Karnataka High Court
Sri S Vasudeva B.Com, B.L., vs Government Of Karnataka on 25 August, 2012
Equivalent citations: 2013 (3) AKR 303
Author: K.L.Manjunath
Bench: K.L.Manjunath
R
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF AUGUST, 2012
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
WRIT PETITION NOS.23475/2010
C/w
1032/2006 & 36275/2009(BDA-PIL)
IN W.P. No.23475/2010
BETWEEN
1 SRI S VASUDEVA, B.COM, B.L.,
ADVOCATE, ENROLLMENT NO 56/71,
NO 78/10, NANJAPPA BUILDING,
SUSHEELA ROAD, DODDAMAVALLI
BANGALORE 560 004
... PETITIONER
(By Sri: S VASUDEVA, PARTY-IN-PERSON)
AND :
1 GOVERNMENT OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA VEEDHI,
BANGALORE 560 001
2 THE SECRETARY
HOUSE AND URBAN DEVELOPMENT
DEPARTMENT, M S BUILDING
BANGALORE 560 001
2
3 THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARAPARK WEST
BANGALORE 560 020
4 D V SADANANDA GOWDA (MP)
NO 1/332/1, VASUKI RAILWAY QUARTERS
ROAD, PADIL, PUTTUR 574 201
DAKSHINA KANNADA
5 VISHWANATH PATIL (MLA)
HEBBAL,
CHITHAPURA CONSTITUENCY
6 D N JEEVARAJ (MLA)
SHRUNGERI CONSTITUENCY
DWARAMAKKI, B H KAIMARA (PO)
NARASHIMARAJAPURA
CHIKKAMAGALUR DISTRICT
7 B SATHYANARAYANA (MLA)
SHIRA CONSTITUENCY
8 K N RAJANNA (MLA)
BELLAVI CONSTITUENCY
TUMKUR DISTRICT
9 M T KIRSHNAPPA (MLA)
THURUVEKERE CONSTITUENCY
10 M SRINIVAS (MLA)
PES ENGINEERING COLLEGE ROAD
MANDYA
11 B V VENKATA MUNIYAPPA (MLA)
BETHAMANGALA CONSTITUENCY
MANDYA
12 S BALARAJU (MLA)
KOLLEGALA RESERVE CONSTITUENCY
CHAMARAJA NAGARA DISTRICT
3
13. VITTAL HERUR (MLC)
TAYAB, KOTUR NIVAS,
PLOT NO 1047,
ASHOKNAGAR,
GULBARGA
14 C H VIJAYASHANKAR (MP)
NO 41, KHB COLONY
HANASUR
15 HAKYA GOL DATTA YELLAPPA(MLA)
S.V. COLLEGE ROAD
ANANDA NAGAR,
GULBARGA
16 SHASHIL G NAMOSHI
S.V. COLLEGE ROAD
GULBARGA
17 M SHIVANNA (MP)
NO 1855, SHREYAS I CROSS
K BLK KEVEMPU NAGAR,
MYSORE
18 R K RATHOD (MLA)
BELLURI, CONSTITUENCY
NO 159, KHB COLONY
SOLLAPURA ROAD
BIJAPURA
19 S L DHARMEGOWDA (MLA)
BEERUR CONSTITUENCY
CHIKKAMAGALURU DISTRICT
20 H M VISHWANATH (MLA)
ALURU CONSTITUENCY
SAKALESHPURA
21 H S PRAKASH (MLA)
HASSAN CONSTITUENCY
4
22 S R SRINIVAS (MLA)
GUBBI CONSTITUENCY
TUMKUR DISTRICT
23 SUNITHA VEERAPPAGOWDA (MLA)
BANNUR CONSTITUENCY
ESHWARI NILAYA, THYAGARAJA MOHALLA
BANNUR TOWN, MYSORE DISTRICT
24 VEERANNA C CHARANTHI MATTA (MLA)
BAGALAKOTE CONSTITUENCY
BAGALKOTE
25 ARAGA JNANENDRA (MLA)
THEERTHAHALLY CONSTITUENCY
GUDDEKOPPA MANE,
THEERTHAHALLY, SHIMOGA DISTRICT
26 DR VEERABASAVANTHA REDDY (MLA)
MUDNALA YADAGIRI CONSTITUENCY
GULBARGA DISTRICT
27 H NINGAPPA (MLA)
KUNIGAL CONSTITUENCY
28 N MUNISHAMAPPA (MLA)
SHIDLAGATTA CONSTITUENCY
29 SHIVARAJA SHARANAPPA SAJJANARA (MLA)
HAVERI CONSTITUENCY
30 R B SERIYANNANAVAR (MLA)
NAVALGUNDA
31 RAJASHEKAR SINDUR (MLA)
SHIGGAV
32 DODDANAGOWDA PATIL (MLA)
HUNAGUNDA
5
33 MURUGESH R NIRANI (MLA)
BILAGI CONSTITUENCY
BAGALKOT DISTRICT
34 L S SAVADI (MLA)
ATHANI, NAGANUR (PO)
ATHANI (TALUK )
BELGAUM DISTRICT
35 KALAKAPPA G BANDI (MLA)
GOKAKA CONSTITUENCY
GADAG DISTRICT
36 APPU PATTANASHETTY (MLA)
BIJAPURA
37 T GURUSIDDANA GOWDA (MLA)
JAGALURU CONSTITUENCY, JAGALURU
DAVANAGERE DISTRICT
38 G VEERAPPA KESARAHATTI (MLA)
KANAKAGIRI CONSTITUENCY
GANGAVATHI (TALUK ) KOPPALA DISTRICT
39 A.B. RAMESH
AREKERE, SRIRANGAPATNA
40 B C PATIL (MLA)
HOSUR CROSS, CHIKERUR ROAD,
HIREKERUR HAVERI DISTRICT
41 SURESH SHI MARIHALA (MLA)
RACHAPPANAVARA NILAYA,
BASAPURA CROSS, KITHUR
BYLAHONGALA (TALUK)
42 MAHADEVAPPA S YADAVADA (MLA)
SOMESHWARA NILAYA
A.P. NAVIPETE BASAVA MARGA,
RAMADURGA BELAGAVI
6
43 BHIMAPPA SARIKARA (MLA)
OM SAIDHAM VIDYANAGARA
ARUGERI, RAYABAG (TALUK) BELGAUM
44 SHASHIKANTH AKAPPA NAIK (MLA)
HOSUR, HUKKERI (TALUK)
BELGAUM DISTRICT
45 NEHRU C OLEKAR (MLA)
MUKKAM SIDENURU VILLAGE
BYADAGI (TALUK), HAVERI DISTRICT
46 M P RENUKA CHARYA (MLA)
NO 1/D BEHIND GANGA SWAMY
HIREMATTA HONNALLI
DAVANAGERE DISTRICT
47 HALADI SRINIVASASHETTY (MLA)
KUNDAPURA CONSTITUENCY, HALADI
KUNDAPURA TALUK, UDUPI DISTRICT
48 H G RAMESH
NO 141, SAIDEEPA
3RD MAIN ROAD, I BLOCK
DOLLARS COLONY
ASHWATH NAGAR, RMV II
BANGALORE 560 094
49 H VISHWANATH
NO 1197, 3RD CROSS
HAL 3RD STAGE,
NEW THIPPASANDRA,
BANGALORE 560 075
50 VIRUPAKSHAPPA B RAYAREDDY
NO 380, I CROSS 4TH BLK,
KORAMANGALA
BANGALORE 560 034
51 K. NAGARAJ,
NO.1/6, 12TH CROSS, 3RD BLK,
7
T.R. NAGAR, BANGALORE.
560028
52 K.L. KUMAR,
NO.28, KUMARAKRUPA, GOVT.
GUEST HOUSE, HIGH GROUND,
BANGALORE 560001
53 ANAND,
NO.3/1, 5TH MAIN ROAD,
PWD QUARTERS,
JAYAMAHAL, BANGALORE.
560046
54 BHASKAR,
NO.36, KUMARAKRUPA,
GOVT. GUEST HOUSE,
HIGH GROUND, BANGALORE.
560001
55 INDIRA,
NO.40/41, 1ST MAIN ROAD,
2ND CROSS ROAD,
LOWER PALACE ARCHARD,
BANGALORE.
56 PRAHALAD JOSHI,
DARWAD NORTHL, NO.122/D, MAYURI ESTATE,
KESHAVAPURA, HUBLI-580 023.
57 DR. K.N. PREETHAN,
NO.93,L 6TH CROSS ROAD,
BTM 2ND STAGE, BANGALORE.
