Karnataka High Court
T Rama Rao vs The State Of Karnataka on 17 October, 2012
Author: Subhash B.Adi
Bench: Subhash B.Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B.ADI
W.P NOS.12527-96 OF 2012
c/w
W.P.NOS.35010-69 OF 2011, W.P.NOS.40783-79 OF
2011, W.P.NOS.44440-44445 OF 2011
&
W.P.NO.44446 OF 2011(S-R)
W.P NOS.12527-96/2012
BETWEEN
1. T.RAMA RAO
S/O RANGA RAO
A/A 63 YRS,
NO.156/2B, 1ST CROSS
MUNISWARA EXTN
HULIMAVU, B.G.RD
BANGALORE - 560 076
2. YASHODAMMA
W/O M.ANAND
A/A 65 YEARS
RAMACNADRAPPA BLDG.
8TH CROSS, CENTRAL JAIL RD
HOSUR ROAD
ELECTRONIC CITY POST
BANGALROE - 100
3. DR.BALASUBRAMANYAM
S/O NARAYANA RAO
A/A 62 YRS, NO.36
2
34TH MN. BTM SECOND STAGE
BANGALORE - 68.
4. SYED SAMIULLA
S/O SYED AMEEN
A/A 61 YRS, #4122, NEAR MOSQUE
YATHAGEDA HALLI RD, VV LAYOUT
GUTTAL, MANDYA
5. K.V.PARIMALA
S/O VASUDEV CHAR
A/A 67 YRS, #354, 5TH MAIN
BSK 1ST STAGE, SRINAGAR
BANGALORE - 50
6. N.J.KEMPEGOWDA
S/O JAVARE GOWDA
A/A 65 YRS., #14/1
IST CR.MINIKRISHAPPA
L/O KORAMANGALA RD
AUDUGODI, BANGALORE - 30
7. DR.P.S.CHANDRASHEKARAPPA
S/O SHIVALINGAPPA P.M.
A/A 68 YRS
#606, 10TH B CR.4TH MAIN,
MAHALAXMIPURAM
BANGALORE - 86
8. HALE GOWDA
S/O BUDI GOWDA
A/A 61 YRS, #108, BHADRASANKEERNA
9TH BLOCK, KSRP QRTS.
KORAMANGALA
BANGALORE
9. VEERA GOWDA
S/O LAXMAIAH
A/A 7 YRS., ADIGANAHALLI
KONANKUNTE POST
3
BANGALORE NORTH TALUK
10.V.NARASIMHAIAH
S/O VENKATAPPA
A/A 60 YRS, NO.845, 14TH CR.,
CHANDRA L/O, IST STAGE
IST PHASE, BANGALORE - 560 072
11.BOJAPPA
C.C S/O KARIYAPPA
A/A 61 YRS., NO.400
KRISHNA KRUPA, 13TH CROSS
LAKKASANDRA EXTENSION
BANGALORE - 30
12.MD.KALLANDAR
S/O SABJANSAB
A/A 64 YRS., NO.153, 8TH CROSS
DAIRY CIRCLE, S.R.NAGAR
B.G.ROAD
BANGALORE
13.T.K.NARASIMHAIAH
S/O KUMBAIAH
A/A 62 YRS, #9/10, VYKUNTA
TELECOM L/O
VIRUPAKSHAPURA
BEHIND TENNIS VILLAGE
VIDYARANYAPURA POST
BANGALORE - 97
14.S.M.MAHADEVAPPA
S/O MADAPPA
A/A 64 YRS., SORGURU VILLAGE
MALAVALLI TALUK
BANGALORE DISTRICT
15.A.SHIVARAMAIAH
S/O ANJANAPPA
A/A 63 YRS. VISHWANATHAPURA
4
DEVANAHALLI TALUK
BANGALORE DISTRICT
16.P.GOVINDARAJU
S/O M.PILLAPPA
AGED ABOUT 57 YRS
NO.444, 2ND BLOCK, 9TH PHASE
JP NAGAR, AVALAHALLI BDA
D/O ANJANAPURA
BANGALORE - 62
17.LOKESH CHANDRA
S/O MUDDA VEERAPPA
AGED ABOUT 62 YRS
NO.5/1, RAMANNA PET
BANGALORE - 2
18.M.G.HEGDE
S/O GANAPATHI HEGDE
AGED ABOUT 61 YRS
NO.17, LAXMI VENKATESHWARA
NILAYA, 3RD CROSS, ARAKERE MAIN ROAD
B.G.ROAD, IIM POST
BANGALORE - 76
19.PURUSHOTHAM
S/O LATE BALAPPA
AGED ABOUT 61 YEARS
NO.9, MUKAMBIKA NILAYA
IST CROSS, JAYADEVANAGAR
KRS ROAD, BG HALLI
MYSORE - 570 016
20.KRISHNA MURTHY
S/O BUTCHAPPA
AGED ABOUT 61 YRS
NO.2333, 4TH CROSS, KANAKA
NAGAR, R.T.NAGAR POST
BANGALORE - 560 032.
5
21.M.NARAYANASWAMY
S/O THIRUMALA
CHAR AGED ABOUT 63 YRS
#126, 5TH CROSS, TEACHERS BSK 2ND STAGE
BANGALORE - 560 070
22.M.MUNINARAYANA
S/O MUNIVENKATAPPA
AGED ABOUT 63 YRS, NO.1300
PWD, 1ST CROSS, NRUPATHUNGA ROAD
APPA AMMA NILAYA
HASSAN
23.S.NANJUNDASWAMY
S/O SIDDE GOWDA
AGED ABOUT 62 YRS
# D.NO.4555, IST FLOOR
80 FEET ROAD, 16TH CROSS
NEAR K.D.CIRCLE
VIJAYANAGAR EXTENSION
MYSORE - 17
24.A L RAMACHANDRA
S/O LAKKE GOWDA
AGED ABOUT 64 YEARS
#AGILE VILLAGE,
KASABA HOBLI
HASSAN TALUK
25.R C DEVARAIAH
S/O CHANNAMALLAIAH
AGED ABOUT 63 YEARS
B NO 5858,
SARASWATHIPURAM
7TH CROSS
HASSAN - 201
26.V D NARARAJU
S/O DASE GOWDA
AGED ABOUT 61 YEARS
6
#OPP GOVT SCIENCE COLLEGE
SARASWATHIPURAM
SALAGAMI ROAD
HASSAN
27.T R PRABHAKAR
S/O K B RAMAIAH
AGED ABOUT 60 YEARS
#39, 9TH CROSS, 16TH MAIN
BTM 1ST STAGE,
D R COLLEGE POST
BANGALORE - 29
28.K V NAGABHUHAN
S/O K VENKATASWAMY
AGED ABOUT 60 YEARS
#89, 2ND CROSS, 2ND MAIN
HANUMANTHANAGAR
HASSAN
29.BASAVARAJ
S/O B CHIKKARUDRAIAH
AGED ABOUT 62 YEARS
MALLASANDRA VILLAGE
TANK ROAD
NANDINI LAYOUT,
MALLASANDRA, TUMKUR TALUK
30.H K RAMACHANDRA
S/O H N KRISHNA MURTHY
AGED ABOUT 68 YEARS
#10/20, 8TH B CROSS,
3RD MAIN ROAD, SRINIVASANAGAR,
BSK 3RD STAGE
BANGALORE - 560 085
31.H DASAPPA
S/O HANUMANTHAPPA
AGED ABOUT 65 YEARS
NO.10, 5 A CROSS,
7
EJIPURA R A ROAD
VIVEKANAGAR POST
BANGALORE - 47
32.DR S DAYANANDA
DEAD BY LR HIS WIFE SMT. PRABHA SARODE
AGED ABOUT 64 YEARS
#8, 41ST CROSS, 8TH BLOCK
JAYANAGAR
BANGALORE.
