Karnataka High Court
Mr. C.M.Subramanya vs The State on 2 December, 2016
Author: B.S.Patil
Bench: B.S.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2016
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.Nos.44815-826/2016
C/W
W.P.No.46579/2016 & W.P.No.48645/2016
W.P.Nos.47842-844/2016,
W.P.No.47968/2016 & W.P.Nos.47969-972/2016,
W.P.No.49525/2016,
W.P.Nos.49580-584/2016,
W.P.Nos.50926-929/2016,
W.P.Nos.51332-335/2016,
W.P.No.53197/2016,
W.P.Nos.55336-343/2016,
W.P.Nos.55685-688/2016,
W.P.Nos.55979-982/2016,
W.P.Nos.55983-985/2016,
W.P.Nos.56581-591/2016,
W.P.Nos.57087-091/2016 & W.P.No.57092/2016,
W.P.57331/2016 & W.P.Nos.57332-336/2016,
W.P.Nos.58003-58004/2016 & W.P.No.58044/2016,
W.P.Nos.49346-348/2016 (LA-RES)
IN W.P.Nos.44815-826/2016
BETWEEN
1. MR.C.M.SUBRAMANYA,
S/O LATE SRI C.N.MADANAGOPAL RAJU,
2
AGED ABOUT 53 YEARS,
R/AT # 91, 1ST STAGE, 2ND CROSS,
GIRI GOWDA ROAD, TELECOM LAYOUT,
SARASWATHIPURAM,
MYSORE-570 009.
2. MR.MOHAMMED HABEEBULLA,
S/O LATE MR.HAMEEDULLA,
AGED ABOUT 49 YRS
R/AT # 12/121, K P MOHALLA,
KSRTC BUS STAND, KASABA HOBLI,
CHAMARAJANAGAR 571313.
3. MR.C.N.MANJUNATH,
S/O LATE SRI R.NANJUNDASWAMY,
AGED ABOUT 48 YEARS,
C198, DEVANGA STREET, 2ND CROSS,
NEAR ONION GODOWN,
CHAMRAJANAGAR 571313
4. MR.ILYAS AHMED,
S/O LATE M. MOHAMMED DASTAGIR
AGED ABOUT 61 YEARS
# 21/206, DEVIATION ROAD, JAMIYA MASJID,
CHAMARAJANAGAR 571313
5. MR.SHABIYA BEGUM,
W/O MR.NISAR AHMED,
AGED ABOUT 58 YEARS,
# 19/229, DEVIATION ROAD,
JAMIYA MASJID MOHALLA,
CHAMARAJANAGAR 571313.
6. MR.C.S. ASIFULLA SAHBE,
S/O MR M.U.NAZEER AHMED,
AGED ABOUT 56 YEARS ,
R/AT # 22/264, BRAMARAMBHA EXTENSION,
3RD CROSS, CHAMARAJANAGAR 571313.
7. MR. MD. AKBAR PASHA,
S/O MR. ABDUL RASOOL,
AGED ABOUT 64 YEARS,
# 22/778, DEVIATION ROAD,
CHAMARAJANAGAR 571313
8. MR.MASOOD AHMED SHERIFF,
S/O LATE MR.KHALEEL AHMED SHERIFF,
3
AGED ABOUT 51 YRS,
# 815, OPP BEO OFFICE,
NEAR SULTAN SHERIFF CIRCLE, SATHY ROAD,
CHAMARAJANAGAR 571313
9. SRI C.A.MAHADEVA SHETTY,
S/O LATE SRI ANKA SHETTY S.,
AGED ABOUT 51 YEARS,
NO.16/68, BEHIND POST OFFICE
RAILWAY EXTN,
CHAMARAJANAGAR 571313
10. SRI C.P.JAGADEESH,
S/O LATE SRI M.PUTTASWAMY,
AGED ABOUT 40 YEARS,
NO.11/107, 1ST CROSS, DEVANGA ROAD,
CHAMARAJANAGAR TOWN 571313
11. SRI V.RAGHUPATHY,
S/O SRI VARADARAJU
AGED ABOUT 47 YEARS,
NO.C, 196-2, KARINANJAPURA
NEAR SOMAWARAPET,
SATHY MAIN ROAD,
CHAMARAJANAGAR TOWN 571313
12. SRI P.NAGARAJ
S/O LATE SRI C.PILLAPPA,
AGED ABOUT 56 YEARS,
NO.211, 8TH MAIN ROAD,
2ND CROSS, JAYANAGAR, 1ST BLOCK EAST,
BYRASANDRA, BDA LAYOUT,
BANGALORE-560011. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV. FOR LEGAL AXIS, ADVS.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
BANGALORE-560001,
REP BY ITS SECRETARY.
4
2. THE DEPYTY COMMISSIONER,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA 571313.
3. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA 571313,
REP BY ITS COMMISSIONER.
4. THE PRESIDENT,
CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA 571313
5. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA 571313.
6. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGARA DIST.,
CHAMARAJANAGARA 571313
7. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJANAGARA 571313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAY AUTHORITY,
HW 209, # 37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT. ... RESPONDENTS
(By Sri MADHUSUDAN R. NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2, R5 & R6;
Sri A.NAGARAJAPPA, ADV. FOR R3;
R4 & R5- SD, UNREPRESENTED)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO XII STATED IN THE W.P. WHICH ARE SITUATED IN
CHAMARAJANAGAR TOWN, CHAMARAJANAGAR AND ETC.
5
IN W.P.No.46579/2016 & W.P.No.48645/2016:
BETWEEN
1. MR. CHINNARAMA SETTY A.S.,
S/O LATE A.V.SUBBAIAH SETTY,
AGED ABOUT 89 YEARS,
R/AT OLD NO.7/482CC,
NEW NO.1702, GNV COLLEGE ROAD,
KOLLEGALA KRISHNA TALKIES,
KOLLEGALA.