560076
58 JADEMURTHY BANNUR,
NO.13, III WARD, OM PARADISE,
KRISHNAM SHETTY ROAD, BELLARY.
59 NAGAMANI NAGEGOWDA (MLA),
NO.463/G, 12TH MAIN,
8
RMV EXTENSION,
BANGALORE.
60 M.P. INDUMATHI,
NO.48/3, 14-B9, 5TH E CROSS,
WEAVERS COLONY, ATTIGUPPE,
BANGALORE. 560040
61 PAPA REDDY(MLA),
BLK NO.5, H.NO.7, PWD QUARTERS,
LALBAG SIDDAPURA,
JAYANAGARA 1ST BLK,
BANGALORE.
62 B. NANJAMANI(MLA),
TIPTUR CONSTITUENCY,
TIPTUR.
63 M.S. SOMALINGAPPA(MLA),
SHIRAGUPPA CONSTIUENCY,
TEKKALAKOTE, BELLARI DISTRICT.
64 ARUN MACHAIAH(MLC),
NO.230, LEGISLATURES HOME,
NEAR VIDHANA SOUDHA,
BANGALORE. 560001
65 M.P. KUMARA SWAMY(MLA),
MEKANAGADDE, MUDIGERE,
CHIKKAMAGALURU DISTRICT.
66 G. BASAVANNAPPA(MLA),
NO.307, 14TH MAIN, RAJAMAHAL VILAS,
SADASHIVANAGARA, BANGALORE.
560080
67 R. ROSHAN BAIG(MLA),
NO.94/2, 9TH CROSS,
RMV EXTENSION, SADASHIVANAGARA,
BANGALORE.
560080
9
68 K. SHARANAPPA(EX. MLA),
KUSTAGI CONSTITUENCY.
69 D.S. MADAPPA(EX.MLA),
MADAKERI CONSTITUENCY,
MADAKERI.
70 SHANKUNTALA T. SHETTY(MLA),
PUTTUR CONSTITUENCY,
PUTTUR.
71 MALALI NATARAJA KUMAR,
NO.28/28, 1ST MAIN,
SHESHADRIPURAM, BANGALORE.
560020
72 PADMANABHA KOTARI(MLA),
VITTALA CONSTITUENCY, VITTALA.
73 G. CHANDRANNA KRISHNA(MLA),
KORAMARA BEEDI, TALUK KACHERI ROAD,
DEVANAHALLI.
74 M.J. APPAJI (EX.MLA),
JOQ 1 NEW TOWN,
BHADRAVATHI.
75 S.M. DEEPA,
NO.1138/E, A 3RD MAIN,
VIJAYANAGARA, BANGALORE.
560040
76 PALLAVI NADAGOWDA(MLA),
NO.179, 11TH CROSS, 3RD MAIN,
RMV 2ND STAGE, BANGALORE.
77 HEMALATHA RAMESH,
NO.42, I FLOOR, OPP. M.S. RAMAIAH
HOSPITAL, NEW BEL ROAD,
RMV II STAGE, BANGALORE.
560094
10
78 R. ASHOK(MINISTER),
MINISTER FOR HEALTH & FAMILY WELFARE,
VIDHANA SOUDHA, BANGALORE.
79 B.R. MAMTHA,
NO.310, 15TH CROSS, SADASHIVANAGARA,
BANGALORE.
560080
80 M. VENKATESH,
NO.60, I MAIN, PREMNAGAR,
KEMPEGOWDA LAYOUT,
LEGGERE VILLAGE, BANGALORE.
81 CHANDROJI RAO,
NO.105/C, PWD QUARTERS,
KAVALBYRASANDRA,
BANGALORE.560032
82 SHEELA GOWRI,
NO.5, II FLOOR, I CROSS,
N.K. PALYA, SHIVAJI ROAD,
SHIVAJI NAGAR,
BANGALORE.560051
83 THONTADARYA(MLC),
NO.208, 12TH MAIN, 3RD CROSS,
SARASWATHIPURAM,
MYSORE.
84 C. GURUNATH(EX-MINISTER)
NO.165, S.R. -11, HMT COLONY,
SHAHABAD, GULBARGA DISTRICT.
85 KRISHNA(FORMER DEPUTY MAYOR, MYSORE),
NO.839, SHIVARATHRISHWARA NAGARA,
BANNIMANTAPA LAYOUT,
MYSORE-570001
86 J. PADMA,
NO.187, 4TH MAIN ROAD,
11
11TH CROSS, BEML EXTENSION,
BASAVESHWARA NAGARA,
BANGALORE.
87 VYJYANTAHA PATIL(MLA),
CHINCHOLI CONSTITUENCY,
CHINCHOLI.
88 DR. SHARANAPRAKASH PATIL(MLA),
SEDAM, HUDUGI(P), SEDAM(T),
GULBARGA DISTRICT.
89 N.S. BOSARAJU(MLA),
CHAIRMAN, HYDRABAD KARNATAKA,
PRADESHABHIVRUDI MANDALI,
ABHIVRUDHI BAVANA, IVANA-E-SHAI,
GULBARGA.
90 KUMARI HEMA BADARLI,
NO.400, 3RD MAIN, 2ND BLK,
R.T. NAGAR, BANGALORE.
91 SMT. USHA(CINI ARTIST),
NO.4, I FLOOR, II MAIN,
RPC LAYOUT, BANGALORE.
92 AMARNATH GOWDA,
NO.336, 25TH CROSS,
9TH MAIN, BSK.
93 S.H. SURESH,
MUDDEBIHALA(TALUK),
BIJAPUR DISTRICT.
94 MANOHAR MASKI(MLC),
MLC, RAICHUR.
95 SURESH ANGADI(MP),
SAMPIGE ROAD,
BELGAUM.
12
96 SMT. VINODHA,
NO.3/12, (NEW NO.4), 4TH CROSS,
7TH MAIN ROAD, 4TH PHASE,
BSK 3RD STAGE, BANGALORE.
560085
97 K.G. BOPAIAH(MLA), (SPEAKER)
NO.23/232, WOODLANDS SUN KANTHI CLUB,
NEAR MADIKERI,
KODAGU DISTRICT.
98 RATHNAKAR NAIK(OFFICIAL IN CMS OFFICE,
SHILPAVILLA, VIDHANA SOUDHA),
NEW RAILWAY STATION, YESHWANTHPUR,
B.K. NAGAR ROAD, BANGALORE.
560022
99 M. KUMAR (DRIVER IN ITBT DEPT.),
NO.85/3, KPW QUARTERS,
J.B. NAGAR, BANGLAORE- 560075
100 NARAYANAMMA
HOUSEWIFE
NO.103/D 4THMAIN
KSRTC KUVEMPU NAGAR, N BLK,
MYSORE.
101 H V JAYALAKSHMI
NO.136/2, 13TH MAIN 5TH CROSS
HAL III STAGE, KODIHALLY
BANGALORE 560 008
102 RATHNAKAR
S/O D.MANJUNATH
AGED ABOUT 43 YEARS
R/AT NO.758, 5TH MAIN ROAD,
8TH CROSS, II BLOCK
R.T.NAGAR, BANGALORE - 560 032
103 ASHOK G SHABADHI (MLA)
ANDHIGANUR (PO)
13
SINDHAGI (TQ)
BIJAPUR DISTRICT.
104 H S SHIVASHANKAR (MLC)
NO.218 3RD MAIN ROAD,
P..G LAYOUT,
DAVANAGERE 577 002
105 C B SURESH BABU (EX-MLA)
CHIKKNAYAKANAHALLI,
CONSTITUENCY TUMKUR DISTRICGT
TUMKUR 577 214
106 RUDRAPPA M LAMANI (EX-MLA)
C/O G.T. NAYAK
A-2 BLK NO.5, COD QUARTERS
NEELASANDRA AUSTIN TOWN,
BANGALORE 560 047
107 H S NANJEGOWDA
GOVT. SERVANT,
C/O S.T. RAMESH B-19, NGO
QUARTERS RAJAJINAGAR,
BANGALORE 560 010
108 R BABU
BUSINESS
NO.1886, SOURABHA, 10TH MAIN,
34TH CROSS, BSK II STAGE,
BANGALORE 560 070
109 NAVAB JOHN
(GUEST HOUSE MANAGER)
NO.217, RANKA APARTMENTS
CV RAMAN RAOD, RMV EXTENSION,
SADASHIVANAGAR
BANGALORE 560 080
110 Y HARISH
NO.305, VARAMAVU VILLAGE,
BANGALORE 560 043
14
111 P R SURESH
C/O SUJENDRA
C-57, KHB QUARTERS, KAVAL BYRASANDRA
BANGALORE 560 033
112 SYDAPPA
NO.107/C KHB QUARTERS,
KAVAL BYRASANDRA
BANGALORE 560 033
113 RAJASHEKAR
(DRIVER)
NO.258/9, 14TH CROSS
YELAHANKA NEW TOWN,
PWD QUARTERS, BANGALORE.
