Karnataka High Court
C M Venkatesh vs State Of Karnataka on 11 June, 2019
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2019
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION Nos.41576 & 42257/2016 &
W.P.Nos.24772 - 24797/2019 (BDA)
BETWEEN:
1. C.M.VENKATESH
S/O LATE CHINNANNA
AGED ABOUT 73 YEARS
R/AT #4, J BLOCK
PURVA FAIR MOUNT
24TH MAIN ROAD, HSR LAYOUT
BENGALURU - 560102
2. VIJAYA KESHAVA
AGED ABOUT 67 YEARS
R/AT 192, 14TH B CROSS
9TH MAIN ROAD, HSR LAYOUT
SECTOR - 6, BENGALURU - 560102
3. RAMANNA
S/O LATE KAMBADA RANGEGOWDA
AGED ABOUT 68 YEARS
R/AT 66, 6TH CROSS, C.T.BED
BSK III STAGE, BENGALURU - 560070
4. H.C.KUMARA
S/O LATE CHIKKAMUTTEGOWDA
AGED ABOUT 66 YEARS
R/AT 493, CQUAL LAYOUT
SAHAKARNAGAR, BENGALURU - 560092
5. M.GUNDU RAO
S/O LATE M CHANNAPPA
AGED ABOUT 66 YEARS
R/AT 1025, B BLOCK
-2-
SAHAKARNAGAR,
BENGALURU - 560092
6. M SHIVAMALLAMMA
AGED ABOUT 66 YEARS
C/O CHIVAKUMAR
R/AT 52/2, NEW THIPPASANDRA
BENGALURU -560074
7. DHARMASHEKARAIAH
S/O RAMEGOWDA
AGED ABOUT 75 YEARS
R/AT 12, ANANDANAGAR I BLOCK
I MAIN, I CROSS, R T NAGAR POST
BENGALURU - 560032
8. K N BHADRAIAH
S/O NANJUNDAPPA
AGED ABOUT 66 YEARS
R/AT 77-F, 17TH CROSS
WCR 4TH STAGE, IV BLOCK
BASAVESHWAR NAGAR
BENGALURU - 560079
9. S BASAVARAJAIAH
S/O CHANDRANNA
AGED ABOUT 69 YEARS
R/AT 2367/A, I C MAIN,
I CROSS, HAMPINAGAR
BENGALURU - 560104
10. CHANNEGOWDA
S/O LATE V KARIYAPPA
AGED ABOUT 70 YEARS
R/AT S - 1821, II STAGE
II BLOCK, RAJAJINAGAR
BENGALURU - 560010
11. R VASANTHAMMA
W/O LATE M JAYARAMAIAH
AGED ABOUT 70 YEARS
R/AT 352, 14TH CROSS
MAHALAKSHMI LAYOUT
-3-
BENGALURU - 560086
12. G CHANNAPPA
S/O LATE GALAPPA
AGED ABOUT 63 YEARS
R/AT 66, O B CHUDANAMURI
UDAYAPURA POST
BENGALURU - 560082
13. G MADALAPPA
S/O LATE GOVINDAIAH
AGED ABOUT 81 YEARS
R/AT 820, 5TH MAIN,
5TH CROSS, VIJAYANAGAR
BENGALURU - 560040
14. Y N NANJAIAH
S/O LATE NANJAIAH,
AGED ABOUT 68 YEARS
R/AT 25/8, 11TH MAIN, E BLOCK
RAJAJINAGAR II STAGE
BENGALURU - 560010
15. NANJAPPA
S/O LATE RAMESH
AGED ABOUT 64 YEARS
R/AT No.1010, SRI MANJUNATHA NILAYA,
27TH CROSS, SIT MAIN ROAD
TUMKUR - 572103
16. G K KRISHNAMURTHY
S/O LATE G K SRINIVASA RAO
AGED ABOUT 78 YEARS
R/AT 117, 37TH CROSS, 26TH MAIN
9TH BLOCK, JAYANAGAR
BENGALURU - 560069
17. R S KRISHNAPPA
S/O LATE SEENAPPA
AGED ABOUT 65 YEARS
R/AT 533, 31ST MAIN ROAD
BANAGIRINAGARA BSK III STAGE
BENGALURU - 560085
-4-
18. G MUNIYAPPA
S/O THIMMARAYAPPA
AGED ABOUT 65 YEARS
R/AT 149, III STAGE
II MAIN, INDIRANAGAR
BENGALURU - 560038
19. B KAMALA THARE
AGED ABOUT 65 YEARS
R/AT 1-B, 23 GROUND FLOOR,
4TH CROSS, GANESHA BLOCK
NANDINI LAYOUT, BENGALURU - 560096
20. VASANTHA
AGED ABOUT 66 YEARS
R/AT ALF 10/11, BDA QUARTERS
NANDINI LAYOUT, BENGALURU - 560096
21. PAPAIAH
AGED ABOUT 71 YEARS
R/AT 1, WCR 4TH STAGE, 9TH BLOCK
17TH CROSS, A D HALLI
BENGALURU - 560079
22. H K MAHANTHA SHETTY
S/O KARIBASAVA SHETTY
AGED ABOUT 67 YEARS
R/AT D02, 17TH CROSS,
A D HALLI, BENGALURU - 560079
23. MOHAMMED KOBAL A GUNDAGI
S/O LATE ABDUR RAZAQ GUNDAGI
AGED ABOUT 66 YEARS
R/AT FLAT A-001, TOWER 7, A WING,
GODREJ WOODSMAN ESTAGE
BELLARY ROAD, BENGALURU - 560024
24. G S PUTTASWAMY GOWDA
AGED ABOUT 66 YEARS
R/AT 654, 6TH CROSS, SRINAGAR,
BENGALURU - 560050
25. MOHAMMED YASEEN