2. MR. N.KIRAN BABU,
S/O D. NAGARAJAN,
AGED ABOUT 47 YEARS,
R/AT NO.7/488 B, SOUTHERN EXTEN.,
KOLLEGALA-571440. ... PETITIONERS
(By Sri RAVICHANDRA P., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPT. OF REVENUE,
M.S.BUILDING,
B.R.AMBEDKAR VEEDHI,
BANGALORE-560 001,
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISIONER,
CHAMARAJANAGAR DISTRICT,
KOLLEGALA.
3. KOLLEGALA TOWN MUNICIPAL COUNCIL,
KOLLEGALA TOWN,
KOLLEGALA-571440.
REP BY ITS COMMISSIONER.
4. THE PRESIDENT,
KOLLEGALA TOWN MUNICIPAL COUNCIL,
KOLLEGALA TOWN,
KOLLEGALA-571440.
5. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPT.,
6
KOLLEGALA TOWN,
KOLLEGALA-571440.
6. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGAR DISTRICT,
KOLLEGALA-571440
7. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
KOLLEGALA
8. THE NATIONAL HIGHWAYS AUTHORITY,
HW-209, NO.37, SRI BAIRAVESWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MAVALLI,
MANDYA DISTRICT. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2 AND R5-R7;
Sri A.NAGARAJAPPA, ADV. FOR R3 (FRESH VK);
Sri C.M.JAGADEESH, ADV. FOR R3;
Sri R.V.NAIK, ADV. FOR R8; R4 - SD)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE - I TO VIII STATED IN W.P. WHICH ARE SITUATED IN
KOLLEGALA TOWN, KOLLEGALA AND ETC.
IN W.P.Nos.47842-844/2016
BETWEEN
1. SRI M.C.BALASUBRAMANYA,
S/O SRI M.A.CHINNAMURTHY,
AGED ABOUT 39 YEARS,
R/AT # 1155, 6TH CROSS, BRAMARAMBHA EXTN,
CHAMARAJANAGAR - 571 313.
2. SRI V.VENKATESH PRASAD,
S/O LATE SRI V.ANAND VITTAL,
AGED ABOUT 41 YEARS,
7
R/AT # 80, MUDA EMPLOYEES LAYOUT,
DATTAGALLI, MYSORE - 570 022.
3. SRI KHIZER ANWAR,
S/O LATE ANWAR BASHA,
AGED ABOUT 53 YEARS,
SHERIFF BUILDING, A.P.MOHALLA,
CHAMARAJANAGAR - 571 313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV. FOR LEGAL AXIS,)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING, DR AMBEDKAR VEEDI,
BANGALORE - 560 001,
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR - 571 313.
3. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR - 571 313.
REP BY ITS COMMISSIONER.
4. THE PRESIDENT,
CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGAR - 571 313.
5. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGARA TOWN,
CHAMARAJNAGARA - 571 313.
6. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGARA DISTRICT,
CHAMARAJNAGARA - 571 313.
7. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJANAGAR - 571 313.
8
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, # 37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT - 573 231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2, R5 & R6;
Sri A.V.GANGADHARAPPA, ADV. FOR R7;
Sri R.V.NAIK, ADV. FOR R8;
Sri A.NAGARAJAPPA, ADV. FOR R3 & R4)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO III STATED IN THE WP WHICH ARE SITUATED IN
CHARMARAJNAGAR TOWN, DEVIATION ROAD, CHAMARAJANAGAR
IN W.P.No.47968/2016 & W.P.Nos.47969-972/2016,
BETWEEN
1. SRI C.VENKATACHALA,
S/O LATE C. CHANNAVERAIAH,
AGED ABOUT 56 YEARS,
OWNER,
PARTHASARATHI TALKIES,
MYSORE BANGALORE ROAD,
KOLLEGAL TOWN,
CHAMARAJANGAR DISTRICT-571440.
2. M.S. RUKMINI KANTHA,
S/O LATE C.K.SEETHA RAMA SETTY,
AGED ABOUT 58 YEARS,
OWNER,
KRISHNA TALKIES,
MYSORE BANGALORE ROAD,
KOLLEGAL TOWN,
CHAMARAJANAGARA DISTRICT-571440.
9
3. M.S.KRISHNAMURTHY,
S/O LATE C.K.SEETHARAM SETTY,
AGED ABOUT 56 YEARS,
DOORNO.7-487B,
MYSORE BANGALORE ROAD,
KOLLEGAL TOWN,
CHAMARAJANAGARA DISTRICT-571440.
4. C.KUMARASWAMY,
S/O CHANNAMALLAPPA,
AGED ABOUT 79 YEARS,
DOOR NO.7-481,
MYSORE BANGALORE ROAD,
KOLLEGAL TOWN,
CHAMARAJANAGARA DISTRICT-571440.
5. P. SHANKAR,
S/O LATE PARMESHWARA,
AGED ABOUT 35 YEARS,
OWNER,
SHOBHA TALKIES,
MYSORE BANGALORE ROAD,
KOLLEGAL TOWN,
CHAMARAJANAGARA DIST. -571440. ... PETITIONERS
(By Sri J.N.NAVEEN, ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
DR B.R.AMBEDKAR VEEDHI,
BANGALORE-560001.
BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR,
CHAMARAJANAGAR DISTRICT-571313.
3. THE TOWN MUNICIPAL COUNCIL,
KOLLEGAL,
CHAMARAJANAGAR DISTRICT-571440.
BY ITS CHIEF OFFICER.
10
4. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
KOLLEGAL,
CHAMARAJANAGAR DISTRICT-571440.
5. THE NATIONAL HIGHWAYS AUTHORITY
HIGHWAY NO 209,
NO 37, SRI BAIRAVESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MAVALLI,
MANDYA DISTRICT-571401,
BY ITS EXECUTIVE ENGINEER. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2 AND R4;
Sri A.NAGARAJAPPA, ADV. FOR R3;
Sri R.V.NAIK, ADV. FOR R5)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDNTS NOT TO DEMOLISH THE BUILDS OF THE
PETITIONERS WITHOUT FOLLOWING DUE PROCESS KNOWN TO
LAW AND RESIST THE RESPONDENTS IN DEMOLISHING THE
PRIVATE BUILDINGS OF THE PETITIONERS MENTIONED IN THE
SCHDULE V TO V TO THE W.P. AND ETC.