114 K JAYANNA
(GENERAL PROGRAMMER)
NO.1172/B, 5TH MAIN A BLK,
II STAGE, RAJAJINAGAR,
BANGALORE 10
115 M B BIRADAR
(SHIRASTEDAR)
NO.336, II A MAIN, DOMLUR LAYOUT
BANGALORE 560 071
116 N R LOKESH
(SECRETRIAT CLASS IV EMP)
NO.108, 9/1 QUARTERS
SLUM CLEARANCE BOARD,
LAGGERE KAVERI NAGAR,
BANGALORE 560 058
117 B C BHARATHI
(STENOGRAPHER)
NO.17, 10TH CROSS, SWIMMING
POOL EXTENSION,MALLESHWARAM,
BANGALORE 560 003
15
118 SHIVAMADU
(TYPIEST, SMALL IRRIGATION DEPARTMENT)
S/O PUTTA MADHEGOWDA
NO.194, II G MAI ROAD,
11TH BLK, 2ND STAGE,
NAGARBHAVI, BANGALORE 72.
119 M K SUDHA
(HOUSEWIFE)
D/O LATE M.S.KEMPEGOWDA
THOTADAMANE MADHANE VILLAGE
MATHIGATTA (PO)
CHANNARAYPAATTANA TALUK.
120 M SHANKAR
(JAMEDHAR)
NO.263/8, PWD QUARTERS,
M.S.BUILDING, YELAHANKA UPANAGARA,
BANGALORE 54
121 K M MADHESHA
C/O M.S.KRISHNEGOWDA
8TH CROSS, NARAYANAREDDYLAYOUT,
NEAR ST.ANTHONY COLLEGE
RAMAMURTHYNAGAR, BANGALORE 3.
122 B P THIMMAIAH
(SECRETARIAT CLASS IV EMP)
NO.854, 10THMAIN DIVANARAPALYA
GOKULA (PO)
YESHWANTHPURA
BANGALORE 560 053
123 N SHANKARAIAH
(DRIVER)
NO.C-144, PWD QUARTERS
KAVAL BYRASANDRA, BANGALORE.
124 M GILBERT
(DRIVER IN CM OFFICE)
NO.16, 7THC ROSS MUNINANJAPPA BLOCK
16
DINNUR, R.T.NAGAR (PO)
BANGALORE 560 032
125 BETTASWAMY
(ASSISTANT)
C/O JAYAMMA NO.28, 6TH CROSS
VINAYAKA NAGAR, OLD GUDDADAHALLI,
MYSORE ROAD, BANGALORE 26
126 SRINIVAS
(DRIVER)
C/O SIDDAGANGAPPA
NO.8, 5TH CROSS II MAIN,
GOVINDARAJA NAGAR,
BANGALORE 56 0040
127 YASHODHAMMA
NO.205, RMV II STAGE,
NAGASHETTIHALLY
BANGALORE 560 094
128 PUSHPA
(HOUSEWIFE)
D/O MAHALINGEGOWDA
SOSALAGERE VILALGE, AKKANAHALLI (PO)
NUGGEHALLI (HO)
CHANNARAYAPATNA.
129 VILAS BABU ALUMELKAR (MLA)
LIG NO.46, HUDUPA COLONY,
JALA NAGAR, VIJAPUR.
130 N MANJULA
(HOUSE WIFE)
NO.11, 6TH CROSS VASANTHAPPA BLK,
GANGANAGAR,
BANGALORE 32
131 S VIMALA
(SOCIAL WORKER)
NO.48, 9TH CROSS J.P.NAGAR,
17
I PHASE, BANGALORE.
132 RADHAMMA
(BUSINESS)
NO.566, DEEWANS ROAD,
MYSORE
133 K MANJULA
(HOUSEWIFE)
GOTTEGERE GRAMA, BANNERGATTA ROAD,
BANGALORE 560 083
134 KARADI SANGANNA (EX-MLA)
KENNARA ROAD, KOPPALA
135 T M CHANDRASHEKARAIAH (MLA)
SADASHIVANAGAR, SIRAGUPPA
BELLARY DISTRICT.
136 M VENKATESH KUMAR
(PWD CONTRACTOR)
NO.314, 11TH CROSS, 25TH MAIN,
J P NAGAR MAIN ROAD, BANGALORE.
137 CHANDRAKALA
NO.24, 4THMAIN GANGENAHALLI
BANGALORE 32.
138 P S GURUSIDDAPPA
(RTD. CENTRAL GOVT.)
NO.32/5, 8TH MAIN, 11TH CROSS
MALLESHWARAM,
BANGALORE-3
139 M CHANDRASHEKAR
(PRIVATE SERVICE)
NO.119, 16TH CROSS I BLK
RAJAJINAGAR,
BANGALORE 560 010
18
140 K MUNIRAJU
(COMPUTER ASST.)
NO.180, HMT QUARTERS HMT
LAYOUT, JALAHALLI, BANGALORE.
141 NAGANNA
(GOVT. SERVANT)
NO.21, IST FLOOR 80 FEET ROAD,
HMT LAYOUYT, R T NAGAR
BANGALORE 32
142 VISHWANATH KARABASAPPA (MLA)
MAMANI
ROOM NO.533, LF -II BANGALORE.
143 P SUNDARA MURTHY
(GOVT. SERVANT)
NO.39, II CROSS, SAIBADA NAGAR
S.R.PURAM,
BANGALORE 21
144 N RAVICHANDRA
NO.4076, 19TH MAIN 5TH A CROSS
HAL II STAGE,
INDIRANAGARA,
BANGALORE 8
145 MANJUNATH C K
NO.C-148, PWD QUARTERS
KHB COLONY KAVAL BYRASANDRA
BANGALORE 32
146 RAJESHWARI ARJUN
NO.575, III CROSS, MAHALAKSHMI
LAYOUT, BANGALORE 86
147 P GURUSWAMY
NO.80/3, A TYPE PWD QUARTERS
B NAGAR, BANGALORE.
19
148 SURESH V BHAT
(GOVT. SERVANT)
NO.206, 7TH CROSS, IST N BLCOK
RAJAJINAGAR,
BANGALORE 560 010
149 B R KERU
(PRIVATE)
NO.550/B, 6TH A MAIN
HANUMANTHANAGAR
BANGALORE.
150 D S CHANDRASHEKAR
(BUSINESS)
NO.26, RMV II STAGE, I MAIN,
DOLLAR COLONY, BANGLAORE 94.
151 A KRISHNA
(P.C.)
NO.5, IST CROSS R.K.STREET,
SHESHADRIPURAM, BANGALORE 20
152 K M THIMMEGOWDA
(CONTRACT BASIS)
NO.5, IST CROSS R.K.STREET,
NO.360, SBI COLONY KAMALA NAGAR,
BANGALORE 79
153 K SARASWATHI
(HOUSEWIFE)
NO.C-23, II MAIN PWD QUARTERS
KAVAL BYRASANDRA (R.T.NAGAR (PO)
BANGALORE 560 032
154 S L MANJU
(PEON)
NO.257/9, M.S.BUILDING,
14TH B CROSS, PWD QUARTERS
YELAHANKA UPANAGARA
BANGALORE 560 064
20
155 B P JAYAVANTH KUMAR
(GOVT. SERVANT)
NO.27-28, II CROSS, PSR BLK,
BASAVESHWARA EXTENSION,
R.T.NAGAR BANGALORE 98
156 SMT A B KAMAVVA
(HOUSE WIFE)
NO.3, IST A CROSS MAHALAKSHMI LAYOUT,
BANGALORE 86
157 PUSHPALATH R
(WIPRO INFRASTRUCTURE)
NO.13, IST MAIN, IST C CROSS
VIJAYANAGARA, MANUVANA
BANGALORE 40
158 K ARUNBABU
(TYPIST GOVT. SERVANT)
A-67/2 KPWD QUARTEDRS
J B NAGAR, BANGLAORE 85
159 KRISHNAPPA
(POLICE)
NO.122, B M ROAD, GANDHINAGAR,
RAMANAGARA TOWN
BANGALORE DSITRICT.