S/O LATE A SHAIK AHMED
-5-
AGED ABOUT 64 YEARS
R/AT 2, SLAUGHTER HOUSE ROAD,
G STREET, SHANTHI NAGAR
BENGALURU - 560051
26. P SHARIFF
S/O LATE B M PASHA SAB
AGED ABOUT 60 YEARS
R/AT 81, 5TH MAIN ROAD
6TH CROSS, J C NAGAR
BENGALURU - 560086
27. M NAGARAJAIAH
S/O H HONNAGANGAIAH
AGED ABOUT 64 YEARS
R/AT SONTEKOPPA
DASANPUR HOBLI
BANGALORE NORTH TALUK
BENGALURU - 562123
28. H VASANTHAYYA
S/O LATE HONNASHAMAIAH
AGED ABOUT 60 YEARS
R/AT SONTEKOPPA
DASANPUR HOBLI
BANGALORE NORTH TALUK
BENGALURU - 562123 ... PETITIONERS
[BY SRI NISHANTH A.V., ADV.]
AND:
1. STATE OF KARNATAKA
REVENUE DEPARTMENT
5TH FLOOR, M.S. BUILDING
2ND STAGE, Dr. B.R.AMBEDKAR VEEDHI
BENGALURU - 560001
REP BY ITS PRINCIPAL SECRETARY
2. BENGALURU DEVELOPMENT AUTHORITY
KUMARA PARK WEST, SANKEY ROAD,
BENGALURU - 560020
REP BY ITS COMMISSIONER
-6-
3. B.D.A. EMPLOYEES WELFARE
ASSOCIATION (REGD.)
OFFICE OF BENGALURU DEVELOPMENT
AUTHORITY COMPOUND
KUMARA PARK WEST
BENGALURU - 560020
REP BY ITS PRESIDENT ...RESPONDENTS
[BY SRI B.J.ESHWARAPPA, AGA FOR R-1;
SRI M.N.RAMANJANEYA GOWDA, ADV. FOR R-2;
SRI K.SACHINDRA KARANTH, ADV. FOR R-3.]
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DATED
22.02.2016 OF THE PETITIONERS VIDE ANNEXURE-A
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
The petitioners are claiming to be the retired employees of Bangalore Development Authority (BDA). The petitioners are members of respondent No.3 - Welfare Association i.e., BDA Employees Welfare Association.
2. It is contended that pursuant to the Government Order dated 19.04.2006 sanctioning the Scheme for the BDA employees, BDA ordered for release -7- of 45 acres of land in favour of BDA Employees Welfare Association. In pursuance to the said order, 42 acres of land was released in favour of respondent No.3. There are about 61 employees who are presently eligible for allotment of sites including the petitioners herein. Though the layout has been formed in 42 acres of land and sites have been allotted to other employees, the representations made by these petitioners for allotment of sites after releasing 3 acres of land to respondent No.3 - association and thereby to allot it to the petitioners, has not yielded any positive response. Hence, these petitions.
3. Learned counsel for respondent No.2 - BDA would submit that 43 acres 2 guntas of land was allotted to the respondent No.3 - Association. Subsequently, 2 acres 35 guntas of land was released by the BDA to respondent No.3 and the same has been returned back citing that the cost of the land is exorbitant.
-8-
4. Be that as it may, it was obligatory on the part of the respondents to consider the representations submitted by the petitioners. The said exercise not having not been done, it is appropriate for this Court to meet the ends of justice, to direct the respondents to consider the representations submitted at Annexures - A, B and C dated 22.02.2016 and 11.04.2016 respectively in accordance with law and take a decision in the matter in an expedite manner, preferably within a period of twelve weeks from the date of receipt of certified copy of this order. Ordered accordingly.
The writ petitions stand disposed of in terms of the above.
Sd/-
JUDGE PMR