred by Articles 14, 19 and Article 300A of the Constitution.
6. The petitioners are aggrieved in that they have been arbitrarily discriminated and denied by the State Government the restoration of their rights in the properties notified in Annexure 'B' the petitioners are constrained to 18 Disposed of on 23.07.1997 WA No.978/2014 60 invoke the writ jurisdiction of this Hon'ble Court for the relief hereinafter set out.
7. The cause of action for the petitioners to invoke the jurisdiction of this Hon'ble Court arose on 6.2.2004 when this Hon'ble Court declared i) that the present acquisition proceedings are illegal by reason of the judgment of the Supreme Court in the HMT Case. ii) that the judgment in Writ appeal 9913/1996 (Annexure C) which relates to the present acquisition, is binding on the respondents therein, who were the respondents in WA No. 9913/1996 and iii) that the acquisition pursuant to the Annexure A & B is vitiated by fraud and abuse of power. That Annexure 'B' is dated 25.09.1989 cannot be held against the petitioners for the reason that the vitiating factors where judicially recognised and disapproved in the judgment in Writ Appeal 4256/1998 (Annexure E) rendered on 6.2.2004, further, prior notice is not required for the reason the judgments of the Hon'ble Court in the aforesaid writ appeals are notice to the State Government and the housing society that the law declared and laid down applied to all properties notified by Annexure B, the final notification."
28. Perusal of above pleadings clearly demonstrates that the instant writ petition has been filed on the ground of discrimination vis-à-vis the appellant herein and other land owners.19 This ground is untenable because the appellant herein and nine others did challenge the very 19 Geetha Devi Shah in W.A. N.o. 9913/1996 decided on 16.03.1998 and P.Ramiah in W.P. 4246/1998 decided on 06.02.2004 WA No.978/2014 61 same acquisition and lost their legal battle20 till the Apex Court in 1997 and both in Geetha Devi Shah's case21 and P. Ramaiah's case22, this Court has confined the relief to the petitioners therein.
29. Petitioner's specific case pleaded in para 7 of the writ petition is that the cause of action had arisen with Annexures A & B having been quashed in W.A. No. 9913/1996 and also in W.A.No.4246/1998. We may record that this Court has decided W.A.No.9913/1996 and W.A.No.4246/1998 and restricted the relief in both cases only to the petitioners therein. Therefore, the cause of action pleaded is factually incorrect and misconstrued.
30. Appellant has thus, challenged the acquisition proceedings upto the Apex Court in the earlier round of litigation and lost his legal battle. He has suppressed the material facts with regard to earlier litigation. 20 In SLP No. 12012-12017/1997 decided on 23.07.1997 21 In W.A. No. 9913/1997 decided on 16.03.1998 22 WA No. 4246/1998 decided on 06.02.2004 WA No.978/2014 62
31. Except stating that the cause of action had arisen in 2004 which is factually incorrect, there is no pleading with regard to delay between 1997 and 2004. The Hon'ble Single Judge has dealt with the delay aspect and recorded in para 6 that the petitioners were required to explain the delay in approaching this Court by recording thus:
"6. ...The petitioners are to explain the delay in approaching this Court on 12.04.2004, when the decision in Geetha Devi Shah's case was rendered as early as in the year 1998. Unfortunately, there is not(Sic.) attempt at any such explanation."
32. We are at one with the Hon'ble Single Judge that there has been no attempt in the writ petition to explain the delay.
33. Shri. Chandrachooda has placed reliance on the following authorities:
(i) State of Haryana and Another Vs. Devendar23
(ii) Chairman and Managing Director, Tamil Nadu Housing Board and another Vs. S. Saraswathy and Others24 23 (2016)14 SCC 746 (para 11) WA No.978/2014 63
(iii) Andhra Pradesh Industrial Infrastructure Corporation Ltd., Vs. Chinthamaneni 25 Narasimha Rao and others 2012 12 SCC 797 para 12-20 The ratio in these cases are applicable to the facts of this case.
34. We may profitably note that in S.S Balu Vs. State of Kerala,26 the Apex Court has held as follows:
"It is also well settled principle of law that "delay defeats equity". Government Order was issued on 15.1.2002. Appellants did not file any writ application questioning the legality and validity thereof. Only after the writ petitions filed by others were allowed and State of Kerala preferred an appeal there against, they impleaded themselves as party respondents. It is now a trite law that where the writ petitioner approaches the High Court after a long delay, reliefs prayed for may be denied to them on the ground of delay and laches irrespective of the fact that they are similarly situated to the other candidates who obtain the benefit of the judgment. It is, thus, not possible for us to issue any direction to the State of Kerala or the Commission to appoint the appellants at this stage."