160 S GOPALRAO
(GOVT. SERVANT)
NO.4381/4, 4TH CROSS 14TH MAIN,
SUBRAMANYA NAGAR
BANGALORE 21
161 M A MOHAMED JOHN
NO.19, 5TH MAIN, KHB BLK
GNAGANAGAR BANGALORE 560 032
162 TARADEVI A SWAMY
NO.534, 4TH CROSS
HMT LAYOUT,
21
GANGANAGAR, BANGALORE 32
163 YOGANANDA
(GOVT. SERVANT)
NO.33, MIST MAIN PIPELINE WEST,
KASTURIBA NAGAR
BANGLAORE 560 026
164 B B VEENA
(TYPIST)
NO.13, IST MAIN, II STAGE,
KARANTAKA LAYOUT,
BASAVESHWARA NAGAR,
BANGALORE 560 079
165 M G PATIL
(AGRICULTURE)
C/O B.S.PATIL NO.124, 6TH C MAIN
REMCO LAYOUT, BANGALORE 40
166 K B SHARADAMMA
HULIKERE VILALGE MADABALU (HO)
MAGADI (TQ)
167 N NANJAPPA
NO.CS-91/116, RAJEEV GANDHI NAGAR,
6TH CROSS, II ROAD,
JARAGANAHALLI
BANGALORE 560 078
168 ABDUL AJEEM (MLC)
NO.3, II F MAIN, 60 FEET ROAD,
BOMMASANDRA NEW EXTENSION,
SANJAYA NAGAR, BANGALROE.
169 C NAGARAJU
(GOVT. SERVANT)
NO.6, 3RD BLK PWD QUARTERS
SIDDAPURA JAYANAGARA, BANGALORE.
22
170 S RAJU
NO.15, 4TH BLK KGF QUARTERS
THIMMENAHALLI, BANGALORE 560 079
171 H R RAVICHADNRA REDDY
(CONTRACT BASIS)
NO.11, II CROSS, SHAMANNA GARDEN
WILSON GARDEN, BANGALOER 27.
172 A SHAKUNTALA NATH
NO.18/2, RISHAB 7TH MAIN,
5THC ROSS
SRIRAMPURAM, BANGALORE.
173 M S MALLIKARJUN
NO.53/A II CROSS, KALIDAS ROAD,
JAYALAKSHMIPURAM, BANGALORE.
174 MANOHAR K KINEKAR (MLA)
LH-2 ROOM NO.505,
BANGALORE 560 001
175 DIGAMBAR Y PATIL (MLA)
LH-2 ROOM NO.34,
BANGALORE 560 001
176 K NEMINATH
(RTD. CENTRAL GOVT.)
NO.431,5TH CROSS 7TH BLK WEST
JAYANAGAR, BANGALORE 82
177 K LATHA
(GOVT. OFFICIAL)
NO.6, NEAR ASHOK STORE
NAGASHETTIHALLY RMV II STAGE,
BANGALORE 94
178 LALITHA
(HOUSE WIFE)
NO.228/1, 3RD MAIN, MARUTHINAGAR,
BANGALORE 65
23
179 M C NAGARAJU
(GOVT. SERVANT)
A-104/1, GOVT. QUARTERS
J.B NAGAR BANGALORE 73
180 ASHADEVI
(CONTRACT BASIS)
NO.16, IST MAIN, 9TH CROSS
SVG NAGAR, MUDALAPALYA
BANGALORE 560 079
181 K T JAGADISH
(JAMEDHAR)
NO.14, COTTON HOUSE, COD QUARTERS
PALACE ROAD,
BANGALORE 560 001
182 H JAGADISH
(GOVT. SERVANT)
NO.2516, NEXT TO SUJATHA TENT,
T.DASARAHALLI BANGALORE 560 057
183 VIJAYAPATIL
(JR. ASSISTANT)
NO.92/1 A, 6TH CROSS PRAKASH NAGAR,
BANGALORE 560 021
184 V P ASHARANI
NO.376, 12TH CROSS, 5TH MAIN
DOLLAR COLONY, BANGALORE 94
185 S SAVITHARANI
(SENIOR CLERK)
NO.9, KRISHNAPPA GARDEN,
KENGERI SETTLET TOWN
BANGALORE 560 060
186 DEVAPPA
C/O 3, GOVT. QUARTERS
GNADHIBHAVAN RAOD, K.P.WEST
BANGALORE 560 001
24
187 NARAYANARAO
(POLICE DEPARTMENT)
NO.18, LINK ROAD,
SHESHADRIPURAM,
BANGALORE 20
188 MAHADEVAPPA PATIL
(AGRICULTURE)
D-3, III BLK, SAMITHA GREEN HOUSE
4TH A CROSS
CHANNAKESHAVA LAYOUT
KAGGADASAPURA
BANGALORE 93
189 SHIVARUDRAIAH
NO.38, 9TH CROSS 17TH MAIN,
BSK III STAGE, MUNESHWARA BLK,
BANGALORE 26
190 T K PANKAJAM
(HOUSE WIFE)
NO.676/1, 3RD CROSS
UDAYANAGAR BANGALORE.
191 M JAYAMMA
(HOUSE WIFE)
NO.569, 14TH B MAIN,
GOKULA I STAGE, MATHIKERE
BANGALORE.
192 B LAKKAPPA
(EX-MLA)
KODAGAL ROAD SOUTH EXTENSION,
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT.
193 K H SATISH KUMAR
NO.61/1, IST MAIN ROAD,
GAYATHRI NAGAR,
BANGALORE.
25
194 P GOPAL
(SOCIAL WORKER)
D-10, RAJABHAVAN QUARTERS
BANGALORE 1.
195 K SHASHIKANTH ARIGA
(GOVT. SERVANT)
A-122/2, KPWD QUARTERS B NAGAR,
BANGALORE 75
196 MUSTHAQ AHMED SHAREEF
(GOVT. SERVANT)
NO.11/2 H V LANE
PARVATHIPURAM,BANGALORE 4
197 ESHWAR RAO
NO.9, KUMARA KRUPA GUEST HOUSE
STAFF QUARTERS BANGALORE.
198 S K PRABHU
(GRAPHI DESIGNER)
NO.1/2, OPP. PRERANA JYOTHI
ASHRAMA PUTTENAHALLI,
J P NAGAR, 7TH PHASE BANGALORE.
199 S V MUDDAPPA
(PRIVATE)
A-44, 3RD MAIN, E BLK II STAGE,
RAJAJINAGAR, BANGALORE 10
200 B N BRAHMACHARYA
(RTD. GOVT. SERVANT)
NO.2206/16, 12TH A MAIN
RAJAJINAGAR, BANGALORE 10
201 LEELABAI
(RTD.) NO.20/B, 4TH CROSS,
BAPUJINAGAR, MYSORE ROAD,
BANGLAORE 26
26
202 SANATH KUMAR UDUPA
(PRIVATE)
NO.383, 57TH CROSS ROAD,
III STAGE,RAJAJINAGAR BANGALORE 560 010
203 YASMAN TAJ
NO.11, MM EXTENSION, R.T.NAGAR,
BANGALORE 32
204 ANUP KUMAR
NO.265, 10TH MAIN I BLK
JAYANAGAR,
BANGALORE 560 011
205 KOMALA
HOUSEWIFE
NO.10/2, 4THMAIN RAJAMAHAL
GUTTAHALLI BANGALORE 3
206 P M BACHEGOWDA
DRIVER
NO.54, 3RD MAIN, SRIRAMA MANDHIRA ROAD,
KAMAKSHIPALYA, BANGALORE 79
207 K H PREMA
SOCIAL WORKER
KENCHAGONAHALLI MAYAGANAHALLI
BINIDGANA VILE, NAGAMANGALA
TALUK, MANDYA DISTRICT.
208 R GANGADHAR
NO.1088, II CROSS NEW BEEDHI
YELAHANKA
BANGALORE 64.
209 H M GANESH PRASAD
BUSINESS
NO.20, GAGANA CHUMBI ROAD,
KUVEMPUNAGAR MYSORE.
27
210 V V UDAYA KUMAR
AGRICULTURE
HODIYANDAHALLI HARAKERE HOBLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT.
211 VIJAYALAKSHMI
JR. PROGRAMMER
NO.1816, 23RD CROSS
GOVINDARAJA NAGAR,
BANGALORE 40
212 P SURESH
GOVT. SERVANT
SOSSALAGERE AKKANAHALLI (PO)
NUGGEHALLI (HO)
CHANNARAYANAPATNA TALUK
HASSAN.
213 K SRINIVASAGOWDA
ENGINEER
NO.2052, HIGH POINT PALACE ROAD,
BANGALORE 1
214 SHARANAGOWDA A PATIL
TAHSILDAR OFFICE ROAD,
LINGASAGUR RAICHUR DISTRICT.