IN W.P.No.49525/2016
BETWEEN
SMT. L USHARANI,
D/O LINGAIAH G.,
AGED ABOUT 40 YEARS,
OCC: BUSINESS,
R/O MULLUR VILLAGE,
KOLLEGAL TALUK,
DIST.CHAMARAJANAGAR. ... PETITIONER
(By Sri D.R.RAVISHANKAR, ADV.)
11
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA, BENGALURU.
2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION,
VISWESHWARIAH TOWER,
BENGALURU 1.
3. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR.
4. THE COMMISSIONER,
CITY MUNICIPAL COUNICL,
KOLLEGAL, TQ: CHAMARAJANAGAR.
5. THE PROJECT DIRECTOR,
NATIONAL HIGH WAY AUTHORITY
OF INDIA, PROJECT IMPLEMENTAION UNIT -
BENGALURU,
SY NO.13, 14TH KM, NAGASANDRA,
BENGALURU-TUMKUR ROAD (NH-4)
BENGALURU 560073
6. THE EXECUTIVE ENGINEER,
NATIONAL HIGH WAY AUTHORITY OF INDIA,
MALAVALLI SUB DIVISION,
MALAVALLI, DIST MANDYA.
7. THE ASSISTANT EXECUTIVE ENGINEER,
NATIONAL HIGH WAY AUTHORITY OF INDIA,
MALAVALLI SUB DIVISION
MALAVALLI, DIST. MANDYA. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2 & R3;
Sri A.NAGARAJAPPA, ADV. FOR R4;
R5 - SD, UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTSK TO CONSIDER THE REPRESENTATION DATED
10.08.2016 AT ANNEX-D AND ALSO THE REPRESENTATION DATED
12.08.2016 AT ANNEX-E AND ETC.
12
IN W.P.Nos.49580-584/2016,
BETWEEN
1. SRI O.V. DIWAKAR,
S/O O.V.VENUGOPAL,
AGED ABOTU 45 YEARS
RESIDING AT NO 7/10-BB
SOUTH EXTENSION
KOLLEGAL TOWN,
CHAMRAJANAGAR DISTRICT - 571440
2. P.JAGADISH KUMAR,
S/O LATE H.S.PASHUPATHY,
AGED ABOUT 68 YEARS
R/AT NO 7-479D, 5TH CROSS,
SOUTH EXTENSION
KOLLEGAL TOWN
CHAMRAJANAGARA DISTRICT - 571440
3. N.KIRAN BABU,
S/O D.N.NAGARAJAN
AGED ABOUT 55 YEARS,
R/AT NO 7-488B
SOUTH EXTENSION, KOLLEGAL TOWN,
CHAMRAJANAGARA DISTRICT - 571440
4. A.C.SRINATH,
S/O LATE A.S.CHINNRAMA SHETTY,
AGED ABOUT 55 YEARS
RESIDING AT NO 1702
GNV COLLEGE ROAD, KOLLEGAL TOWN
CHAMRAJANAGARA DISTRICT - 571440
5. SMT.SUNITHA T.GOWDA,
W/O ASHOK SHANKAR,
AGED ABOUT 44 YEARS,
R/AT NO 140, 10TH MAIN,
5TH C CROSS, SADASHIVANAGARA,
BANGALORE - 560080. ... PETITIONERS
(By Sri NAVEEN J.N., ADV.)
13
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M S BUILDING,
DR B R AMBEDKAR VEEDHI
BANGALORE - 560001
BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER,
CHAMRAJANAGAR,
CHAMRAJANAGAR DISTRICT - 571313
3. THE CITY MUNICIPAL COUNCIL,
KOLLEGAL,
CHAMRAJANAGAR DISTRICT - 571440
BY ITS COMMISSIONER.
4. THE PUBLIC WORKS DEPARTMENT,
KOLLEGAL,
CHAMRAJANAGAR DISTRICT - 571440
BY ITS EXECUTIVE ENGINEER.
5. THE NATIONAL HIGHWAYS AUTHORITY,
HIGHWAY NO 209,
NO 37, SRI BAIRAVESHWARA COMPLEX
APPAJI NURSING HOME ROAD,
MAVALLI MANDYA DISTRICT - 571401
BY ITS EXECUTIVE ENGINEER. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2 AND R4;
Sri A.NAGARAJAPPA, ADV. FOR R3;
Sri R.V.NAIK, ADV. FOR R5)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS NOT TO DEMOLISH THE BUILDINGS OF THE
PETITIONERS WITHOUT FOLLOWING DUE PROCESS KNOWN TO
LAW AND RESIST THE RESPONDENTS IN DEMOLISHING THE
PRIVATE BUILDINGS OF THE PETITIONERS MENTIONED IN THE
SCHEDULE I TO V TO THE W.P. AND ETC.
14
IN W.P.Nos.50926-929/2016,
BETWEEN
1. MR. AJMAL PASHA,
S/O LATE MR.MOHAMMED ISMAIL,
AGED ABOUT 52 YEARS,
2. MR.AZMATH PASHA,
S/O LATE MR MOHAMMED ISMAIL,
AGED ABOUT 51 YEARS,
BOTH R/AT NO.12/123, KSRTC ROAD,
K.P MOHALLA, CHAMARAJANAGAR-571313.
3. MRS.SABIRA BEGUM,
W/O LATE MOHAMMED ATHAULLA,
AGED ABOUT 75 YEARS,
R/AT NO.13/155, K.P MOHALLA, 2ND CROSS,
CHAMARAJANAGAR-571313
4. MR.SRINIVASAN,
S/O MR. ARUN CHETTIAR,
AGED ABOUT 55 YEARS,
R/AT NO.14/360, BTS BUILDING,
DEVIATION ROAD,
CHAMARAJANAGAR-571313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV. FOR LEGAL AXIS)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
DR AMBEDKAR VEEDI,
BANGALORE-560001
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-571313.
3. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
15
CHAMARAJANAGARA-571313
REP BY ITS COMMISSIONER.
4. THE PRESIDENT,
CHAMARAJANAGARA TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
5. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313
6. THE SUPERINTENDENT OF POLICE,
CHAMARAJNAGARA DIST,
CHAMARAJANAGARA-571313.
7. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJANAGARA-571313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, #37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT-573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2, R5 AND R6;
Sri A.NAGARAJAPPA, ADV. FOR R3 & R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R7;
Sri R.V.NAIK, ADV. FOR R8)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO IV STATED IN W,.P. WHICH ARE SITUATED IN
CHAMARAJANAGAR TOWN, CHAMARAJANAGAR AND ETC.
16
IN W.P.Nos.51332-335/2016,
BETWEEN
1. MR.R.RANGARAJU,
S/O LATE SRI D.V.RANGAIAH,
AGED ABOUT 62 YEARS,
R/AT # 1-441A, A.J.COLONY,
KOLLEGAL - 571440,
CHAMRAJANAGAR DISTRICT.
2. MR.B.CHAMRAJU,
S/O LATE SRI BASAVAIAH,
AGED ABOUT 59 YEARS,
R/AT # 1202/03-09-15
BANGALORE ROAD,
KOLLEGAL - 571440
CHAMRAJANAGAR DISTRICT
3. MR. BABU,
S/O SRI L.BALLAIAH,
AGED ABOUT 60 YEARS,
R/AT # K 3RD MAIN ROAD,
LAKSHMINARAYANAPURA,
BANGALORE - 560021.
4. MR. BASHEER AHMED,
S/O LATE MR.MADAR SAHEB,
AGED ABOUT 60 YEARS,
# 7/642, IDGA MOHALLA,
KOLLEGAL TOWN,
CHAMRAJANAGAR DISTRICT,
KOLLEGAL - 571440. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M S BUILDING,
DR AMBEDKAR VEEDHI
BANGALORE - 56001
REP BY ITS SECRETARY.
17
2. THE DEPUTY COMMISSIONER,
CHAMRAJANAGAR DISTRICT,
CHAMRAJANAGARA - 571313.
3. THE TOWN MUNICIPAL COUNCIL,
KOLLEGAL,
CHAMRAJANAGAR DISTRICT,
CHAMRAJANAGARA - 571440.
4. THE PRESIDENT,
KOLLEGAL TOWN MUNICIPAL COUNCIL,
CHOWDESHWARI KALYANAMANTAPA ROAD,
KOLLEGAL - 571440
5. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
KOLLEGAL TOWN,
CHAMRAJANAGARA DISTRICT - 571440
6. THE SUPERINTENDENT OF POLICE,
CHAMRAJANAGAR DISTRICT,
CHAMRAJANAGARA - 571313.
7. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMRAJANAGARA - 571313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS AUTHORITY,
HW 209, # 37,
SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT - 573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2, R5 AND R6;
Sri A.NAGARAJAPPA, ADV. FOR R3 & R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R7;
Sri R.V.NAIK, ADV. FOR R8)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
18
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO IV STATED IN W.P. WHICH ARE SITUATED IN
KOLLEGAL TOWN, KOLLEGAL, CHAMARAJANAGAR DISTRICT
571440 AND ETC.
IN W.P.No.53197/2016,
BETWEEN
SRI N.S.NAGARAJU,
S/O LATE A.N.SUBRAMANYA SETTY,
AGED 66 YEARS,
R/O NO.9/41, SMALL BAZAAR STREET,
KOLLEGAL,
CHAMARAJANAGAR DIST. -571440. ... PETITIONER
(By Sri ANANTHA NARAYANA B.N., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
BY ITS SECRETARY,
M.S.BUILDING,
DR.B.R.AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR,
CHAMARAJANAGAR DISTRICT-571313.
3. THE MUNICIPAL COMMISSIONER,
CITY MUNICIPAL COUNCIL,
KOLLEGAL,
CHAMARAJANAGAR DISTRICT-571440.
4. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
KOLLEGAL,
CHAMARAJANAGAR DISTRICT-571440.
19
5. THE ASSISTANT EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS AUTHORITY,
NATIONAL HIGHWAY SUB-DIVISION,
HIGHWAY NO.209, NO.37,
SRI.BAIRAVESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MAVALLI,
MANDYA DISTRICT-571401. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2 AND R4;
Sri A.NAGARAJAPPA, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE
RESPONDENTS FROM TAKING PROCEEDINGS FROM ACQUIRING
PORTION OF THE PROPERTY DESCRIBED IN THE SCHEDULE TO
THE W.P. WITHOUT DUE PROCESS OF LAW FOR ACQUISITION AND
ETC.
IN W.P.Nos.55336-343/2016,
BETWEEN
1. MR. SHIVAKUMAR,
S/O MR.R.K.RAJU,
AGED ABOUT 47 YEARS,
R/AT 'ANITHA NILAYA'
NEAR SIDDHARTHA THEATRE,
SATHYAMANGALAM ROAD,
CHAMARAJANAGAR 571313
2. SMT. NANJAMMA,
W/O SRI SIDDA SHETTY,
AGED ABOUT 53 YEARS,
R/AT D 155/A, 145/A, UPPAHARA STREET,
RAILWAY EXTN,
CHAMARAJANAGAR 571313.
3. SMT.JAYAMMA,
W/O LATE MAHADEVA SHETTY,
20
AGED ABOUT 55 YEARS,
R/AT NO.16/291, UPPARA STREET,
CHAMARAJANAGAR 571313.
4. SRI C.P.ANANTHARAJAIAH,
S/O LATE SRI C.P.PADMARAJAIAH,
AGED ABOUT 85 YEARS,
R/AT NO.B22/155, 2ND CROSS,
BRAMARAMBHA EXTN,
UDAYSHANKAR HOSPITAL
CHAMARAJANAGAR 571313.
5. MR. SIBGATHULLA,
S/O MR ABDUL NOOR SAB,
AGED ABOUT 50 YEARS,
R/AT 1ST CROSS, K P MOHALLA,
CHAMARAJANAGAR 571313
6. SMT.RAJALAKSHMI,
W/O SRI SHREERANGAN,
AGED ABOUT 70 YEARS,
R/AT NO.11/86/4, VANIYAR STREET,
CHAMARAJANAGAR-571 313
7. SRI C.P.ARMUGAM SHETTY,
S/O LATE SRI PALANIAPPA SHETTY,
AGED ABOUT 82 YEARS,
R/AT NO.365/14, DEVIATION ROAD,
CHAMARAJANAGAR-571 313.
