Karnataka High Court
Shashikumar vs Bruhat Bangalore Mahanagara Palike on 24 February, 2020
Bench: Chief Justice, Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2020
PRESENT
THE HON'BLE MR. ABHAY S.OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
W.A.NO.107/2020 (S-RES)
C/W
W.A.NO.95/2020 (S-RES)
IN W.A.NO.107/2020 (S-RES)
BETWEEN
1. SHASHIKUMAR
SON OF SHIVANNA
AGED ABOUT 48 YEARS
WORKING AS SENIOR HEALTH INSPECTOR,
WARD NO 121, BINNIPETE,
WEST ZONE, BANGALORE-560 042.
2. BHARGAV P N
SON OF NARASIMHAMURTHY,
AGED ABOUT 55 YEARS
WORKING AS SENIOR HEALTH INSPECTOR,
WARD NO 55, HORAMAVU,
MAHADEVAPURA ZONE,
BANGALORE-560 043.
3. MUTTEGOWDA
SON OF VENKATARAMANAPPA
AGED ABOUT 40 YEARS
WORKING AS
2
SENIOR HEALTH INSPECTOR,
WARD NO 40,
DODDABIDARAKALLU,
R.R. NAGAR ZONE,
BANGALORE-560 047.
4. M.DEVARAJU
SON OF MUNISWAMAPPA
AGED ABOUT 50 YEARS,
WORKING AS
JUNIOR HEALTH INSPECTOR,
WARD NO 85, DODDANEKKUNDI,
MAHADEVAPURA ZONE,
BANGALORE-560 048.
5. M.B.BASAVAIAH
SON OF CHANNABASAVAIAH
AGED ABOUT 56 YEARS
WORKING AS SENIOR HEALTH INSPECTOR,
WARD NO 191, SINGASANDRA,
BOMMANAHALLI ZONE,
BANGALORE-560 068.
6. B.M.JAYAKUMAR
SON OF MUGUREGOWDA
AGED ABOUT 56 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR,
WARD NO 185, YELACHANHALLI,
BOMMANAHALLI ZONE,
BANGALORE-560 078.
7. SIDDAGANGAPPA
AGED ABOUT 50 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR,
DASARAHALLI ZONE,
BANGALORE-560 057. ...APPELLANTS
(BY SRI SATISH CHANDRA R, ADVOCATE.)
3
AND
1. BRUHAT BANGALORE MAHANAGARA PALIKE
OFFICER AND EMPLOYEES
WELFARE ASSOCIATION,
HAVING OFFICE AT
CENTRAL OFFICE, N.R.SQUARE,
BANGALORE-560002
REPRESENTED BY ITS PRESIDENT,
A.AMRUTHARAJ SON OF ANAND RAJ,
AGED ABOUT 45 YEARS
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
(BBMP) N.R.SQUARE,
BANGALORE-560002.
3. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO URBAN DEVELOPMENT
DEPARTMENT,
VIKAS SOUDHA,
BANGALORE-560001. ...RESPONDENTS
(BY SRI J.THARANATH POOJARY, AGA FOR R-3.)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 13/01/2020 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN SO FAR AS THE
CONSIDERATION OF THE REPRESENTATIONS MADE BY THE
1ST RESPONDENT TO THE 3RD RESPONDENT DATED
22/05/2019 PRODUCED AT ANNEXURES-D TO D1 AND
TAKING A DECISION THEREON IN THE WRIT PETITION
NO.31523 OF 2019.
4
W.A.NO.95/2020 (S-RES)
BETWEEN
1. PRAVEEN N M
SON OF K MALLAPPA
AGED ABOUT 40 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 113
KONENA AGRAHARA
C V RAMAN NAGARA ZONE
BANGALORE.
2. NAGARAJAIAH M L
SON OF LINGAPPA
AGED ABOUT 43 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 139
KONENA AGRAHARA
C V RAMAN NAGARA ZONE
BANGALORE.
3. MANJUNATH H
SON OF HANUMANTHAPPA
AGED ABOUT 47 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 158
DEEPANJALI NAGARA,
VIJAYA NAGARA ZONE,
BANGALORE.
4. SURESH SON OF NANJAIAH
AGED ABOUT 46 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 43, NANDINI LAYOUT,
MAHALAKSHMIPURA ZONE,
BANGALORE.
5
5. AMBARESHGOWDA A
SON OF APPAJIGOWDA
AGED ABOUT 30 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 124, HOSALLI,
VIJAYANAGAR ZONE,
BANGALORE.
6. SHANKAR B SINGH
SON OF D DHANABADDUR SINGH
AGED ABOUT 45 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO: 181
KUMARASWAMY BADAVANE
PADMANABHANAGARA ZONE
BANGALORE.
7. CHAYAPATHI
SON OF G MAYANNA
AGED ABOUT 48 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 44,
MARAPPANAPALYA
MALAKSHMIPURA ZONE ,
BANGALORE.
8. UMESH
SON OF DHARMAIAH
AGED ABOUT 44 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 100,
BASAVAESHWARANAGARA,
RAJAJINAGARA ZONE, BANGALORE.
6
9. LAKSHMINARAYANA
SON OF MUNIYAPPA
AGED ABOUT 47 YEARS
WORKING AS JUNIOR HEALTH INSPECTOR
WARD NO 72, KOTTIGEPALYA
R R NAGAR ZONE, BANGALORE.
10. KALYANA MOHAN SON OF GURUVAPPA
AGED ABOUT 40 YEARS
WORKING AS JUNIOR HEALTH INSPECTOR
WARD NO 177, J P NAGAR
JAYANAGAR ZONE, BANGALORE.