215 K S JYOTHI
HOUSEWIFE
BUDAL ROAD,
DAVANAGERE 577 001
216 R PUNYAKOTI
AGE 44 UEARS
R/AT NO.10, III MAIN, 11TH CROSS
SRIGANDADAKAVAL,
BANGALORE-1
217 S KRISHNA
C/O POOJA ARTICALS
28
RAMAKRISHNA BUIDLING
MARATHAHALLI MAINR AOD,
BANGALORE.
218 K H PARTHASARATHI
SDA
NO.47, 9THC ROSS CHOLURPALYA
MAGADI RAOD, BANGALORE 26.
219 K THYAGARAJ
AGRICULTURE
KADABAGERE MAGADI ROAD,
BANGALORE RURAL DISTRICT.
220 PRAKASH
NO.286, III MAIN, III PHASE
J P NAGAR, BANGALORE 78.
221 KUMARI H G CHAITRA
SINGER
NO.425, 7TH MAIN ISRO LAYOUT
BANGALORE
222 NAGARAJA B JAMAKHANDI
JOURNALIST
NO.22/1, KAVRIYAPPA EXTENSION,
MILLAR TANK, BANGALORE 62.
223 NAGAMMA
NO.584/3, 2ND STAGE, 10TH MAIN
BASAVESHWARA NAGAR
BANGALORE.
224 T REKHA
NO.115, 14TH CROSS
BHUVANESHWARI NAGAR
MAGADI RAOD,
BANGALORE.
225 SWARNA MANJULA
HOUSEWIFE
29
NO.397, 65TH CROSS, III MAIN,
R.K.PALACE KAVERI NAGAR,
R.T.NAGAR, BANGALORE 32
226 REHMAN KHAN
RTD. GOVT. SERVANT
NO.11, 3RD CROSS, 3RD MAIN,
R.K.PALACE KAVERINAGAR,
R.T.NAGAR, BANGALORE 32.
227 M R JETTOJI RAO
WAITER
NO.1416, RACE VIEW COMPOUND,
CRESCENT ROAD, HIGH GROUNDS
BANGALORE 1
228 BASAMMA
SANTHEBENNUR
KOTE ROAD,
CHANNAGIRI TALUK
DAVANAGERE DISTRICT.
229 ASHOK C KUMBAR
GOVT. SERVANT
NO.18, KARNATAKA BHAVAN QUARTERS
II PHASE S-6, CHANUKYAPURI NEW DELHI.
230 DHAKSHAYINI
A-102/1, KPWD QUARTERS
J B NAGAR,
BANGLAORE 75
231 B NAGARAJAIAH
GOVT. SERVANT
U-5, III BLK KGS QUARTERS
GOVINDARAJA NAGAR
BANGALORE 79.
SINCE DECEASED BY LRS:
30
a) SMT. SHIVARATHNA
W/O B.NAGARAJAIH
AGE: 40 YEARS,
HOUSEHOLD WORK
b) N.SOWMYA, D/O B.NAGARAJAIH
AGE: 24 YEARS,
HOUSEHOLD WORK,
c) N.RAMYA, D/O B.NAGARAJAIH
AGE: 23 YEARS
GOVT. EMPLOYEE.
ALL ARE R/O.5,
3RD BLOCK, K.G.S.QUARTERS
GOVINDARAJA NAGAR,
BANGALORE 560 079
232 T AMARANATH
NO.514, 2ND B CROSS
14TH MAIN, GOKULA IST STAGE
MATHIKERE, BANGALORE 54.
233 M N LAKSHMIDEVI
NO.687/17, 2ND FLOOR 8TH MAIN
RPC LAYOUT, VIJAYANAGAR
2ND STAGE, BANGALOER.
234 B JAYA
NO.69/1, 9TH CROSS, 2ND MAIN,
CHAMARAJPET
BANGALORE 18
235 JAYANTH M THINEKAR
NO.34/B, VAGALEGALLI
KANAPURA 591 302
236 SABIRA BEGAM
NO.130, BILEKANAHALLY DOLLAR COLONY
BTM 2ND STAGE, BANGALORE.
31
237 VIDYAPRASANNA THIRTA SWAMIJI
SRI JAGADGURU MADHVACHARYA MAHA SAMSTHANA
KUKKE SUBRAMANYA,
SULYA TALUK,
DAKSHINA KANNADA 574 238
238 BASAVARAJ PATIL ITAGI
S/O LATE MALLIKARJUN GOWDA
R/AT DOOR NO.M-126,
NIJALINGAPPA COLONY
RAICHUR.
239 M N GURUMURTHY
MAJOR
R/AT DOOR NO. 1319-A GROUND FLOOR
32ND F CROSS
28TH MAIN, 4TH T BLOCK
JAYANAGAR, BANGALORE 4
240 K BASVARAJU HITNAL (MLA)
KOPPAL CONSTITUENCY
KOPPAL DISTRICT.
241 K S L SWAMY (MLC)
THURANAGAL SANDUR TALUK
BELLARY DSITRICT.
242 B P SINGH
C/O DOOR NO.160, IST MAIN,
10TH CROSS,
RAJAMAHAL VILAS
2ND STAGE,
BANGALORE 4
243 M C MANUGOOLI (MLA)
S/O LATE CHANNVEERAPPA
BANGARAMMA NILAYA
SINDAGI TALUK,
BIJAPUR DISTRICT.
244 DR V S ACHARYA
32
HOME MINISTER
GOVERNMENT OF KARNATAKA
RAVIKIRAN, KUNJU BETTA
UDUPI 2,
SINCE DECESED BY HIS LRS:
a) SMT.SAHANA ACHARYA
W/O LATE DR.V.S.ACHARYA
AGED ABOUT 65 YEARS
b) KHE ACHARYA
S/O LATE V.S.ACHARYA
MAJOR
BOTH OF THEM RESIDING AT
RAVI KIRAN, KUNJU BATTA, UDUPI-2
c) GANESH PRASAD
S/O LATE V.S.ACHARYA
d) RAVI RAJ
S/O LATE V.S.ACHARYA
e) BHARATHI HEBBEL
D/O DR. V.S.ACHARYA
f) KAJOL PRASAD,
S/o LATE DR.V.S.ACHARYA
245 C P ANITHA
AGE 23 YEARS
D/O C S PUTTARAJU
R/AT NO.397, NANJUDESHWARA NILAYA
IST FLOOR, 4TH MAIN, 25TH CROSS
BHSK 2ND STAGE, BANGALORE.
246 SRIKANTEGOWDA (MLC)
S/O LATE THIMMEGOWDA @ MOTEGOWDA
AGE 54 YEARS
NO.241, 5TH MAIN ROAD,
33
12TH CROSS, T.K.BADAVANE
MYSORE 570 009
247 GANGADHAR BHAT S/O NAGESH BHAT
AGED 50 YEARS
NEAR MAHAMAHEE TEMPLE
KANASAGIRI
SADASHIVAGUDDA
KHARWAR 581 352
248 BHARMEGOWDA (RAJU)
A-KAGE
S/O SRI ALLEGOWDA, BHARMEGOWDA KAGE
AGED 50 YEARS
SIDDESHWARA NAGAR
UGUR KURDE 591 316,
ATHANI TALUK, BELGAVI DISTRICT.
249 SACHIDANANDA L KOTHE
S/O LAKSHMAPPA KOTHE
AGED 52 YEARS
R/AT HEBBAL GRAMA POST
HUSAKERE TALUK,
BELGAVI DISTRICT
(SPEAKER KARNATAKA LEGISLATIVE COUNSEL)
250 VISHWESWARA ANANTHA HEGDE KENGERI
S/O ANANTHA HEGDE
AGED 49 YEARS,
MINISTER FOR EDUCATION
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE.