33. B S NAGARAJA
AGED ABOUT 67 YEARS
#1276, 2ND CROSS, 2ND STAGE,
SRIRAMAPURA,
MYSORE - 23.
34.K DHINAGARAN
S/O KOLLAPURI
AGED ABOUT 61 YEARS
3, 3RD MAIN ROAD
LAXMAMMA LAYOUT,
DODDA BANASWADI
BANGALORE -43
35.K T BYRAPPA
AGED ABOUT 60 YEARS
NO 50, 1ST CROSS,
YESHASWINI NILAYA,
AMBEDKAR TELECOM LAYOUT
VIJAYANAGAR PIPE LANE,
BANGALORE - 560 023.
36.M M DEVAIAH
DEAD BY LR HIS WIFE
SMT. PUSHPAVATHI
AGED ABOUT 58 YEARS
#MADENALU VILLAGE & POST
MADEKERE TALUK
8
COORG
37.S RUBEN
S/O SUSAIRAJ
AGED ABOUT 58 YEARS
#571, 3RD BLOCK, 14TH CROSS
VISWAPRIYA NAGAR
BANGALORE - 560 068
38.DR R SYED AMEER AHMED
S/O RAYADURG SYED ABDUL KHADERSAB
AGED ABOUT 61 YEARS
#293/A, 3RD MAIN ROAD,
PARVATHINAGAR
BELLARY - 583 104
39.R T PRASANNA
S/O T C THIMMAIAH
AGED ABOUT 55 YEARS
DHARMAVARDINI NILAYA, 4TH CROSS
KALPATHARU COLLEGE OF ENGINEERING
VIDYANAGAR
TIPTUR - 572 202.
40. K CHIKKANAIAH
Age:62
S/O K SIDRAMAPPA
AGED ABOUT 62 YEARS
#PLOT NO.32, RAGHAVA KALYANA COLONY
BATHI ROAD, VIDYANAGARA
41. N PILLA HANUMAPPA
Age:57
DEAD BY HIS LR WIFE SMT LEELAVATHAMMA
AGED ABOUT 57 YEARS
#1-2393 BEHIND RAGAVENDRASWAMY TEMPLE
N R EXTENSION
CHINTAMANI
9
42. DR LAKSHME GOWDA
Age:63
S/O DASE GOWDA
AGED ABOUT 63 YEARS
#49, VENKATESWARA LAYOUT
PANCHIM ORCHARD, 5TH MAIN,
5TH A CROSS, ABBIGERE
43. P JAYASHANKAR
Age:62
S/O G S PUTTALINGAPPA
AGED ABOUT 62 YEARS
D NO.89, GONDHIBASAVANAHALLI
MADAPATNA POST
KUSHALNAGAR TALUK
COORG DISTRICT
44. N SELVANARAYANAN
S/O H S NARASIMHAN
AGED ABOUT 61 YEARS
#NO.4, 4TH CROSS,
N R COLONY,
BANGALORE - 560 019.
45. K HARI PRASAD
S/O N KRISHNAPPA
AGED ABOUT 57 YEARS
`LALITHA-NILAYA' 1ST FLOOR
BEHIND DASAPPAS THOTA,
MARUTHINAGAR
46. N SHIVARAMU
S/O NANJE GOWDA
AGED ABOUT 63 YEARS
VADDARAHALLI VILLAGE AND POST
CHANNARAYAPATNA
47. H D PUTTASWAMY
S/O DASEGOWDA
AGED ABOUT 60 YEARS
10
NO 210, LIG, 26TH CROSS
KUVEMPUNAGAR, HASSAN.
48. CHANDREGOWDA
S/O SANNE GOWDA
AGED ABOUT 60 YEARS
MIG 30, 23RD CROSS,
KUVEMPUNAGAR, HASSAN.
49. M R SHASHIKUMAR
S/O RANGE GOWDA
AGED ABOUT 62 YEARS
NO 1315, 5TH CROSS,
SHANKARIPURAM, HASSAN.
50. M G RUDRAIAH
S/O M B GANGANNA
AGED ABOUT 61 YEARS
VEERABHADRASWAMY KRUPA
8TH CROSS, KRISHNANAGAR,
SIT TUMKUR 572 103
51. J CHALUVE GOWDA
S/O JUNJE GOWDA
AGED ABOUT 62 YEARS
AGILE VILLAGE HASSAN TALUK.
52. D KRISHNE GOWDA
S/O DEVARAJE GOWDA
AGED ABOUT 59 YEARS
#535, DEVI KRUPA BEHIND P & T QRTS
SHANKARIPURAM
53. C S NARYANA MURTHY
S/O SHESHAGIRI RAO
AGED ABOUT 54 YEARS
#E-161/A-175 SHIRKE APARTMENT
DUBASIPALYA, BANGALORE -560 060
11
54. D V VENKATARAYAPPA
S/O VENKATARAYAPPA
AGED ABOUT 66 YEARS
ANNIGATTA VILLAGE
BIDALOOR POST
DEVANAHALLI TALUK
55. P MALLESH
S/O P NARASIMHALU
AGED ABOUT 63 YEARS
# LAXMICHANNAKESHAVANILAYA
OPP: M.M.L., D KATENAKOPPALU,
ARASIKERE ROAD/ROUTE
HASSAN
56. NAGARAJA
S/O PUTTADASA SETTY
AGED ABOUT 59 YEARS
NO. 47, DEVEERAMMANAHALLI
KANIKAPRAMEWARY LAYOUT
NANJANGUDU
MYSORE DISTRICT
57. H R GANGAIAH
S/O LATE RAMAIAH
AGED ABOUT 61 YEARS
KUVEMPUNAGAR
6TH CROSS, GUBBI TOWN
TUMKUR DISTRICT
58. NATARAJ
AGED ABOUT 60 YEARS
MALLASANDRA VILLAGE
NANDINI LAYOUT
MALLASANDRA, TUMKUR DISTRICT
59. NANJEGOWDA
S/O NARAYANAPPA
AGED ABOUT 69 YEARS
12
#216, 5TH MAIN, 6TH CROSS
KODIHALLI, ALASOOR POST
BANGALORE - 08
60. G T VEKATESH
S/O THIMME GOWDA
AGED ABOUT 62 YEARS
#28/8-5, 15TH CROSS, JAYANAGAR
3RD BLOCK, BANGALORE 560 011
61. C RAMAIAH
S/O LATE CHIKKANNA
AGED ABOUT 64 YEARS
#35, 5TH MAIN, 2ND CROSS
CPV BLOCK, GANGANAGAR EXTENSION
R T NAGAR, BANGALORE 560 032
62. K B BASAVARAJA
S/O BYRAPPA
AGED ABOUT 59 YEARS
C/O K B JAYASHREE, NEAR/OPP
KIMPCO FACTORY, BM ROAD
HASSAN
63. K R BASAVARAJA
S/O RANGAIAH
AGED ABOUT 56 YEARS
#363, 10TH CROSS, KHB L/O
KUVEMPUNAGAR
MYSORE
64. M T NARAYANA
S/O THIMMEGOWDA
AGED ABOUT 57 YEARS
ADOHALLI, ASHOKA EXTENSION
BEHIND KSRTC DEPOT,
HASSAN
65. LAKSHME GOWDA
S/O NANJEGOWDA
13
AGED ABOUT 62 YEARS
CHIGALLI VILLAGE
KOUSHIKA POST
HASSAN DEISTRICT
66. PUTTASWAMY
S/O BASAVAIAH
AGED ABOUT 66 YEARS
#3996, NEAR HAMPI CIRCLE
VIJAYANAGAR 2ND STAGE
MYSORE 570 017
67. K MOHAN
S/O K NARASIMHA
AGED ABOUT 62 YEARS
#1225, IRWIN ROAD,
SRINIVASA MEDICAL STORES (UPSTAIRS)
MYSORE - 01
68. T H SHIVAKUMARASWAMY
S/O TSG HUTCHAPPA
AGED ABOUT 61 YEARS
736, 2ND MAIN, KHBCS LAYOUT
NAGADEVAHALLI
JNANABHARATHI POST
BANGALORE 56
69. P PADMARAJ
S/O PUTTE GOWDA
AGED ABOUT 65 YEARS
GADEHALLI VILLAGE
HASSAN TQ.