11. RAGHUNANDAN M G
SON OF GOPALAIAH
AGED ABOUT 40 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 85, DODDANEKKUNDI
MAHADEVAPURA ZONE, BANGALORE
12. SOMASHEKAR K
SON OF KRISHNAPPA
AGED ABOUT 39 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 21, HEBBALA,
HEBBALA ZONE, BANGALORE.
13. D VINAY SON OF DEVARAJU
AGED ABOUT 40 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 130, ULLA
YESHWANTHAPURA ZONE,
BANGALORE.
7
14. MAHESH
SON OF NAGARAJAIAH
AGEDABOUT 40 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 185, JARAGANAHALLI,
BHOMANAHALLI ZONE,
BANGALORE.
15. RAMESH L
SON OF LINGEGOWDA
AGED ABOUT 34 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 192, BEGUR,
BOMMANAHALLI ZONE,
BANGALORE.
16. SHASHIKUMAR H A
SON OF AJJAPPA
AGED ABOUT 32 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 185, UTTARAHALLI
BOMMANAHALLI ZONE,
BANGALORE.
17. S R CHANDRASHEKAR
SON OF RANGANNA S K
AGED ABOUT 43 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 105, DASARAHALLI,
GOVINDRAJNAGARA ZONE,
BANGALORE.
18. SATHYAMURTHY
SON OF HANUMANTHAIAH
AGED ABOUT 40 YEARS
WORKING AS
8
JUNIOR HEALTH INSPECTOR
WARD NO 109, CHIKKAPETE
GANDHINAGARA ZONE,
BANGALORE.
19. ANIL SON OF MUTHAPPA
AGED ABOUT 36 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 75, SHANKARMATH,
MALAKSHMIPURA ZONE,
BANGALORE.
20. PURUSHOTHAMA
SON OF NANJUNDAIAH
AGED ABOUT 40 YEARS
WORKING AS
JUNIOR HEALTH INSPECTOR
WARD NO 112, DOMMALURU
SHANTHINAGARA ZONE,
BANGALORE.
21. MUNIYANNA
SON OF JOGIGOWDA
AGED ABOUT 58 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR
WARD NO 139, CHAMRAJAPETE
WEST ZONE, BANGALORE
22. H VENKATESHAIAH
SON OF HANUMANTHAIAH
AGED ABOUT 50 YEARS
WORKING AS SENIOR HEALTH INSPECTOR
WARD NO 175, BHOMMANAHALLI,
BOMMANAHALLI ZONE,
BANGALORE
9
23. PUTTARAMAPPA Y B
SON OF BOMMAIAH
AGED ABOUT 56 YEARS,
WORKING AS
SENIOR HEALTH INSPECTOR
WARD NO 117, SHANTINAGAR
EAST ZONE, BANGALORE.
24. N SRINIVASAPPA
SON OF NARASIMHAIAH
AGED ABOUT 56 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR,
WARD NO 149,
MAHADEVAPURA ZONE,
BANGALORE.
25. CHANDRASHEKARA H S
SON OF SANNAPPA,
AGED ABOUT 58 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR,
WARD NO 135, CHAMARAJAPETE
VIJAYANAGARA ZONE,
BANGALORE.
26. SHIVAKUMARAIAH
SON OF VEERANNA
AGED ABOUT 58 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR
WARD NO 105, RAJAJINAGARA
WEST ZONE, BANGALORE.
27. M G SHIVAKUMAR
SON OF GANGAIAH H
AGED ABOUT 58 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR,
WARD NO 65, MALLESHWARAM
WEST ZONE, BANGALORE.
10
28. D L NARAYANA
SON OF LAKKAIAH
AGED ABOUT 50 YEARS
WORKING AS
SENIOR HEALTH INSPECTOR
WARD NO.38,
GORAGUNTEPALYA,
R R NAGARA ZONE,
BANGALORE. ...APPELLANTS
(BY SRI HIREMATHAD MAHESHIAH RUDRAYYA V AND
N.RAMAKRISHNA, ADVS. )
AND
1. BRUHAT BENGALURU MAHANAGARA PALIKE
OFFICER AND EMPLOYEES
WELFARE ASSOCIATION,
HAVING OFFICE AT
CENTRAL OFFICE, N R SQUARE,
BANGALORE 560002
REPRESENTED BY
ITS PRESIDENT A AMRUTHARAJ
S/O ANANDA RAJ
AGED ABOUT 45 YEARS
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
(BBMP) N R SQUARE,
BANGALORE - 560002.
3. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
TO URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA,
BENGALURU - 560001. ...RESPONDENTS
(BY SRI I THARANATH POOJARY, AGA FOR R-3.)
11
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 13/01/2020 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN SO FAR AS THE
CONSIDERATION OF THE REPRESENTATIONS MADE BY THE
1ST RESPONDENT TO THE 3RD RESPONDENT DATED
22/05/2019 PRODUCED AT ANNEXURES-D TO D2 AND
TAKING A DECISION THEREON IN THE WRIT PETITION
NO.31523 OF 2019.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
These are the appeals preferred by the appellants who are not parties to the writ petition before the learned Single Judge.
2. By the impugned order, all that the learned Single Judge has directed is to decide the representations made by the petitioner in the writ petition and to take a decision in accordance with law. There is no direction issued by the learned Single Judge that any relief shall be granted to the petitioner in the writ petition. Therefore, the impugned order does not affect the appellants. However, if the appellants have 12 any objection to the prayers in the representation made by the writ petitioner, the appellants can also submit representations to the Bruhath Bengaluru Mahanagara palike (for short, 'BBMP'), so that the BBMP can consider the said representations along with the representations of the writ petitioner.
3. With the above observations, the appeals are disposed of. Pending applications do not survive and the same are disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE KK CT-HR