8. MR.ABRAR SULTAN,
S/O MR.ZAHOOR AHMED SHARIEFF,
AGED ABOUT 56 YEARS,
NO.9/113, SHARIEFF MANZIL,
A.P.MOHALLA,
CHAMARAJANAGAR-571 313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV. FOR LEGAL AXIS)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
DR.AMBEDKAR VEEDI,
21
BANGALORE-560 001
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGARA-571 313.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJNAGARA TOWN,
CHAMARAJNAGARA-571 313.
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJNAGARA DIST.,
CHAMARAJNAGARA-571 313.
5. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJNAGARA-571 313
6. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA -571 313,
REP BY ITS COMMISSIONER.
7. THE PRESIDENT,
CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJNAGARA TOWN,
CHAMARAJANAGARA-571 313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, #37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD, MALAVALLI,
MANDYA DISTRICT-573 231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R5;
Sri A.NAGARAJAPPA, ADV. FOR R6)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
22
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO VIII STATED IN THE W.P. WHICH ARE SITUATED
IN CHAMRAJNAGAR TOWN DEVIATION ROAD, CHAMRAJNAGAR.
IN W.P.Nos.55685-688/2016
BETWEEN
1. SRI PRABHURAM,
S/O SRI PEMARAMJI,
AGED ABOUT 48 YEARS
R/AT # 59,DEVIATION ROAD,
CHAMARAJANAGAR-571 313
2. SRI P.NARAYANALAL,
S/O SRI PEMARAMJI,
AGED ABOUT 42 YEARS
R/AT #59,DEVIATION ROAD,
CHAMARAJANAGAR-571 313
3. SRI OMPRAKASH,
S/O SRI PEMARAMJI,
AGED ABOUT 30 YEARS,
R/AT #26, DEVIATION ROAD,
CHAMARAJANAGAR-571 313
4. SRI KISHANLAL
S/O SRI BIRDARAM,
AGED ABOUT 45 YEARS
R/AT # 23/253,RAM MANDIR ROAD,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGAR-571 313
5. SRI C.SATISH,
S/O LATE SRI P.CHIKKAMADISETTY,
AGED ABOUT 39 YEARS
R/AT # B, 2ND FLOOR,
MALGUDI APTS,
OPP NADHABRAMHA SANGEETHA SABHA,
MYSORE-570 004.
6. SMT.NUSRATH AZAM,
W/O SRI SYED ABDUL KAHDER,
AGED ABOUT 65 YEARS
R/AT # 91, 5TH MAIN ROAD,
23
DOMLUR 2ND STAGE,
BANGALORE-560 071. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV. FOR LEGAL AXIS)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M S BUILDING
DR AMBEDKAR VEEDI,
BANGALORE-560 001,
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGARA-571 313
3. THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGARA-571 313
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGAR DIST,
CHAMARAJANAGARA-571 313.
5. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJANAGARA-571 313
6. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571 313,
REP BY ITS COMMISSIONER.
7. THE PRESIDENT,
CHAMARAJANAGARA TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571 313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209,# 37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
24
MALAVALLI,
MANDYA DISTRICT-573 231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R5;
Sri A.NAGARAJAPPA, ADV. FOR R6)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO VI STATED IN THE W.P. WHICH ARE SITUATED IN
CHAMRAJANAGAR TOWN, CHAMARAJNAGAR
IN W.P.Nos.55979-982/2016,
BETWEEN
1. SMT. MAHADEVAMMA,
D/O SRI. MARAIAH,
AGED ABOUT 52 YEARS,
R/AT NO.1-563, S C STREET,
HOSA ANGALLY, KOLLEGAL TOWN,
KOLLEGAL-571440.
2. SMT. MANJULA,
W/O SRI. M.DASARATH,
AGED ABOUT 37 YEARS,
R/AT HALEHANAGALLI, KOLLEGAL POST,
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT-571440.
3. SRI. MARISIDDAIAH,
S/O LATE SRI. SIDDE SIDDAIAH,
AGED ABOUT 54 YEARS,
R/AT HOSA ANNAGALLY,
KOLLEGAL-571440. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV. FOR LEGAL AXIS)
25
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
DR. AMBEDKAR VEEDI,
BANGALORE-560001
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-571313.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJNAGARA TOWN,
CHAMARAJANAGARA-571313.
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJNAGARA DISTRICT,
CHAMARAJANAGARA-571313.
5. THE TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-571313.
6. THE PRESIDENT,
KOLLEGAL TOWN MUNICIPAL CORPORATION,
CHOWDESHWARI KALYANAMANTAPPA ROAD,
KOLLEGAL-571440.
7. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORIT,
CHAMARAJNAGARA-571313.
8. SPECIAL LAND ACUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, NO.37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD, MALAVALLI,
MANDYA DISTRICT-573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R4;
Sri A.NAGARAJAPPA, ADV. FOR R5 & R6)
26
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO III STATED IN THE WRIT PETITION WHICH ARE
SITUATED IN KOLLEGAL TOWN, KOLLEGAL CHAMARAJANAGAR
DISTRICT-571440 AND ETC.
IN W.P.Nos.55983-985/2016,
BETWEEN
1. SRI MIRAJULHAQ,
S/O SRI. SHAMSHULLAHA,
AGED ABOUT 45 YEARS,
R/AT S.H.COMPLEX,
SATHYAMANGALA ROAD,
CHAMARAJANAGAR-571313
2. SRI. SIRAJULLAHA,
S/O SRI. SHAMSHULLAHA,
AGED ABOUT 48 YEARS,
R/AT S.H.COMPLEX,
SATHYAMANGALA ROAD,
CHAMARAJANAGAR-571313
3. SRI.MOHAMMED KHALEEFULLA,
S/O SRI. C.H.MOHAMMED RAHAMATHULLA
AGED ABOUT 35 YEARS,
338/5, AHAMMEDNAGARA MOHALLA,
GALIPURA, EXTENSION,
CHAMARAJANAGAR-571313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
27
DR. AMBEDKAR VEEDI,
BANGALORE-560001
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-571313.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJNAGARA TOWN,
CHAMARAJANAGARA-571313.