70. J THIMME GOWDA
S/O JAVAREGOWDA
AGED ABOUT 65 YEARS
GADEHALLI
HASSAN TQ. ... PETITIONERS
(By Sri: U S SANJEEVA MURTHY, ADV.)
14
AND
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVT
ANIMAL HUSBANDRY & FISHERIES DEPT
4TH FLOOR, VIKASA SOUDHA
BANGALORE - 01
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION
KMF COMPLEX, HOSUR ROAD
BANGALORE - 29 ... RESPONDENTS
(BY SRI. RAGHAVENDRA G. GAYATHRI, HCGP FOR R-1
SRI. RAMACHANDRAN, ADV. FOR
SRI. M R C RAVI, ADV. FOR R2)
THESE WPs ARE FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE
HOLDING THAT THE ENDORSEMENT ISSUED BY R2
DTD.18.7.2006 VIDE ANNEX-J IS BAD IN LAW, ARBITRARY
AND ISSUED WITHOUT APPLICATION OF MIND.
W.P.NO.35010-69/2011
BETWEEN
1. DR A M SHIVAKUMAR
S/O A R MURUGENDRA GOWD
AGED ABOUT 62 YEARS
NO.1241, BEML III STAGE,
NEAR KANAKADASA CIRCLE
RAJARAJESWARINAGAR
BANGALORE
15
2. SUNDAR RAM
S/O LATE S N SHAMA RAO
AGED ABOUT 60 YEARS
# 1, AMBA KRUPA, BASAPPA L/O
GAVIPURAM EXTN
BANGALORE-19
3. M A NARASE GOWDA
S/O SANJEEVE GOWDA
AGED ABOUT 61 YEARS
NO.383/A, 1ST MAIN, 4TH PHASE,
SFS,407, YELAHANKA NEW TOWN
BANGALORE-560064
4. DR B S GANGADHARA
S/O SIDDAIAH
AGED ABOUT 63 YEARS
R/AT NO,.65, 4TH CROSS
36 MAIN, DOLLERS SCHEME
BTM 1ST STAGE, BANGALORE-68
5. DR G S JAYAPRAKASH REDDY
S/O G V SANJEEVA REDDY
AGED ABOUT 62 YEARS
#56, 1ST FLOOR, 2ND MAIN,
KEB L/O, B T M 1ST STAGE
BANGALORE-29
6. DR T M LAXMINARAYANA
S/O MALAYAPPA
AGED ABOUT 61 YEARS
NO. 6/11 A, 1ST FLOOR,
OPP ANJANEYA TEMPLE,
N S PALYA, BTM 2ND STG
B G ROAD BANGALORE-76
7. DR V S SUNDARA MURTHY
S/O SRINIVASA
AGED ABOUT 63 YEARS
171, 4TH B MAIN ROAD, 4TH STAGE
16
IV BLOCK, BASAVESWARNAGARA
BANGALORE-560079
8. DR G NAGARAJ
S/O H GURURAJU
AGED ABOUT 62 YEARS
NO.14, SRI SAPTAGIRI, 1ST CROSS
29TH A MAIN, BTM LAYOUT
BANGALORE-68
9. H M RUDRAIAH
S/O H R MURIGAIAH
AGED ABOUT 61 YEARS
NO.171, JAYARAM L/O,
OPP SARALA BIRLA ACADAMY,
BANNERGATTA ROAD
BANGALORE
10. DR H K PRAKASH
S/O S H KRISHNAPPA
AGED ABOUT 62 YEARS
NO.20 SARADA, 5TH CROSS,
AKSHAYA NAGAR
(WEST) BANGALORE-68
11. Y N ANJANAPPA
S/O LATE NARAYANAPPA
AGED ABOUT 60 YEARS
# 215/A, (BMP 26)
8TH MAIN 6TH CR
G M PALYA NEW
THIPPANSANDRA POST
BANGALORE
12. G R SHADAKSHARIY N ANJANAPPA
S/O LATE G REVANNAIAH
AGED ABOUT 60 YEARS
NO.48, N S PALYA,
17
BTM 2ND STAGE, 16TH MAIN,
17TH A CROSS, BANGALORE-76
13. C S KRISHNA MURTHY
S/O C S SHAMANNA
AGED ABOUT 62 YEARS
SNEHALAYA, SHERIFF COLONY
HOLENARASIPURA ROAD
HASSAN
14. SMT LAXMI N HARI
W/O K L NARAHARI
AGED ABOUT 56 YEARS
NO.196, 5TH CROSS, 5TH MAIN,
BSK 3RD STAGE, C K ACHKATTU
BANGALORE-560 085
15. SMT N MUTHILI
AGED ABOUT 60 YEARS
NO.61, 4TH B BLOCK, 7TH A CROSS
KORAMANGALA, BANGALORE
16. G N SHIVAREDDY
S/O NARAYANAPPA
AGED ABOUT 61 YEARS
41/A, 3RD CROSS, AMRUTHNAGAR
SECTOR-A, SAHAKARINAGAR
BANGALORE-92
17. GURURAJ KULKARNI
S/O KISHAN RAO
AGED ABOUT 60 YEARS
93, SRI LAXMINARYANA NILAYA
ASTAGRAMA LAYOUT
BASAWESHWARANAGAR
2ND STAGE, BANGALORE-79
18. SHIVASHANKAR CHETTY
S/O GUNDAPPA
AGED ABOUT 61 YEARS
18
#19-1-15 NEW ADASHKA COLONY
AF STATION ROAD, BIDAR
19. SAMPANGI
S/O RAMAIAH
AGED ABOUT 64 YEARS
#17/4, 16TH CROSS,
7TH MAIN ROAD, RAMAS
L/O LAKKSANDRA,
BANGALORE-30
20. PRAKASH KULKARNI
AGED ABOUT 60 YEARS,
S/O BHEEMA KULKARNI
205, 6TH CROSS 5TH A MAIN
RPC L/O HAMPINAGAR,
BANGALORE 104
21. B CHANDRSHEKAR
S/O BETTAIAH
AGED ABOUT 61 YEARS,
R/AT NMO.1 BYRAWESWARANILAYA
RAGHAVENDRA COLONY
19TH MAIN BTM L/O, IST STATE,
BANGALORE 29
22. SMT H K JYOTHI
W/O THIRUMALACHAR
AGED ABOUT 53 YEARS,
CH NO.53, 5TH CROSS
K R VANAM MYSORE.
23. SMT S NIRMALA
W/O JAYAPALA
AGED ABOUT 55 YEARS,
208, 2ND B MAIN ROAD,
II STAGE, GOKULAM MYSORE.
19
24. A S CHANDRASHEKAR
S/O SHAMBU GOWDA
AGED ABOUT 59 YEARS,
ASARE 3RD CROSS,
TEACHER COLONY
MADDUR TOWN,
MANDYA DISTRICT.
25. SMT SUJAYAKUMARI
W/O N SRIKANTA
AGED ABOUT 55 YEARS,
860/1/A, SUNNADAKERE IST CROSS
K R MOHALLA MYSORE.