251 S N BASAVARAJ
MAJOR
R/AT NO.8, 4TH BLOCK
KHB COLONY
BANGALORE 560 071
252 V R CHANDRASHEKAR
34
S/O B T RAMASWAMY GOWDA
AGED ABOUT 50 YEARS
R/AT NO.50, SAFADAR JUNG LANE
NEW DELHI 110 011
... RESPONDENTS
(BY SRI.K.M.NATARAJ, ADDITIONAL ADVOCATE GENERAL
AND SRI.INDIRESH, AGA FOR R1 & 2;
SRI.B.RUDRAGOWDA,ADV. FOR R-33, 239;
M/S JAYAKUMAR S.PATIL ASSOCIATES FOR R67, 68, 134 &
135;
SRI. A.CHANDRA CHUD A.C.ASSOCIATES FOR R79, 96, 100,
101, 140 & 143;
SRI. B.SRINIVAS, ADV. FOR R 247;
SRI.S.MARIGOWDA, ADV. FOR R10;
SRI.C.N.MAHADESHWARA, ADV. FOR R5;
M/S V.J. KUMAR & ASSTS FOR R-173, 209 & 214;
SRI.R.RAJANNA, ADV. FOR R 248;
SRI.S.K.VENKATA REDDY, ADV. FOR R 27;
SRI. BASAVARAJ, ADV. FOR R-76;
SRI. MAHANTESH S.HOSAMATH, ADV. FOR R17;
SRI.NARAYANA REDDY, ADV. FOR R-199;
R.L.N.MURTHY ASSTS FOR R- 117, 171, 182, 218 & 220;
ADINATHA NARADE REVATHY ASSTS. FOR R-50;
SRI.K.V.NARASIMHAN, FOR R-200;
SRI.B.V.SHANKARA NARAYAN RAO, ADV. FOR R3;
SRI.D.J.GOVINDA RAJU, ADV. FOR R-137 & 162;
ASHOK HARANAHALLI ASSTS FOR R-11;
NAGAIAH, ADV. FOR R-59;
SRI.S.G.BHAGAWAN, ADV. FOR R-151;
SRI.R.SOMASUNDARA, ADV. FOR R-23;
SRI.C.H.JADAV, ADV. FOR R-114, 108, 125, 163, 169, 170,
202, 224, 121, 205, 157, 158, 159, 189, 193 & 212;
SRI.A.MADHUSUDHANA RAO, ADV. FOR R-237;
S.RAJU & ASSTS FOR R-7;
SRI.B.C.SEETHARAMA RAO, ADV. FOR R-155;
SRI.G.D.ASWATHANARAYANA, ADV. FOR R-15;
SUSHEEL ASSTS LAW FIRM FOR R-103;
SRI.N.K.RAMESH, ADV. FOR R-213;
LAW ASSTS FOR R-85;
35
SRI.D.P.PRASANNA & ASSTS. FOR R-69;
SRI.B.PRAMOD, ADV. FOR R-34, 41 & 42;
SRI.A.KESHAVA BHAT & K.SHRI KRISHNA, ADVS. FOR R-70;
SRI.S.S.HALALLI, ADV. FOR R-84;
DHARMASHREE ASSTS FOR R-97;
SRI.H.RAMACHANDRA, ADV. FOR R-43;
SRI.B.JAYA PRAKASH SHETTY, ADV. FOR R-202;
SRI.IRSHAD AHMED, ADV. FOR R-194;
SRI.A.V.NISHANTH, ADV. FOR R-78;
B P D S ASSTS. FOR R-139;
S & S ASSTS FOR R-154 & 161;
SRI B.S.JAGADEESH, ADV. FOR R-80, 118, 116, 122, 167,
179, 195, 211 & 230;
SRI. R.SRINIVASA, ADV. FOR R-113;
SRI.V.N.JAGADEESH, ADV. FOR R-113;
SRI.D.G.KRISHNAMURTHY, ADV. FOR R-28;
SRI.S.T.MAHESH, ADV. FOR R-156;
SRI.V.VISWANATH, M.K.SHIVARAJU, ADVS. FOR R-13;
SRI. GOUTAM & RAJESWAR, ADV. FOR R-38;
SRI. P.CHANGALARAJU REDDY, ADV. FOR R-95;
C.R.GOPALA SWAMY & ASSTS FOR R-128;
DHARMASHREE ASSTS FOR R-72;
M.RAMESH OM & COMPANY FOR R-133;
SRI.VEERENDRA PATIL, ADV. FOR R-138;
SRI.P.N.NANJA REDDY, ADV. FOR R-208 & 217;
LEX JUSTICA FOR R-219;
SRI.S.PRAKASH SHETTY, ADV. FOR R-47;
DIWAKAR & ASSTS FOR R-25;
SRI.BASAVARAJ KAREDY, ADV. FOR R-26 & 238;
C.V.NAGESH ASTS FOR R-77;
SRI.S.M.CHANDRASHEKAR, ADV. FOR R-88;
SRI.K.S.BHARATH KUMAR, ADV. FOR R-221;
SRI.MUNIYAPPA N.C. R.KALASHRI, B.SHASHIKALA, ADVS.
FOR R-51, 53, 54, 164, 190, 197, 201, 216 & 227:
SRI.H.SHANTHI BHUSHAN, ADV. FOR R-99;
SRI.H.SHIVAKUMAR, ADV. FOR R-90;
INDUS LAW FOR R-40;
B.T.KOLLER, ADV. FOR R-40;
SRI.D.L.JAGADEESH, ADV. FOR R-20;
SRI. DEEPAK, ADV. FOR R-102;
SRI.MANOJ DEVINDER PUKALE, ADV. FOR R-31;
36
SRI.RAMESH BABU & ASSTS FOR R-127 & 130;
SRI.M.V.VISHAKANTEGOWDA, ADV. FOR R-22;
DIWAKARA ASSTS FOR R-83;
SRI.D.L.JAGADEESH, ADV. FOR R-92;
SRI.P.H.VIRUPAKSHAIAH, ADV. FOR R-104;
SRI.B.N.VINOD KUMAR, ADV. FOR R-110,111 & 112;
SRI.K.R.RAMESH, ADV. FOR R-141, 144, 147 & 153;
SRI.G.K.V. MURTHY & P.E.UMESH, ADVS. FOR R-198;
A.G.SHIVANA & ASSTS FOR R-232;
SRI.R.S.RAVI, ADV. FOR R-246;
SRI.B.PRAMOD, ADV. FOR R-249;
SRI.LAXMINARAYANA N.HEGDE, ADV. FOR R-250;
DHARMASHREE ASSTS FOR R-168;
SRI.C.MUNIYAPPA, ADV. FOR R-196;
SRI.B.S.JAGADEESH, ADV. FOR R-150;
SRI.G.R.PRAKASH, ADV. FOR R-252, 215, 207, 210, 185,
183, 81, 148, 119, 160, 181, 177 & 178;
M/S CHANDRA & S.SHEKAR FOR R-74;
KESVI & CO., SHANMUKHAPPA FOR R-62;
SRI.R.S.RAVI, ADV. FOR R-245;
SRI.MAHESH R.UPPIN, ADV. FOR R-24 & 35;
SRI.B.RUDREGOWDA, ADV. FOR R-222;
DHARMASHREE ASSOCIATES FOR R-4, 6 & 94;
SRI.K.R.RAMESH, ADV. FOR R-146;
SRI.S.GANGADHAR AITHAL, ADV. FOR R-149;
SRI.N.RAVINDRAKAMATH, ADV. FOR R-64;
SRI.R.S.RAVI, ADV. FOR R-39;
DIWAKAR & ASSTS. FOR R-251;
M.SHIVAPPA ASSTS FOR R-57;
DHARMASHREE ASSOCIATES FOR R-244;
C.N.VENUGOPAL & ASSTS. FOR R-244;
CHINMAYI ASSTS. ADVOCATES & LEGAL CONSULTANTS FOR
R-231(A-C);
SRI.G.R.PRAKASH, ADV. FOR R-225 & 180;
SRI. K.MUNIRAJAPPA, ADV. FOR R-9;
SRI.MAHESH R.UPPIN, ADV. FOR R-32;
R-19, 29, 36, 45, 46, 52, 61, 63, 65, 66, 93, 105, 120, 126,
136, 145, 165, 166, 176, 187, 188, 191, 192, 206, 231,
235, 241, 243 ARE SD;
SERVICE OF NOTICE IN RESPECT OF R-8, 12, 14, 16, 18,
21, 30, 44,49, 60, 71, 82, 86, 87, 89, 91, 98, 106, 107,
37
109, 115, 123, 124, 131, 132, 142, 152, 172, 174, 175,
180, 184, 186, 203, 223, 225, 226, 228, 229, 233, 234,
236, 240 & 242 ARE HELD SUFFICIENT.
W.P.23475/10 FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO -
QUASH THE ANNEX-A STATEMENT SHOWING THE LIST OF
MPs, MLAs, AND MLCs AND OTHERS IN WHOSE FAVOUR
THE GOVERNMENT HAS ISSUED DIRECTION TO ALLOT
STRAY SITES UNDER-G CATEGORY VIDE GOVERNMENT
ORDER VIDE ANENX-B1 TO B250.