(Emphasis Supplied) 24 (2015)8 SCC 723 (para 12) 25 (2012)12 SCC 797 (para 12) 26 (2009) 2 SCC 479 (para 17) WA No.978/2014 64
35. In the light of the facts of this case and the law laid down in S.S Balu, we are of the considered opinion that the appellant herein after exhausting his remedy by challenging the acquisition proceedings unsuccessfully upto the Apex Court, commenced his second round of litigation with more companions after 7 years. As held by us already, having lost the litigation in first round, appellant's writ petition in the second round is barred by res judicata. In addition, there is delay of 7 years in initiating the second round of litigation and there has been no attempt to explain the said delay. Hence, we answer this point in the negative.
Re: Question No.4 Whether third-party interests have been created?
36. It was argued by Shri.Chandrachooda that the Housing Society has taken possession of the property, obtained the layout plan and sites have been allotted to its members. Those members are in possession and enjoyment of their respective sites.
WA No.978/201465
37. In reply, Shri. Suman submitted that the entire acquisition having been quashed by the Supreme Court, the contention urged on behalf of the Housing Society is not tenable. In substance, he urged that once the acquisition is bad in law, the appellant is entitled for redelivery of possession.
38. Admittedly, appellant has lost his first round of litigation in 1997, which is more than a quarter century. The Housing Society has asserted that the sites have been allotted to its members, registered sale deeds have been executed in their favour and they have been put in possession of their respective sites. Admittedly, allottees have not been made as parties in these proceedings. Along with the written submissions, Shri. Chandrachooda has made available a list of allottees numbering to about 684. He has also made available the layout approval communication dated November 9, 1992, the Deed of Relinquishment dated March 13, 2001 relinquishing the WA No.978/2014 66 park area, playground, civic amenities etc. in favour of BDA. These documents demonstrate the formation of layout and allotment of sites. It is trite that settled rights of the parties cannot be unsettled, particularly in this case, at the instance of a litigant who has approached this Court belatedly for the second time after losing his first round legal battle upto the Apex Court.
39. In R & M Trust Vs. Koramangala Residents Vigilance Group,27 the Apex Court has held thus:
"There is no doubt that delay is a very important factor while exercising extraordinary jurisdiction under Article 226 of the Constitution. We cannot disturb the third-party interest created on account of delay. Even otherwise also why Court should come to rescue of person who is not vigilant of his rights?"
40. In Shankara Co-op Housing Society Ltd. Vs. M.Prabhakar,28 it is observed that:
"54. The relevant considerations, in determining whether delay or laches should be put against a person who 27 (2005) 3 SCC 91 para 34 28 AIR 2011 SC 2161, para 54.WA No.978/2014
67
approaches the writ court under Article 226 of the Constitution is now well settled. They are:
(1) there is no inviolable rule of law that whenever there is a delay, the court must necessarily refuse to entertain the petition; it is a rule of practice based on sound and proper exercise of discretion, and each case must be dealt with on its own facts.
(2) The principle on which the court refuses relief on the ground of laches or delay is that the rights accrued to others by the delay in filing the petition should not be disturbed, unless there is a reasonable explanation for the delay, because court should not harm innocent parties if their rights had emerged by the delay on the part of the petitioners."
(Emphasis Supplied)
41. In view of the facts recorded hereinabove, in our considered opinion the point with regard to third-party interest in the property in question must be answered in the affirmative and answered accordingly. WA No.978/2014 68 Re: Question No.5:
Whether appellant is entitled for the extra ordinary discretionary relief under Article 226 of the Constitution?
42. It was argued by the respondents that appellant has suppressed the vital material fact of approaching this Court earlier. It is indubitable that appellant has earlier challenged the very same acquisition proceedings in W.P. No.28585/1995 and lost the litigation with dismissal of SLP(Civil) Nos.12012-17 by the Apex Court on July 23, 1997. This Vital fact is not mentioned in the pleadings in the present writ petition. It was also contended that appellant has received compensation and the same is not refuted. It is settled that relief under Article 226 of the Constitution of India, is a discretionary relief. A person invoking extraordinary jurisdiction under Article 226 of the Constitution of India, must approach the Court with clean hands and should not be guilty of suppression of facts. In view of undisputed fact that appellant has indeed suppressed material fact, we answer this point in the negative.
WA No.978/201469
43. Having carefully considered the facts of the case and the law on the point, we find no legal infirmity in the impugned order and no merit in this appeal.
44. Resultantly, this appeal must fail and accordingly, it is dismissed.
No costs.
Before parting with this judgment, this Court places on record its deep appreciation for the research and assistance rendered by its official Research Assistants-cum-Law Clerks, Ms. Preksha R. Lalwani and Ms. Pooja Umashankar.
Sd/-
JUDGE Sd/-
JUDGE SPS