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJNAGARA DISTRICT,
CHAMARAJANAGARA-571313.
5. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJNAGARA-571313.
6. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313,
REP BY ITS COMMISSIONER.
7. THE PRESIDENT,
CHAMARAJANAGARA TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
8. SPECIAL LAND ACUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, NO.37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT-573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R5;
Sri A.NAGARAJAPPA, ADV. FOR R6)
28
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO III STATED IN W.P. WHICH ARE SITUATED IN
CHAMRAJANAGAR TOWN, CHAMRAJANAGAR, AND ETC.
IN W.P.Nos.56581-591/2016,
BETWEEN
1. SRI VEERABHADRA SWAMY,
S/O SRI LATE G VEERABHADRAIAH,
AGED ABOUT 47 YEARS,
R/AT #11/185, DEVANGA 1ST STREET,
CHAMARAJANAGAR-571313.
2. SRI SYED ARIF PASHA,
S/O LATE SRI ABDUL RASHEED KHAN,
AGED ABOUT 70 YEARS,
R/AT # 12/104, KSRTC BUS STAND MAIN ROAD,
NEAR MADEEN MASJID,
CHAMARAJANAGAR-571313
3. SRI AFSAR AHMED,
S/O SRI ABDUL RAZACK,
AGED ABOUT 35 YEARS,
#12/221, K.P.MOHALLA,
CHAMARAJANAGAR-571313
4. SRI SYED GAFOOR,
S/O LATE SRI SYED AFEEZ,
AGED ABOUT 57 YEARS,
#13/238. 3RD CROSS, K.P MOHALLA,
KASABA HOBLI, CHAMARAJANAGAR-571313
5. SRI MOHAMMED FAROOQ,
S/O SRI MOHAMMED MANSOOR,
AGED ABOUT 47 YEARS,
R/AT #12/68, NEAR MADEENA MASJID,
K.P MOHALLA, CHAMARAJANAGAR-571313
6. SMT. NARASAMMA,
W/O LATE SRI B P MAHADEV,
AGED ABOUT 76 YEARS,
29
R/AT # KACHERI STREET,
YELANDUR,
CHAMARAJANAGAR DISTRICT-571441
7. SMT. FIRDOUS KHANAM,
W/O LATE MAHABOOB SHARIFF,
AGED ABOUT 58 YEARS,
R/AT NO.9/145,
MUBARAK MOHALLA,
CHAMARAJANAGAR-571313.
8. SRI R.V.KUMARASWAMY,
S/O LATE R.S. VENKATA SUBBA SHETTY,
AGED ABOUT 69 YEARS,
R/AT NO.12-153, AGRAHARA STREET,
CHAMARAJANAGAR-571313.
9. MR. KHALLID AHMED,
S/O MR T K MUSHTAQ AHMED,
S/O MR T.K.MUSHRTZQ AHMED,
AGED ABOUT 44 YEARS,
R/AT NO. 12/125, K.P MOHALLA,
OPP BHARAT GAS OFFICE, KASABA HOBLI,
CHAMARAJANAGAR-571313.
10. SYED INAYATHULLA,
S/O LATE SYED RASOOL SAB,
AGED ABOUT 50 YEARS,
R/AT NO 12/51, K.P MOHALLA,
2ND CROSS, NEAR KSRTC BUS STAND,
CHAMARAJANAGAR-571313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV.)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S.BUILDING, DR AMBEDKAR VEEDHI,
BANGALORE-560001
REP BY ITS SECRETARY,
BENGALURU CITY
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR-571313
30
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGARA DIST,
CHAMARAJANAGARA-571313
5. THE COMMISSIONER,
URBAN DEVELOPMETN AUTHORITY,
CHAMARAJANAGARA-571313
6. CHAMARAAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313
REP BY ITS COMMISSIONER
7. THE PRESIDENT,
CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 2O9, # 37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD, MALAVALLI,
MANDYA DISTRICT-573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R5;
Sri A.NAGARAJAPPA, ADV. FOR R6)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE 1 TO X STATED IN THE W.P. WHICH ARE SITUATED IN
CHAMRAJNAGAR TOWN, CHAMRAJANAGAR
31
IN W.P.Nos.57087-091/2016 & W.P.No.57092/2016,
BETWEEN
1. SRI SIMON D SILVA
S/O SRI.AMBROSE D SILVA,
AGED ABOUT 62 YEARS,
#22/295, DEVIATION ROAD,
CHAMARAJANAGAR-571313.
2. SRI S. DEVARAJ,
S/O.LATE SRI.SALA SHETTY JAR,
AGED ABOUT 57 YEARS,
#14/364, DEVIATION ROAD,
TSD VOLCANIZING WORKS,
CHAMARAJANAGAR-571313.
3. SRI MALLESH NAIKA,
S/O LATE SRI.MAHADEVANAIKA,
AGED ABOUT 45 YEARS,
#7/19, NAYAKA STREET,
CHAMARAJANAGAR-571313.
4. SMT. MAHADEVAMMA,
W/O LATE SRI.NAGARAJU,
AGED ABOUT 58 YEARS,
R/AT # 13/262, AMBEDKAR LAYOUT,
MANTESWAMY TEMPLE,
CHAMARAJANAGAR-571313.
5. SRI AJMAL AHMED SHARIFF,
S/O LATE SRI.NAZEER AHMED SHERIFF,
AGED ABOUT 68 YEARS,
#15/319, COURT ROAD,
CHAMARAJNAGAR-571313.
6. SMT. VASUKI,
W/O SRI.M.RAMASWAMY,
AGED ABOUT 36 YEARS,
R/AT # BOMMANAHALLI,
CHAMARAJANAGAR TQ.,
CHAMARAJANAGAR-571313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV.)
32
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S. BUILDING,
DR AMBEDKAR VEEDI,
BANGALORE-560001,
REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-571313.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-57313.
5. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJANAGARA-571313.
6. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313,
REP. BY ITS COMMISSIONER.
7. THE PRESIDENT,
CHAMARAJANAGARA TOWN MUNICIPAL COUNCIL,
CHAMRAJANAGARA TOWN,
CHAMARAJANAGAR-571313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, #37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT-573231. ... RESPONDENTS
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
33
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO VI STATED IN THE W.P. WHICH ARE SITUATED IN
CHAMRAJANAGAR TOWN, CHAMRAJNAGARA AND.
IN W.P.57331/2016 & W.P.Nos.57332-336/2016,
BETWEEN
1. SRI CHAMRAJA NAGARA RAMAN SRINIVASAN,
S/O LATE C.V. RAMAN,
AGED ABOUT 69 YRS,
# DEVIATION ROAD/SOUTH,
RAMAVILAS BOUNDARY ROAD,
NEAR MAHESH GAS OFFICE,
CHAMARAJANAGAR-571 313.
2. SRI. N. GOPAL,
S/O LATE SRI. NARAYAN,
AGED ABOUT 79 YEARS,
R/AT NO.26/449, ANUPAMA NILAYA,
B.R. HILLS ROAD,
CHAMARAJANAGAR-571 313.
3. MR. MOHAMMED SAMIULLA,
S/O LATE MR. MOHAMMED HAMEEDULLA,
AGED ABOUT 40 YRS,
#12/121, 3RD CROS, K.P. MOHALLA,
CHAMARAJANAGAR-571313.
4. SRI. K.B. MANJUNATHA PRASAD,
S/O SRI. K.B. BASAVARAJA SWAMY,
AGED ABOUT 50 YEARS,
R/AT NO.15/2, LUPSTAIRS,
SHIVAPRAKASH NILAYA,
KEB EAST, FIRST CROSS, SOMANNA LAYOUT,
NEAR DOUBLE ROAD,
CHAMARAJANAGAR-571313. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M S BUILDING,
34
DR. AMBEDKAR VEEDI,
BANGALORE 560 001
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGARA DISTRICT,
CHAMARAJANAGARA-571313.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
4. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGARA DIST,
CHAMARAJANAGARA-571 313.
5. THE COMMISSIONER,
URBAN DEVELOPMENT AUTHORITY,
CHAMARAJANAGARA-571 313.
6. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571 313.
7. THE PRESIDENT,
CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571 313.
8. SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209, #37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD, MALAVALLI
MANDYA DISTRICT-573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R4;
Sri A.V.GANGADHARAPPA, ADV. FOR R5;
Sri A.NAGARAJAPPA, ADV. FOR R6)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
35
SCHEDULE I TO IV STATED IN THE W.P. WHICH ARE SITUATED IN
CHAMRAJANAGAR TOWN, CHAMRAJNAGARA.
IN W.P.Nos.58003-58004/2016 & W.P.No.58044/2016
BETWEEN
1. SRI K.S.AZIK AHMED,
S/O LATE SRI U.ABDUL SADIQ,
#1-2, SAMANGIRI MOHALLA,
KOLLEGAL TOWN,
CHAMARAJANAGAR DISTRICT-571 440.
2. SRI MOHAMMED HAFEEZULLA,
S/O LATE MR.MOHAMMED HAMEEDULLA,
AGED ABOUT 32 YEARS,
#12/121, K.S.R.T.C. ROAD
K.P.MOHALLA,
CHAMRAJNAGAR-57133. ... PETITIONERS
(By Sri RAGHUNATH M.D., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE M.S.BUILDING,
DR.AMBEDKAR VEEDI
BANGALORE-560 001
REP BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGARA-571 313.
3. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
CHAMARAJANAGAR TOWN,
CHAMARAJANAGAR -571313.
4. THE TAHSILDAR,
CHAMARAJANAGARA DISTRICT.
CHAMARAJANAGARA -571313.
36
5. THE TAHSILDAR,
KOLLEGAL TOWN,
CHAMARAJANAGARA-571313
6. THE SUPERINTENDENT OF POLICE,
CHAMARAJANAGARA DIST.,
CHAMARAJANAGARA-571313.
7. THE COMMISSIONER,
URBAN DEVELOPEMNT AUTHORITY,
CHAMARAJANAGARA-571313.
8. CHAMARAJANAGAR TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
REP BY ITS COMMISSIONER.
9. THE PRESIDENT,
CHAMARAJANAGARA TOWN MUNICIPAL COUNCIL,
CHAMARAJANAGARA TOWN,
CHAMARAJANAGARA-571313.
10. SPECIAL LAND ACQUISITON OFFICER,
NATIONAL HIGH WAYS AUTHORITY,
HW 209 #37, SRI BAIVERESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MALAVALLI,
MANDYA DISTRICT-573231. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1 - R6;
Sri A.NAGARAJAPPA, ADV. FOR R8)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE
CONSTRUCTIONS SITUATED IN PROPERTIES DESCRIBED IN
SCHEDULE I TO II STATED IN THE W.P. WHICH ARE SITUATED IN
KOLLEGAL TOWN AND CHAMRAJANAGAR TOWN, DEVIATION
ROAD, CHAMRAJNAGARA, AND ETC.
37
IN W.P.Nos.49346-348/2016 (LA-RES)
BETWEEN
1. N.S.VISWANATHA SETTY,
AGED 63 YEARS,
S/O LATE A.N.SUBRAMANYA SETTY,
R/AT NO.9/41, SMALL BAZAAR STREET,
KOLLEGAL-571 440
2. S.SESHAMURTHY,
AGED 68 YEARS,
S/O LATE A.N.SUBRAMANYA SETTY,
KRISHNA JEWELLERS,
MAIN ROAD, KOLLEGAL-571 440
3. N.S.RAJAKUMAR,
AGED 60 YEARS,
S/O LATE A.N.SUBRAMANYA SETTY,
RAJKUMAR HARDWARE STORES,
MAIN ROAD,
KOLLEGAL-571 440. ... PETITIONERS
(By Sri ANANTHA NARAYANA B.N., ADV.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
BY ITS SECRETARY,
M.S.BUILDING,
DR.B.R.AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR,
CHAMARAJANAGAR DISTRICT-571 313.