IN W.P.No.1032 OF 2006:
BETWEEN
1 THE PRESIDENT
DISTRICT RYOTS HORATA SAMITHI
KEDARLINGAIAH HIREMATH
AGED 48 YEARS
GODUTHAINAGAR
GULBARGA ... PETITIONER
( THE PRESIDENT DISTRICT RYOTS HORATA SAMITHI,
GULBARGA - SERVED )
AND :
1 THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, DR.AMBEDKAR ROAD
BANGALORE-01
2 THE PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
GOVT.OF KARNATAKA
M S BUILDING
BANGALORE-01
3 THE BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
38
K P WEST
BANGALORE-20
REPRESENTED BY ITS COMMISSIONER
4 THE CHIEF MINISTER
STATE OF KARNATAKA
VIDHANA SOUDHA
DR.B.R. AMBEDKAR ROAD
BANGALORE-01
... RESPONDENTS
(By Sri : K.M. NATARAJ, AAG A/W INDRESH, AGA FOR R1 &
2;
SRI. V Y KUMAR, ADV. FOR R3 )
W.P. NO.1032/06 IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO:
DECLARE THAT RULE 5 OF THE BANGALORE DEVELOPMENT
AUTHORITY (ALLOTMENT OF SITES) RULES 1984 UNDER
THE BDA ACT, 1976 WHICH EMPOWERS THE BANGALORE
DEVELOPMENT AUTHORITY TO DISPOSE OF STRAY SITES IN
ACCORDANCE WITH THE GUIDELINES ISSUED BY THE
GOVT. IS ARBITRARY UNDER THE CIRCUMSTANCES
EXPLAINED IN THE SAID RULE AS IT ULTRAVIRES THE
CONSTITUTION OF INDIA AND THE SAME TO BE STRUCK
DOWN FROM THE ACT AND THE RULES AND
DIRECT R3- BDA NOT TO ALLOT ANY SITES CATEGORIZING
SUCH OF THOSE SITES AS THE CANCELLED SITE OR A
SURRENDERED SITE BY THE ALLOTTEE OR A SITE FALLING
UNDER THE CATEGORY OF READJUSTMENT SITE AS
DESCRIBED IN SECTION 2(j) IN BDA (ALLOTMENT OF SITES
RULES 1984).
IN W.P. No 36275 OF 2009:
BETWEEN
1 SRI S VASUDEVA B.COM, B.L.,
ADVOCATE, ENROLLMENT NO.56/71, NO.78/10,
NANJAPPA BUILDING, SUSHEELA ROAD,
39
DODDAMAVALLI, BANGALORE-560004
... PETITIONER
(By Sri : S VASUDEVA (PARTY-IN-PERSON) )
AND :
1 GOVERNMENT OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA VEEDHI,
BANGALORE-560001
2 THE SECRETARY,
HOUSE AND URBAN DEVELOPMENT DEPARTMENT,
MULTISTORIED BUILDING,
BANGALORE-560001
3 THE COMMISSIONER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARAPARK WEST,
BANGALORE-560020
4 PRABHU CHAUVAN,
AGE: MAJOR, BONTHI THANDA TYALUK,
AURAD(B)BIDAR DISTRICT,
KARNATAKA.
5 DODDAPPAGOWDA SHIVALINGAPPAGOWDA PATIL,
NARIBOLA, AGE: MAJOR
JEWARGI CONSTITUENCY,
LEGISLATIVE HOUSE,
BANGALORE- 560001
6 MANAPPA D VAJJALA, AGE: MAJOR
LINGASUGUR CONSTITUENCY,
RAICHUR DISTRICT.
7 G. KARUNAKARA REDDY, AGE: MAJOR
ROOM NO.344, 3RD FLOOR,
40
VIDHANA SOUDHA, BANGALORE-
560001
8 B.P. HARISH, AGE: MAJOR
HARIHARA CONSTITUENCY,
HARIHARA, DAVANAGERE DISTRICT.
9 M. BASAVARAJA NAIK, AGE: MAJOR,
MAYAKONDA, HALUR HATTI,
DAVANAGERE DISTRICT.
10 SHIVANAGOWDA NAIK, AGE: MAJOR,
NO.1, PALLAM RESIDENCY, SERPENTINE ROAD,
KUMARAPARK WEST,
BANGALORE-560020
11 PATHAPAGOWDA PATIL, AGE: MAJOR,
MASKI CONSTITUENCY, RAYACHUR DISTRICT,
LEGISLATIVE HOME, ROOM NO.190-191,
BANGALORE.
12 B. CHANDRA NAIK, AGE: MAJOR,
HADAGALI CONSTITUENCY,
BELLARY DISTRICT,LEGISLATIVE HOME,
ROOM NO.176, BANGALORE.
560001
13 K. NEMARAJ NAIK, AGE: MAJOR,
HAGARIBOMMANAHALLI CONSTITUENCY,
LEGISLATIVE HOME ROOM NO.315,
3RD FLOOR, BANGALORE.
560001
14 T.H. SURESH BABU, AGE: MAJOR,
KAMPLI CONSTITUENCY,
BELLARY DISTRICT LEGISLATIVE,
HOME, ROOM NO.333, BANGALORE-
560001
15 B. NAGENDRA, AGE: MAJOR,
KOODLIGI CONSTITUENCY,
41
BELLARY DISTRICT LEGISLATIVE
HOME, ROOM NO.330,
BANGALORE-560001
16 PARANNA ESHWARAPPA, AGE: MAJOR,
MUNAVALLI, GANGAVATHI CONSTITUENCY,
KOPPAL DISTRICT,
KARNATAKA.
17 ESHANNA,
GULAGANNAVARA, AGE: MAJKOR,
YELBURGA CONSTITUENCY,
YELBURGA TALUK,
KOPPAL DISTRICT.
18 KATAKDHOND VITTALA
DHONDIBHA, AGE: MAJOR,
NAGATANA (VIJAPURA)
CONSTITUENCY VIJAPURA
DISTRICT.
19 DR.BAGALI
SARVOBHOUMA
SATHAGOWDA, AGE: MAJOR,
NO.77, SRINAGARA COLONY
SOLAPURA ROAD
BIJAPURA
20 BOOSANUR RAMESH BALAPPA,
AGE: MAJOR,SINDAGI CONSTITUENCY, BIJAPURA
DISTRICT,
ROOM NO.348, LEGISLATIVE HOME,
BANGALORE-560001
21 SANJAYA B PATIL, AGE: MAJOR,
BELAGAM RURAL CONSTITUENCY,
"SNEH" PLOT NO.17, 18 & 19, 1ST CROSS,
ADARSHA NAGAR, HINDWADI, BELGAUM-
590011
42
22 PRAHALAD REMANI, AGE: MAJOR,
KHANAPURA CONSTITURNCY,
RAGINI MARGOD PLOT,
STATION ROAD, KHANAPURA.
23 IHOLE DURYODHANA, AGE: MAJOR,
RAYABAG CONSTITUENCY,
BELAGAVI DISTRICT.
24 KULAKARNI SRIKANTH SUBBARAO,
AGE: MAJOR, JAMAKANDI CONSTITUENCY,
BAGALKOT DISTRICT.
25 V.S. PATIL,
ANDALAGI POST, AGE: MAJOR,
MUNDAGODA TALUK,
UTTARA KARNATAKA.
26 SHANKARA PATIL,
MUNENAKOPPA, AGE: MAJOR,
NO.83, ASHOK NAGARA,
NAVALAGUNDA, DARWAD DISTRICT.
27 SEEMA ASHOK MASUTHI, AGE: MAJOR,
MATHA-PITRU NILAYA,
HOSA ROAD, HARIHARA ROAD,
NEWHARU NAGARA, DHARWAD.
28 VEERABHADRAPPA, AGE: MAJOR,
HALAHARAVI,L NO.EWS, NAVANAGARA,
HUBLI.
29 RAMAPPA S. LAMANI, AGE: MAJOR,
SHIRAHATTI CONSTITUENCY,
GADAG DISTRICT.
30 BIDAROOR SRISHYLAPPA, AGE: MAJOR,
VEERAPAKSHAPPA, ADARSHA NAGAR,
KALASAPURA ROAD, GADAG.
43
31 DR. D. HEMACHANDRA SAGAR, AGE: MAJOR,
CHIKKAPETE CONSTITUENCY,
BANGALORE.
32 L.A. RAVISUBRAMANYA, AGE: MAJOR,
BASAVANAGUDI CONSTITUENCY,
BANGALORE.
33 DERIK M.B. FULLINFAW, AGE: MAJOR,
C-15, NO.1454, BDA FLATS,
2ND STAGE, AUSTIN TOWN,
BANGALORE-560042
34 AMARESH KEELAGANI, AGE: MAJOR,
AMMENATHA POST,
MULABAGU-563 131
35 NARENDRA BABU, AGE: MAJOR,
MAHALAKSHMI LAYOUT,
CONSTITUENCY, BANGALORE.