26. SHIVANAGOUDA MAGANUR
S/O RAMANAGOUD MAGANUR
SRI RENUKANILAYA
AGED ABOUT 62 YEARS,
MAHAMANE EXTN., KARNATAKA
UNIVERSITY ROAD, DHARWAD 580 003
27. BASVARAJ BANAKAR
S/O AJJAPPA
AGED ABOUT 62 YEARS,
BASVAPUSHPA NEAR DTC
2ND CR. GANDHINAGAR,
DHARWAD- 580 004
28. DATTATREYA WADAWADAGI
S/O RUDRAPPA WADAWADAGI
AGED ABOUT 61 YEARS,
PLOT NO.1, 23 A,
NEAR TELEPHONE EXCHANGE
GANDHINAGAR, DHARWAD 580 004
29. BASVARAJ PADANUR
S/O. CHANNAPPA A PADANUR
AGED ABOUT 63 YEARS
"SRIDEVIPRASAD",
20
NEAR DTC HOSTEL
IST CROSS, GANDHINAGAR,
DHARWAD - 4.
30. GANGAPPA HULIKERE
S/O KARIBASAPPA HULIKERE
AGED ABOUT 63 YEARS,
SRI VENKATESHWARAKRUPA
OPP. ESWAR TEMPLE, GANDHINAGAR
DHARWAD 4.
31. B CHANDRAPPA
S/O BASAVANTHAPPA
AGED ABOUT 62 YEARS,
PLOT NO.79, BASAVEWARANILYA
NEAR RUDSET, GANDHINMAGAR
DHARWAD 4.
32. DODDALAKKANA GOWDA
S/O DODDE GOWDA
AGED ABOUT 63 YEARS,
"SRI RANGA " ,
NEAR DR. RAJKUMAR PARK
SARASWATHIPURAM TUMKUR.
33. B DEVARAJ S/O BODAPPA
AGED ABOUT 61 YEARS,
C/O NARASEGOWDA BSK II STAGE,
SHANTHINAGAR,
KUMTAIAH L/O TUMKUR.
34. N L NAGANARASIMHAN
S/O. L LAXMI NARASIMHAIAH
AGED ABOUT 61 YEARS,
SOWRABHA, N H 20,
HEGGERE MAIN EXTN.,
SSMC HEGGERE TUMKUR.
35. SMT A N LALITHA W/O NAGARAJ
AGED ABOUT 60 YEARS,
21
SRI LALITHA 1791, 15TH MAIN,
IST STAGE, 5TH BLOCK
HBR L/O BANGALORE 43
36. SMT K G CHUDAMANI
W/O S VENKATESH
AGED ABOUT 58 YEARS,
298, 8TH MAIN 6TH CROSS
MICO L/O IST STAGE, ARAKERE,
B.G.ROAD, BANGALORE 76
37. M CHANDRAN
S/O MUNISWAMY A/A 55 YEARS,
# 119/C, MARIAS STUDIO CR.
THANISANDRA MN ROAD,
ARABIC COLLEGE NAGAVARA,
BANGALORE-4
38. M S RAMACHANDRAPPA
S/O ONKARAN,
A/A 63 YEARS, NO.331,
4TH E CROSS, HRBR III BLOCK,
KALYANANAGAR, BANGALORE-43
39. G BABU
S/O LATE B GURAPPA
A/A 62 YEARS, # 47/5, 6TH MAIN ROAD,
TATA SILK FARM, BANGALORE
40. H P RENUKASWAMY
S/O LATE H R PUTTAPPA, RETD.
ASST. MANAGER, A/A 55 YEARS,
SRIKRUPA 6TH CROSS, SAMPIGE ROAD,
CB L/O UPPARAHALLI,
TUMKUR-102
41. N NAGARAJAIAH
S/O LATE K P NARASAPPA,
A/A 61 YEARS, RETD. EXTN, OFFICER,
NARASIMHASWAMY NILAYA, 2ND CR.
22
MANDARA ROAD, GOKULA EXTN.
TUMKUR-104
42. RATNAKAR PAWAR
S/O LATE UDHAVASA PAWAR,
A/A 61 YEARS, # NO. 363, KHB
2ND STAGE, 2ND MAIN ROAD,
BASAVESWRANAGAR
BANGALORE-560079
43. SMT K S MEENAXI
W/O SRI K S SATISH
A/A 60 YEARS, # 168, 6TH CROSS,
BDS GARDEN, GEDDALAHALLI,
KOTHANUR POST, BANGALORE-77
44. SRINIVAS DESHPANDE
S/O MAHADEVA RAO, A/A 61 YEARS,
# FLAT NO.9, SRI GANESH APARTMENT,
RAJATAGIRI, DHARWAD-580004
45. BASAVANNEPPA SUNKAPUR
S/O VEDERAPPA SUNKAPUR
A/A 65 YEARS,
MALGIRI PLOT, 2ND CROSS,
HUNSABHAVI RAOD, BYADAGI.
46. V SRIDHARA NAVADA
S/O SOORAPPA NAVADA
AGED ABOUT 74 YEARS
# 788/A, 11TH CROSS
WEST OF CHORD ROAD
BANGALORE-560 086
47. S BHANUMATHI
W/O K R PRASAD
AGED ABOUT 60 YEARS
1435, 6TH CR UPSTAIRS
23
KRISHNAMURHTY PURAM
MYSORE-4
48. CHANNE GOWDA
S/O SINGRI GWODA
AGED ABOUT 61 YEARS
# 253, SRI LINGALAXMI NILAYA
BEHIND MCE LADIES HOSTEL
VIDYANAGARA, HASSAN-573 202
49. H C ESWAR PRAKASH
S/O H C CHANNABASAPPA
AGED ABOUT 60 YEARS
# 16, GEETHANJALI TEMPLE
ROAD, 6TH MAIN, IST CROSS,
VINAYAKA NAGAR
JAYALAXMIPURAM
MYSORE-570 012
50. G V MUNIRAJU
S/O VENKATASWAMAPPA
AGED ABOUT 62 YEARS
# 2330, C BLOCK
SAHAKARANAGAR
BANGALORE-92
51. PRAKASH GOURGONDA
S/O BABU RAO
AGED ABOUT 62 YEARS
NO. 1782, SATYAMARGA,
SECTOR 10, ANJANEYA NAGAR
BELGAUM-590 016
52. P VISHALAKSHMI
W/O C R KUMARASWAMY
AGED ABOUT 48 YEARS
113, 14TH MN., KIRLOSKAR
COLONY, MAHALAXMIPURAM
L/O BANGALORE-90
24
53. K S TOTAPPANAVAR
S/O S H TOTAPPANAVAR
AGED ABOUT 60 YEARS
# 445, 13TH MAIN,
MANJUNATH NAGAR
IIIRD STAGE, IST BLOCK
WEST OF CHORD ROAD
BANGALORE-10
54. S S PATIL
S/O SIDDALINGAN GOUDA
AGED ABOUT 62 YEARS
# 205, IIND FLOOR,
SETELLITE SPLENDOUR
APARTMENTS, SUNCITY RD
KENGERI SATELLITE TOWN
BANGALORE-60
55. K CHIKKAPPA S/O DODDAPPA
AGED ABOUT 62 YEARS
# GOWRAMBA NILAYA,
60 FEET ROAD
6TH CROSS, CHANNEL AREA,
VINOBANAGAR, SHIMOGA 577 204
56. N MAHESHWARAPPA
S/O NINGAPPA
AGED ABOUT 60 YEARS
# BHAVIMANE MALLESHWARA NAGAR
MAIN ROAD, GUNDAPPA SHED,
SHIMOGA
57. K C ANNAPPA S/O CHOUDAPPA
AGED ABOUT 64 YEARS
# SRI KAMALA NILAYA D.NO 102,
D BLOCK II E MAIN JH PATEL
EXTENSION, KOTEGANGUR POST,
SHIMOGA 577 204
25
58. K HONNAPPA
S/O KARE GOWDA
AGED ABOUT 60 YEARS
NO 46, 7TH CROSS
ANNAPURNESWARI TEMPLE RD
BSK 3RD STAGE,
BANGALORE 85
59. KEMAPAIH S/O VARADAYYA
AGED ABOUT 56 YEARS
ANCHANAHALLI TENDE KERE POST
K.R. PET TALUK
60. A C KRISHNA S/O CHINNAPPA
AGED ABOUT 60 YEARS
94, 2ND CROSS 4TH BLOCK
6TH MAIN ROAD, TYAGARAJANAGAR
BANGALORE 28 ... PETITIONERS
(By SRI. U S SANJEEVA MURTHY, ADV.)