3. THE MUNICIPAL COMISSIONER,
CITY MUNICIPAL COUNCIL,
KOLLEGAL,
CHAMARAJANAGAR DISTRICT-571 440.
38
4. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
KOLLEGAL,
CHAMARAJANAGAR DISTRICT-571 440
5. THE ASSISTANT EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS AUTHORITY,
NATIOANL HIGHWAY SUB-DIVISION,
HIGHWAY NO.209, NO.37,
SRI BAIRAVESHWARA COMPLEX,
APPAJI NURSING HOME ROAD,
MAVALLI, MANDYA DISTRICT-571 401
BY ITS EXECUTIVE ENGINEER.
6. THE ASST. EXECUTIVE ENGINEER,
CHAMUNDI ELECTRICITY COMPANY
(CHESCOM)
KRISHNA THEATRE ROAD,
KOLLEGAL-571 440. ... RESPONDENTS
(By Sri MADHUSUDAN R.NAIK, ADVOCATE GENERAL A/W
Sri T.S.MAHANTESH, AGA FOR R1, R2 & R4;
Sri A.NAGARAJAPPA, ADV. FOR R3)
THESE WRIT PETITIONS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO RESTRAIN THE
RESPONDENTS FROM TAKING PROCEEDINGS FOR ACQUISITION
OF THE PROPERTIES OF THE PETITIONERS AND FROM
DEMOLISHING PORTIONS OF THEIR BUILDING AND FROM
DISCONNECTING POWER SUPPLY TO THE PROPERTIES
DESCRIBED IN THE SCHEDULE TO THE WP WITHOUT DUE
PROCESS OF LAW FOR ACQUISITION BY ISSUE OF A WRIT
MANDAMUS AND ANY OTHER APPROPRIATE WRIT AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
39
ORDER
1. In these writ petitions, petitioners are seeking a writ of mandamus against respondents not to illegally demolish the constructions put up in the properties described in the petition schedule situated at Chamarajnagar, Kollegal and Yellandur.
2. Petitioners claim to be the absolute owners of the properties morefully described in the schedule to the writ petitions. They traced their title to different title deeds and documents, some of which have been produced as Annexures to the memorandum of writ petitions. According to them, they have obtained permission from the competent authority and put up construction in the schedule property and have been in peaceful possession and enjoyment of the same.
3. It is alleged by the petitioners that without there being any acquisition proceedings initiated and without following any due process of law, the Deputy Commissioner, Chamarajnagar District, Chamarajanagar along with other official respondents have initiated steps to dispossess them and there is imminent threat of the premises constructed by them being demolished for the alleged purpose of widening National Highway No.209. 40
4. Learned counsel for petitioners vehemently contend that petitioners have not encroached any portion of the road margin while putting up construction. It is submitted by them that if the authorities are permitted to unilaterally take a decision with regard to alleged encroachment and demolish the construction put up by the petitioners or dispossess them from their lands, it would deprive them of their life and livelihood thereby affecting their fundamental right.
5. In response to the contentions urged by learned counsel for petitioners and to the petition averments, learned Advocate General, who appears for the State, has filed a memo dated 29.11.2016 stating inter alia that the District Administration has taken a decision in consultation with several stakeholders including many affected persons that wherever the landowners, whose lands are situated abutting the National Highway No.209 are found to have encroached the road portion, they would either remove their encroachment on their own and in case any portion of their land were to be acquired, they would be paid compensation in accordance with law. He also points out that question whether the landowners including the petitioners herein have encroached any portion of the road would be 41 inquired into by looking into the records of the properties of the affected persons and the Deputy Commissioner would decide the same by affording opportunity. Learned Advocate General further points out that as the matter regarding widening of the road is of urgent public necessity, the authorities have initiated action in public interest and there is no intention to deprive any citizens of their rights.
6. Learned counsel appearing for National Highway Authority of India submits that National Highway Authority has not initiated any action in the matter and therefore, it is not a necessary party to the proceedings.
7. Upon hearing the learned counsel for all parties, I find from the materials on record that petitioners claim to be absolute owners in actual possession and enjoyment of the respective lands. They are tracing their title to certain documents. While it is important that formation or widening of road has to be attended to on priority, as it is a matter of public interest, it cannot be forgotten that rights of citizens cannot be jeopardized in the said process. The claims of the petitioners, who assert their rights as owners of the land, cannot be denied by taking decisions unilaterally by the respondent - authorities 42 regarding the alleged encroachment by petitioners. Petitioners have to be given fair and reasonable opportunity to file their objections enclosing necessary documents of title. Whereupon, competent authorities have to consider the same affording personal hearing to them and thereafter, pass an order with regard to the alleged encroachment, if any, by any of the petitioners.
8. In case petitioners are found to be absolute owners of the properties, their possession cannot be disturbed except by adopting due process of law and by acquiring the properties in accordance with law and by paying compensation that too by specifying the extent of land that will be required for widening the road. If the petitioners are found to be encroachers of public property or public road, then after passing necessary orders in this regard demarcating the actual extent of the encroached portion, petitioners shall be given 30 days time to comply with the direction to remove the encroachment. In case, they fail to do so, the authorities will be free to remove the encroachment on their own.
9. In the light of the above, these writ petitions are disposed of with the following directions:
43
i) Petitioners shall file statement of objections along with necessary documents before the Deputy Commissioner, Chamarajnagar, within two weeks from the date of receipt of a copy of this order;
ii) The Deputy Commissioner shall consider the objections and hear them by providing personal hearing to the petitioners and thereafter, pass a considered order;
iii) If any of the petitioners are found to be encroachers of public road or public property, they shall be given 30 days time to remove the encroached portion by specifying the same, on their own. If any of the encroachers fail to comply with the direction within 30 days, the Deputy Commissioner and other concerned authorities would be free to remove the encroachment in accordance with law.
iv) If the properties are found to be absolutely belonging to petitioners and not an encroachment, then the State and the authorities shall proceed in accordance with law to acquire the land by specifying the extent of area required for widening the road and by paying compensation to the petitioners as per law.
Sd/-
JUDGE PKS