AND
1. STATE OF KARNATAKA
BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT
ANIMAL HUSBANDRY AND
FISHERIES DEPARTMENT
4TH FLOOR VIKASA SOUDHA,
BANGALORE 01
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION
KMF COMPLEX,
HOSUR ROAD, DRC POST,
BANGALORE 560 029 ... RESPONDENTS
(By SRI.RAGHAVENDRA G.GAYATHRI, ADV.
SRI.RAMACHANDRAN, ADV. FOR
SRI. M R C RAVI FOR R2)
26
THESE W.PS. ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE
NATURE HOLDING THAT THE ENDORSEMENT ISSUED BY
THE 2ND RESPONDENT DATED 18TH JULY 2006 PRODUCED
AT ANNEXURE-J IS BAD IN LAW, ARBITRARY AND ISSUED
WITHOUT APPLICATION OF MIND.
W.P. NOs.40783-79/2011
BETWEEN
1. K L GAJENDRA
S/O LATE K LAKKANNA GOWDA
AGED ABOUT 60 YEARS,
# 55, 12TH MAIN, 6TH SECTOR,
HSR LAYOUT, BANGALORE-560102
2. S K MAHADEV S/O N KEMPAIAH
A/A 61 YEARS,
# 307, IST CROSS, BHCS L/O
SUBRAMANYAPURA MAIN ROAD,
UTTARAHALLI, BANGALORE-61
3. CHANDRA REDDY
S/O MUNINANJAPPA
A/A 61 YEARS, NO.70,
HONGASANDRA, BEGUR HOBLI
BANGALORE-560 068
4. BODAPPA S/O RAMAIAH
A/A 63 YEARS,
# 1042, BEGUR,
BANGALORE SOUTH TALUK
5. K M MANJUNATH
S/O NARASIMHA SETTY
A/A 51 YEARS,
27
NO.70, HONGASANDAR,
BEGUR HOBLI,
BANGALORE-560 068
6. SHARADAMMA
A/A 60 YEARS,
C/O SMT.MANGAMMA
R/A DAIRY QUARTES,
AUDUGODI, BANGALORE-29
7. D S DEVAIAH
S/O CHIKKADEVAIAH
A/A 60 YEARS,
B/90, KENDAIAH COMPOUND,
SAMEERPUA, CHAMARAJPET,
BANGALORE-18
8. RAMU S/O GIRIGOWDA
A/A 60 YEARS,
# 50, 2ND MAIN,
VINAYAKANAGAR,
BSK IST STAGE,
BANGALORE-50
9. RAME GOWDA
S/O BETTEGOWDA
A/A 48 YEARS,
# 24, 5TH MAIN, 18TH CROSS,
BTM 2ND STAGE, N.S.PALYA,
BANGALORE-560 076
10. B M PUTTASWAMY
S/O MODDEBALLE GOWDA
A/A 60 YEARS,
# 556, 10TH CROSS, 5TH BLOCK,
BHUVANESWARINAGAR,
BSK 3 STAGE, BANGALORE
28
11. B H RAGUNATH
S/O HANUMANTHARAYAPPA
A/A 58 YEARS,
# J-8, PIPELINE,
MALLESWARAM,
BANGALORE-3
12. ABDUL SALAM
S/O BADE SAB
A/A 45 YEARS,
NO.54, 9TH CROSS,
VIJAYA BANK L/O
KRISHNANAGAR MAIN ROAD,
BASAVANPURA, K.R.PURAM,
BANGALORE
13. M CHANDRA
S/O DODDAMUNINANJAPPA
A/A 50 YEARS,
GANIGARA BEEDI,
KENGERI, MYSORE ROAD,
BANGALORE-60
14. V LAKSHMAIAH
S/O VENKATAPPA
A/A 63 YEARS,
# 54, IST FLOOR, 3RD CROSS,
BINDAVANAGAR, TAVAREKERE,
BANGALORE-81
15. A CHANDRA
A/A 61 YEARS,
175, SRIMATHA, 24TH CROSS,
6TH BLOCK, JAYANAGAR,
BANGALORE-82
16. VENKATARAMANAPPA
S/O GURAPPA
A/A 64 YEARS,
# 365, R.H. COLO AUDUGODI,
29
HOSUR MAIN ROAD,
BANGALORE
17. M NAGARAJA
S/O LATE C MUDDAIAH
A/A 54 YEARS,
# 51, 3RD CROSS,
MARAMMA TEMPLE STREET,
K.G.NAGAR, BANGALORE-19
18. L N SREYANS KUMAR
S/O NAGAKUMAR
A/A 61 YEARS,
# 486, 3RD MAIN,
NAGENDRA BLOCK,
BSK 3RD STAGE,
HANUMANTHANAGAR,
BANGALORE
19. M S SIDDARAMAIAH
S/O SUBBEGOWDA
A/A 70 YEARS,
# 17-18 HEBBAL MAIN RAOD
METAGALLI POST,
BASAVESWARANAGAR
MYSORE
20. B J RANGEGOWDA
S/O JAVARE GOWDA
A/A 60 YEARS,
# 106-31/1, 3RD MAIN,
SAMRAT L/O, ARAKERE
BANGALORE-76
21. K V SRINIVASA MURTHY
S/O VENKATAPPA
A/A 57 YEARS,
# 449, 14TH CROSS,
50TH MAIN ROAD,
GIRINAGAR,
30
MUNISWARA BLOCK,
BANGALORE
22. NAZARULLA SHARIFF
S/O RAHMAN SHERIFF
A/A 62 YEARS,
# 4, 3RD CROSS, THIMMANNA L/O
R.T.NAGAR, DEVEGOWDA ROAD,
BANGALORE
23. B MUNISWAMAPPA
S/O VEEREGOWDA
A/A 62 YEARS,
NAYANDANAHALLI,
MYSORE ROAD, BANGALORE
24. P THIMMEGOWDA
DEAD BY lr HIS
WIFE MEENAXI
AGED ABOUT 58 YEARS,
# 125, AGARA VILLAGE,
BANGALORE.
25. T ANAND S/O M THOPPAIAH
A/A 55 YEARS, # 123,
HOSAKEREHALLI, BSK 3 STAGE,
BANGALORE-50
26. L V RAJU S/O LAKSHMINARAYANA
A/A 59 YEARS, # 10 R R OIL MILL ROAD,
ARAVINDANAGAR, BANGALORE
27. H L LAKKANNA S/O LATE LAKKANNA
A/A 58 YEARS, # 209, 23RD CROSS,
8TH BLOCK, KORAMANGALA,
BANGALORE-95
28. KEMPANNA S/O HANUMANTARAYAPPA
A/A 59 YEARS, # 19/2, 4TH A CROSS,
31
LALJINAGAR, LAKKASANDRA,
BANGALORE-30
29. S K SHIVANNA S/O KEMPAIAH
A/A 61 YEARS,
# 70, SHARADA NILAYA, NO.78,
8TH MAIN, 3RD A CROSS,
BHUVANESWARI NAGAR,
T.DASARAHALLI, BANGALORE-57
30. G NARASIMHAIAH
S/O GANGAMUTHA RAYAPPA
A/A 58 YEARS,
# 19 1C NARAYANAPURA,
SATHANOOR POST,
K.R.PURAM HOBLI
BANGALORE
31. SIDDARAJU
S/O PATEL BORAIAH
A/A 68 YEARS,
OLD VAKKALIGARA ONI,
MADDUR, MANDYA DISTRICT
32. A V GOVINDAPPA S/O VENKATARAMAPPA
A/A 61 YEARS, HUNASEMARA DODDI,
GANALU POST, KANAKAPURA TALUK
33. T S MALLANNA S/O SIDDAPPA
A/A 64 YEARS, THOTA SAGARA,
GOPALAPURA, GUBBI TQ., TUMKUR
34. CHANDRASHEKAR RAO
S/O S R ASWATHANARAYANA RAO
A/A 63 YEARS, SUPRABHATA, 4TH CROSS,
CHANNABASAVESWARA NAGAR
UPPARHALLI, TUMKUR
35. M N PATIL S/O M B PATIL
A/A 64 YEARS,
32
TRYIYA NERALU, VISWANNA L/O
SHANTHINAGAR, TUMKUR
36. SMT B BRAMARAMBA
W/O C CHANDRASHEKARAIAH
A/A 61 YEARS, # 237, MAHESHWARA,
2ND CROSS, SIT EXTENSION,
S.S.PURAM POST, TUMKUR-102
37. THIMMAIAH S/O GIRIYANNA
A/A 63 YEARS,
LAKSHMISAGARA,
SIRA TALUK, TUMKUR DISTRICT
38. S SIDDAIAH
S/O SIDDALINGAIAH
A/A 59 YEARS,
# 10TH CROSS, BADDIHALLI,
NEAR G.P.SCHOOL,
KYATHASANDRA, TUMKUR
39. D G KRISHNEGOWDA
A/A 62 YEARS,
VIDYANAGAR, IST CROSS,
NEAR KEB, M.G.ROAD,
GUBBI, TUMKUR DISTRICT
40. C SWAMINATHAN
A/A 65 YEARS,
RETD, TECHNOLOGIST,
NO.40, 2ND CROSS, IV MAIN,
SADHASHIVANAGAR,
TUMKUR-102
41. B P SIDDAPPA
S/O APPAINA PUTTAPPA
A/A 62 YEARS,
# 404, IST FLOOR, 9TH CROSS,
BCC L/O,
33
VIJAYANAGAR,
BANGALORE-560040
42. RANGASWAMAIAH
S/O PUJAR CHIKKARANGAIAH
A/A 61 YEARS,
ADLAPUR VILLAGE,
HALNUR POST, TUMKUR TQ.
43. C HANUMANTHAPPA DEAD BY LRS
WIFE AMARAVATHI, A/A 46 YEARS,
HURLUR VILLAGE,
VARTHUR HOBLI, SARJAPURA,
BANGALORE
44. RAJAGOPAL DEAD BY LRS HIS WIFE
SMT.SHASHIKALA, A/A 50 YEARS,
NO.1320/17, 8TH MAIN ROAD,
A BLOCK, RAJAJINAGAR,
2ND STAGE, BANGALORE-10
45. M RAMAIAH DEAD BY LRS HIS WIFE
LALITHAMMA, A/A 43 YEARS,
NO.1466, BEHIND CANARA BANK,
BEGUR MAIN ROAD, BANGALORE
46. BASAVARAJU DEAD BY LRS HIS WIFE
A. KAMALAMMA, A/A 47 YEARS,
NO.16, 5TH CROSS, 10TH MAIN ROAD,
T.R.SHAMANNANAGAR, SRINAGAR,
BANGALORE-560 050
47. DHARMEGOWDA DEAD BY LRS HIS WIFE
LAXMIDEVAMMA, A/A 38 YEARS,
# 14/4, 2ND CROSS, S.G.PALYA,
DRC POST, BANGALORE-29
48. S RAMACHANDRA DEAD BY HIS LR
WIFE GEETHALAKSHMI, A/A 37 YEARS,
R/A NO.20, AET COLLEGE,
34
SARJAPURA ROAD,
BANGALORE-35
49. K G VENKATESH DEAD BY LR HIS WIFE
SAROJAMMA, A/A 50 YEARS,
# 20/19TH CROSS, LAXMISRI L/O
GARVEBHAVIPALYA HOSUR MAIN ROAD
BANGALORE-68
50. A B NANJAPPA DEAD BY LRS HIS WIFE
RATHNAMMA , A/A 50 YEARS,
NO.142, 24TH MAIN, 9TH CROSS,
HSR L/O AGARA SARJAPUR ROAD
BANGALORE
51. K G SRINIVASAIAH DEAD BY LRS HIS
WIFE SMT.NAGARATHAMMA, A/A 46 YEARS,
NO.20/1, 98TH CROSS, LAXMISRI
L/O GARBAVI PALYA, HOSUR MAIN ROAD
BANGALORE-560068
52. K RAJU DEAD BY LR HIS WIFE
SMT VICTORIA, A/A 58 YEARS,
NO.2/74, MAYURA ROAD,
POSTMASTER LANE,
LINGARAJAPURAM,
ST.THOMAS TOWN,
BANGALORE-560084
53. THIMMAIAH DEAD BY LRS HIS
WIFE LAXMAMMA, A/A 54 YEARS,
# 106, CHIKKALAXMAIAH L/O
HOSUR ROAD, BANGALORE-560029
54. C BALAKRISHNA DEAD BY LR HIS
WIFE G.ANANDAMMA, A/A 60 YEARS,
# 99/1, AUDUGODI, HOSUR ROAD,
BANGALORE
35
55. K T RAMESH DEAD BY LR HIS WIFE
SMT.SHANTHAMMA, A/A 55 YEARS,
R/A NO.404, 2ND D MAIN ROAD
11TH BLOCK, NAGARABHAVI 2ND STAGE,
BANGALORE-560072
56. VEERABHADRAIAH DEAD BY LR HIS WIFE
SMT.NALINA, A/A 50 YEARS,
# ANANDA NILAYA, 10TH CROSS,
RADHAKRISHNA ROAD,
SARASWATHIPURAM, TUMKUR
57. DR G SHIVARUDRAPPA DEAD BY LR
Age:54
WIFE SMT.S.V.LALITHAMMA
A/A 54 YEARS,
RAMESHWARA NILAYA, # 96,
IST CROSS, KRISHNANAGAR,
SIT EXTENSION, TUMKUR
58. T G SHIVARAMAIAH DEAD BY LRS
HIS WIFE LAXMIDEVAMMA
A/A 56 YEARS,
# C-46, KHB COLONY,
VIDHYANAGAR, NEAR STELLA
MERIS SCHOOL KUNIGAL,
TUMKUR DISTRICT
59. B D RAJANNA S/O B DASE GOWDA
A/A 61 YEARS,
# PARASANAHALLI, BANDIHOLE POST,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT
60. K S SRINIVAS S/O K V SHESHADRI IYER
A/A 65 YEARS,
# 93, TYAGARAJA ROAD,
FORT MOHALLA, MYSORE-04
36
61. C K MURTHY S/O THIMMAPPA
A/A 65 YEARS,
# 19, 18TH CROSS, 6TH MAIN,
BEHIND EMPORAR, N.S.PALYA,
BTM L/O, 2ND STAGE, BANGALORE-76
62. SMT MANGAMMA W/O RAMAIAH
A/A 61 YEARS,
# 15, 4TH CROSS, LAKKASANDRA,
DR POST, BANGALORE-29
63. SMT M SAROJAMMA
W/O VENKATASWAMAPPA
A/A 66 YEARS,
# 15/3, IYYAPPA GARDEN,
NEAR MICO FACTORY, B.G.ROAD,
BANGALORE-30
64. SANNAPPA S/O KALAPPA
A/A 60 YEARS,
KUDIG KOPPAPUR, KUDIGE POST,
SOMARPET TALUK
65. ERANNA DEAD BY LR
HIS WIFE SMT.SOMAJI
A/A 56 YEARS,
KUDUMANGALORE,
KUSHALNAGAR HOBLI,
COORG
66. D HANUMESHA RAO S/O BHEEMA RAO
A/A 64 YEARS,
MARUTHI PRASANNA ANNAPURNESH-
WARINILAYA, DODDAPPA LO ,WARD NO.8,
# 308, BEHIND COURT, ANEKAL
67. VENKATAPPA DEAD BY LRS HIS WIFE
PARVATHAM, A/A 58 YEARS,
# KUDUMANGALORE,
37
SOMWARPET TALUK
68. S NANJAPPA S/O SIDDAPPA
A/A 61 YEARS,
54, W-14, KORATAGERE,
EAR DHAYABHAVAN HOTEL,
KORATAGERE, TUMKUR DISTRICT
69. N VENKATAIAH S/O VENKATAPPA
A/A 58 YEARS,
# 209/14, 5TH CROSS,
12TH MAIN, T.R.SHAMANNA NAGAR,
BANGALORE-50
70. CHIKKONU DEAD BY LR
HIS WIFE DHANA-LAXMI
A/A 43 YEARS,
# 84/1, 2ND STAGE,
N.S.PALYA, ABBAIAHAPPA L/O
B.G.ROAD, BANGALORE-76
71. SUNDARA S/O KARIYAPPA
A/A 54 YEARS,
# KUDUMANGALORE VILLAGE,
SOMARPET TALUK
72. M S NAGARAJ S/O LATE SHIVANNA
A/A 53 YEARS,
# KUDUMANGALORE VILLAGE,
SOMARPET TALUK
73. DODDEGOWDA DEAD BY LR HIS WIFE
LAXMAMMA,
A/A 54 YEARS,
KUDIGE VILLAGE,
SOMAWARPET TQ.,
COORG DISTRICT
38
74. SHANKAR SHETTY DEAD BY LRS
HIS WIFE LAXMAMMA
A/A 56 YEARS,
HEGGAHALLI, KUDIGE POST,
COORG DISTRICT
75. K B NIMBEGONDI DEAD BY LR
HIS WIFE SMT.SHAKUNTALA K N
A/A 56 YEARS,
NO.251, 6TH CROSS,
5TH MAIN, INDIRANAGAR IST STAGE,
BANGALORE-38
76. B G RAJU DEAD BY LRS
HIS WIFE B.K.KALAVATHI
A/A 52 YEARS,
# 30, 3RD CROSS,
TULSINAGAR, GOLLARAHATTI,
NEAR ANY TIME WATER PLANT,
VISWANEEDAM, BANGALORE-91
77. RUDRAPPA S/O DODDEGOWDA
A/A 60 YEARS,
DODDATHUR VILLAGE,
SOMARPET TALUK
78. KRISHNA S/o D B THIMMAPPA
A/A 59 YEARS,
KUDUMANGALORE
SOMARPET TQ., COORG
79. M B BOJAMMA W/O B P POOVAIAH
A/A 58 YEARS,
KUDUMANGALORE VILLAGE,
KUSHALNAGAR, COORG DISTRICT.
80. T NANJUNDACHARI
S/O THIFMMANNA CHARI
A/A 61 YEARS,
# VENKATESHWARA KRUPA,
39
BEHIND JANATHA COLONY,
SAPTAGIRI EXTENSION,
SHETTYHALLI EXTN
TUMKUR
81. M K THAMMANNA
S/O KENCHEGOWDA
A/A 62 YEARS,
# 68/70, VI CROSS,
IV MAIN ROAD, PRAKASH NAGAR,
BANGALORE-560021
82. N NARAYANA SWAMY S/O NARAPPA
A/A 59 YEARS,
# 216, SOMARPET MAIN ROAD,
KUDIGE, KUSHALNAGAR HOBLI
83. C S PATIL S/O S.PATIL
A/A 58 YEARS,
# MANNUR VILLAGE,
HOSANILGIRI POST,
SAVANUR TQ., HAVERI DIST
84. SMT ZABIDONNISA BEGAM
AGED ABOUT 58 YEARS,
P.H.COLONY, 10TH CROSS,
BOMBAY BUILDING, TUMKUR
85. PARAMASHIVAIAH DEAD BY LR
HIS WIFE MANJULA
A/A 55 YEARS,
HARNALLI, HARNALLI HOBLI
BYLKUPPE POST, PERIAPATNA TALUK
86. B VENKATRAMAIAH
S/O VENKATAPPA
A/A 58 YEARS, # 209/14,
12TH MAIN 5TH CROSS,
40
T.R.SHAMANNA NAGAR,
BANGALORE-50
87. DEVEGOWDA DEAD BY LRS
HIS WIFE SAVITRAMA
A/A 52 YEARS,
KUDIGE VILLAGE,
SOMAWARPET TALUK
88. P SHAMANNA
A/A 60 YEARS,
# SRI RANGA-NATHA NILAYA,
MARALOR DINNE
OPP. ENGINEER JAYAPRAKASH HOUSE
14TH CROSS, TUMKUR
89. A M RAMAPPA S/O MUNIYAPPA
A/A 60 YEARS,
# 3, BASAVANNA TEMPLE STREET,
IST CROSS, AUDUGODI,
BANGALORE-560 030
90. N NAGAPPPA S/O NYATHAPPA
A/A 64 YEARS,
# 79, IST MAIN, 2ND CROSS,
YELAHANKA NEW TOWN,
NEAR SHIRADI SAI BABA TEMPLE,
GKVK POST, BANGALORE-6
91. R GANGANNA S/O RANGAIAH
A/A 61 YEARS,
# HOSAPALYA VILLAGE,
ADAGOOD POST,
92. THIMME GOWDA
S/O.NANJE GOWDA,
AGED ABOUT 64 YEARS,
KAGGALAHALLI HAROHALLI HOBLI,
RAMANAGAR DISTRICT.
41
93. A R SHANKAR S/O REVAIAH
A/A 62 YEARS,
# 79, IST CROSS, 2ND MAIN,
MATHUR L/O NEAR SHIRADISAIBABA
TEMPLE, YELAHANKA NEW TOWN,
GKVK POST, BANGALORE-65
94. V P VENKATESH S/O V K PUTTAIAH
A/A 61 YEARS,
RAMYA MEDICAL SHOP ASALEHOSAHALLI,
SHANTIGRAMA HOBLI
HASSAN TQ & DISTRICT
95. G MAREGOWDA
A/A 60 YEARS,
DEVRAJ MAIN ROAD,
SARASWATHIPURA
TUMKUR
96. M RANGANATHAPPA DEAD BY LRS
HIS WIFE SMT.RADHARAMMA K R
A/A 51 YEARS,NO.39, LIG-2, K BLOCK,
6TH B MAIN, RAMAKRISHNA NAGAR
MYSORE
97. P LAKSHMINARAYANA REDDY
S/O P THIMMADASA REDDY
A/A 66 YEARS,
C/O SLV TRADERS, IST MAIN ROAD,
Y.N.COMPLEX, APMC YARD,
BATAWADI, TUMKUR ... PETITIONERS
(By SRI. U S SANJEEVA MURTHY, ADV.)
AND
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY TO GOVT
ANIMAL HUSBANDRY & FISHERIES DEPT
42
4TH FLOOR, VIKASA SOUDHA
BANGALORE-1
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION
KMF COMPLEX, HOSUR ROAD,
BANGALORE-29. ... RESPONDENTS
(By SRI. RAGHAVENDRA G.GAYATHRI, HCGP FOR R1,
SRI. RAMACHANDRAN, ADV. FOR
SRI.M.R.C. RAVI, ADV. FOR R2)
THESE WPS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD
THAT THE ENDORSEMENT ISSUED BY THE R2 DT.18.7.06
PRODUCED AT ANN-J IS BAD IN LAW, ARBITRARY & ISSUED
WITHOUT APPLICATION OF MIND.
W.P.Nos.44440-45/2011 & 44446/2011
BETWEEN
1. DR. H. CHANNE GOWDA
AGED ABOUT 67 YEARS,
S/O HANUMANTHA GOWDA,
# 505, 4TH A MAIN, 6TH CROSS
OMBR L/O, BHUVANAGIRI
BANGALORE
2. DR. G.S. KUTNIKAR
AGED ABOUT 67 YEARS,
S/O GAJANANA RAO,
# 2754, 5TH MAIN,
V.V. MOHALLA, MYSORE
3. CHANDRASHEKHAR D
AGED ABOUT 60 YEARS,
S/O BHYRAPPA,
43
32, 29TH CR. 7TH BLOCK,
JAYANAGAR, BANGALORE-82
4. P.V. LAKSHMANA RAO
AGED ABOUT 60 YEARS,
S/O LATE P. VENKATA RAO,
# 1462, SRI VENKATESHWARA
NILAYA, 1ST MAIN, 3RD CR.,
MUNESWARANAGAR, KOLAR
5. S. PANIRAJ
AGED ABOUT 60 YEARS,
S/O S.B. SRINIVAS,
6TH MAIN, 2ND CROSS,
KATRIGUPPE (EAST)
BSK 3RD STAGE,
BANGALORE - 85
6. B.M. PREMNATH
AGED ABOUT 60 YEARS,
S/O P.G. MAHADEVAIAH,
"SARVAMANGALA" NILAYA,
3RD CROSS, ASHOKNAGAR,
TUMKUR - 572 103. ...PETITIONERS
(By SRI.U S SANJEEVA MURTHY, ADV.)
AND
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRTARY TO
GOVT. ANIMAL HUSBANDRY &
FISHERIES DEPT.
4TH FLOOR, VIKASA SOUDHA,
BANGALORE - 1
2. THE MANAGING DIRECTOR
KARNATAKA MILK FEDERATION,
44
KMF COMPLEX, HOSUR ROAD,
BANGALORE - 29 ... RESPONDENTS
(By SRI. RAGHAVENDRA G.GAYATHRI, ADV.
SRI. RAMACHANDRAN, ADV. FOR
SRI. M.R.C. RAVI, ADV. FOR R2)
THESE WPS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD
THAT THE ENDORSEMENT ISSUED BY THE R2 VIDE
DT.187.06, PRODUCED AT ANN-J IS BAD IN LAW, ARBITRARY
& ISSUED WITHOUT APPLICTION OF MIND AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN `B' GROUP THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
The petitioners in these writ petitions have called in question the communication dated 18.7.2006 issued by the Karnataka Co-operative Milk Producers Federation Ltd., (in short referred to as 'KMF').
2. The petitioners had made a representation by a letter dated 22.5.2006 and 9.6.2006 inter alia seeking for pensionary benefit in terms of the Karnataka Civil Services Rules on the ground that they were earlier working in Karnataka Diary Development Corporation Ltd., and by 45 general circular dated18.09.1976 it was clarified that all the service rules that are applicable to the government servants be followed in respect of employees appointed by the Karnataka Diary Development Corporation (for short referred to as 'KDDC') except the employees appointed either by the Corporation or Units/Unions. On the formation of KMF, option was given to the employees of KDDC to opt as to whether they would continue in KDDC or KMF.
3. On 5.4.1986 in pursuance of representation made by the employees of KDDC employees further option was given to the KDDC employees to exercise their option in terms of the form annexed to the said communication dated 25.2.1984.
4. The learned counsel appearing for the petitioner submits that in terms of the same petitioners exercised their option opting to continue their service in KMF subject to condition that the conditions of service after 46 option given to the federation, the benefits provided shall not be less favorable than those obtained in KDDC in respect of existing KDDC rules and in respect of other matters, for which the KDDC had not framed rules but was following KCSR the same shall not be less favourable than those obtained under KCSR to the extent being followed by KDDC. Having given this option these petitioners became the employees of KMF and they were drawing salary in perks from time to time according to the rules made by the federation.
5. The grievance of the petitioners after the retirement was that they had exercised the option subject to the KCSR Rules made applicable and the benefits available to the government employees and as such they had made representation to the State Government as well as the KMF for sanctioning the pension on par with the government employees. Hence, the said request has been rejected by Annexure-J. The learned counsel appearing for 47 the petitioner submitted that the petitioners were governed by KCSR Rules and their rights were protected in the option exercised by them and as such service benefits should not be less than that of government employees, and as such they were entitled for pensionary benefits. He also submitted that even accepting Provident Fund does not disentitle them from seeking pension. He relied on a judgment of the Apex Court reported in AIR 1960 SC 833 in the matter of Bharatkhand Textile Manufacturing Co. ltd., Ahmedabad and Others vs. Textile Labour Association, Bhadra, Ahmedabad.
6. The learned counsel appearing for KMF submitted that petitioners were the employees of KDDC and they were absorbed by the KMF. Neither in KDDC nor in KMF there is any provision for pension. The petitioners were not the government servants and they are not governed by the KCSR. KDDC itself had its own cadre and recruitment 48 rules and as such petitioners grievance is rejected by the federation.
7. The learned High Court Government Pleader submitted that the petitioners are neither the government employees nor they are entitled for pensionary benefit. He submitted that the KDDC has been wound up after the formation of KMF and such employees who were absorbed by the KMF are governed by the Service Rules of KMF. Hence, there is no justification in the grievance of the petitioners.
8. In reply to the same the learned counsel appearing for the petitioners submitted that if the KDDC employees had not opted the option of KMF and if they had been benefited with the pensionary benefits petitioners are entitled for the same benefit.
9. As far as the contention of the petitioner that they were governed by KCSR is concerned, the KDDC had 49 issued a general circular to follow the rules applicable to the Government servant. However, when the petitioners exercised their option in terms of Annexure-F the option form annexed to Annexure-F gives two options and the petitioners have exercised the first option which reads as under:
"I/opt to continue my services with the Karnataka Co-operative Milk Producers' Federation Limited subject to the condition that the conditions of service after option to the federation shall not be less favourable than those obtaining in KDDC in respect of existing KDDC rules and in respect of other matters for which KDDC had not framed rules but was following the KCSR the same shall not be less favourable than those obtained in KCSR to the extent it was being followed by KDDC."
and from the option exercised by the petitioners it shows that they are all governed by the KDDC Rules only in respect of some aspects they were governed with KCSR. 50 As such it is not in dispute that they were not the government servants, may be for certain purpose the KCSR had been opted, otherwise their service conditions are governed by the rules governed by the KDDC. However, petitioners have not produced any material to show that the employees of KDDC were provided with pensionary benefit on their retirements. Though the learned counsel appearing for the petitioner relying on Annexure-H submitted that the KDDC had not framed any rules, but the form annexed to Annexure-F shows that the Rules were framed by the KDDC and the employees were governed by the said rules.
10. Be that as it may, the petitioners after retirement have also accepted the Provident Fund from KMF. However, if there was a benefit extended to such employees who retired as the employees of KDDC on its winding up and have been provided with pensionary 51 benefit, in such case the petitioners' grievance has some relevance.
11. In the absence of any material before this Court it is not possible for this Court to give any direction either to the State or the KMF. However, at the same time, petitioner could be given liberty to produce relevant material to show that similarly placed employees have been given pensionary benefit, in such case the State as well as the KMF on production of such material are directed to consider the consolidated representation, if any, submitted by the petitioners. In case if the representation of the petitioners is rejected, petitioners are at liberty to raise a dispute in accordance with law. With this observation, petitions stand disposed of accordingly.
Sd/-
JUDGE SS/-