36 DR. MAMTAZ ALIKHAN, AGE: MAJOR,
CHIKKABALLAPURA CONSTITUENCY,
CHIKKABALLAPURA.
37 DR. DODDARANGEGOWDA, AGE: MAJOR,
ROOM NO.16, LEGISLATIVE HOME,
BANGALORE- 560001
38 GALI SOMASHEKARA REDDY, AGE: MAJOR,
BELLARY NAGARA CONSTITUENCY,
BELLARY.
39 K. MADAL VIRUPAKSHAPPA, AGE: MAJOR,
CHANNAGIRI CONSTITUENCY,
CHANNESHAPURA VILLAGE,
MUDAL POST, CHANNAGIRI TALUK
DAVANAGERE DISTRICT.
40 D.S. SURESH, AGE: MAJOR,
DHORASALU VILLAGE,L
44
TARIKERE TALUK
CHIKKAMAGALUR DISTRICT.
41 K.G. KUMARASWAMY, AGE: MAJOR,
SHIMOGA RURAL CONSTITUENCY,
SHIMOGA.
42 K. LAKSHMINARAYANA, AGE: MAJOR,
YEDTERE VILLAGE,
KUNDAPURA TALUK, UDUPI DISTRICT,
BYNDUR- 576214
43 K. RAGHUPATHI BHAT, AGE: MAJOR,
UDUPI CONSTITUENCY,
GURUPRASAD, RAJACHARYA MARGA,
KARAMBALLI, UDUPI- 576102
44 MALLIKA PRASAD, AGE: MAJOR,
PUTTUR CONSTITUENCY,
KOUSTUBHA, BELUVARU,
PUTTUR, DAKSHINA KANNADA.
45 B.C. NAGESH, AGE: MAJOR,
TIPTUR CONSTITUENCY,
K.R. EXTENSION, TIPTUR.
46 B. SURESH GOWDA, AGE: MAJOR,
TUMKUR RURAL CONSTITUENCY,
2ND CROSS, SARASWATHIPURAM,
(DEVRAJ ARAS ROAD), TUMKUR.
47 Y. SAMPANGI, AGE: MAJOR,
BEHIND POLICE STATION,
BETHAMANGALA.
48 N.S. NANDISH REDDY, AGE: MAJOR,
KRISHNARAJAPURA CONSTITUENCY,
BANGALORE.
49 S. MUNIRAJU, AGE: MAJOR,
SURAJ #18, LAKE VIEW, DEFENCE COLONY,
45
SHETTYHALLI, JALAHALLI WEST POST,
BANGALORE-560015
50 M.KRISHNAPPA , AGE: MAJOR,
NO.196,16TH MAIN,24TH CROSS,
BANASHANKARI 2ND STAGE ,
BANGALORE 560070
51 DR.C.N.ASHWATH NARAYANA, AGE: MAJOR,
MALLESWARAM CONSTITUENCY,
BANGALORE.
52 M.V. NAGARAJU, AGE: MAJOR,
NELAMANGALA CONSTITUENCY,
NO.2/117, 7TH MAIN, B.T.M. 3RD STAGE,
BANGALORE 560029
53 CHIKKANNA, AGE: MAJOR,
BICHANAHALLI, H.D. KOTE,
TALUK, H.D. KOTE.
54 SURESH GOWDA, AGE: MAJOR,
NO.880/1, NEW THIPPASANDRA,
HAL 3RD STAGE, BANGALORE-
570075
55 Y.N. RUDRESH GOWDA, AGE: MAJOR,
CHIKANAHALLI ESTATE,
BELUR TALUK, HASSAN DISTRICT.
56 SHIVARAJA THANGADAGI, AGE: MAJOR,
MINISTER FOR AGRICULTURAL MARKETING &
SUGAR, ROOM NO.201, 2ND FLOOR
VIDHANA SOUDHA, BANGLAORE.
560001
57 GOOLIHATTI D SHEKAR, AGE: MAJOR,
TEXTILE & YOUTH SERIVICE & SPORTS,
ROOM NO.243/241, 2ND FLOOR, VIDHANA
SOUDHA, BANGALORE-560001
46
58 P.M. NARENDRA SWAMY, AGE: MAJOR,
MINISTER FOR WOMEN AND CHILD DEVELOPMENT
ROOM NO.243, 2ND FLOOR, VIKASA SOUDHA,
BANGALORE 560001
59 AMETHAPPA KANDAKOORA, AGE: MAJOR,
GULBARGA CONSTITUENCY,
SHAHAPURA.
60 R.V. VENKATESH, AGE: MAJOR,
NO.34, CLALRKTOWN, C STREET,
K. KAMARAJA ROAD, BANGALORE.
560001
61 N. SHANKRAPPA, AGE: MAJOR,
OPP. RAGHAVENDRA VIDHYARTHI NILAYA,
MANIKPRABHU TEMPLE ROAD,
RAICHUR.
62 S.G. MEDAPPA, AGE: MAJOR,
DHANALAKSHMI NILAYA,
SHANTHAHALLI VILLAGE & POST,
SOMAVARAPETE TALUK,
KODAGU DISTRICT.
63 VISHWANATHA, AGE: MAJOR,
CHANDRASHEKARA MAMANI,
MATRU CHAYA,
RAMAPURA SITA,
SAVADATHI.
64 SURESHGOWDA B PATIL, AGE: MAJOR,
C/O B.D. PATIL & SONS,
APMC YARD, BYADAGI,
HAVERI DISTRICT- 581106
65 S.R. VISHWANATH, AGE: MAJOR,
NO.14, SINGANAYAKANAHALLI POST,
YELAHANKA HOBLI, BANGALORE NORTH,
BANGALORE 560064
47
66 J. NARASIMHASWAMY, AGE: MAJOR,
1/471, 1ST MAIN, NGEF LAYOUT,
SANJAYANAGARA, BANGALORE-
560094
67 BHARATHI SHETTY, AGE: MAJOR,
RAGHAVENDRA LAYOUT,
SORABHA-577429, SORABHA TALUK,
SHIMOGA DISTRICT,
KARNATAKA
... RESPONDENTS
(By Sri : K N PUTTEGOWDA, ADV. FOR R3;
SRI.K.CHANDRAMOHAN, ADV. FOR R-7;
SRI.T.ASWATH REDDY, ADV. FOR R-8;
SRI.G.M.CHANDRASHEKAR, ADV. FOR R-9;
SRI.DIWAKAR & ASSOCIATES FOR R-25 & 30;
SRI.C.G.GOPALASWAMY, ADV. FOR R-35;
SRI.M.V.HIREMATH, ADV. FOR R-47, 52 & 64;
SRI.B.RUDRAGOWDA, ADV. FOR R-46 & 20;
SRI.A.G.SHIVANNA, ADV. FOR R-55;
M/S HOLLA & HOLLA FOR R-56;
SRI.B.N.SHETTY, ADV. FOR R-57;
SRI.M.N.NEHRU, ADV. FOR R-58;
SRI.H.KANTHARAJU, ADV. FOR R-59;
SRI.DHANAJAYA ASSOCIATES FOR R-60;
SRI.S.A.KHADRI, ADV. FOR R-66;
SRI.SATISH M.DODDAMANI, ADV. FOR R-22;
SRI.G.D.ASWATHANARAYANA, ADV. FOR R-50;
SRI.D.R.ANANDEESHWAR, ADV. FOR R-61;
SRI.L.M.CHIDNANDAIAH, ADV. FOR R-51;
SRINIVAS & BADRI ASSTS FOR R-31;
SRI.H.SHANTHI BHUSHAN, ADV. FOR R-51;
DIWAKAR & ASSOCIATES FOR R-32;
DHARMASHREE ASSOCIATES FOR R-43;
REUBEN JACOB FOR R-46;
SRI.S.PRAKASH SHETTY, ADV. FOR R-44;
SRI.K.M.NATARAJ, AAG A/W INDRESH, AGA FOR R1 & R2;
R-4, 5, 6, 10 TO 14, 16 TO 19, 21, 23, 24, 26 TO 29, 33,
34, 36 TO 42, 45, 48, 49, 53, 54, 62, 63, 65, 67 ARE
SERVED )
48
W.P.NO.36275/09 IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO;-
QUASH THE ANN-A STATEMENT SHOWING THE LIST OF
MLA'S & MLC'S IN FAVOUR OF WHOM GOVT. HAVE ISSUED
DIRECTION TO ALLOT STRAY SITES UNDER 'G' CATEGORY
VIDE GOVT. ORDER DT.28.2.09.
THESE PETITIONS COMING ON FOR HEARING THIS
DAY, MANJUNATH J, DELIVERED THE FOLLOWING:
ORDER
Writ Petition Nos.23475/10 and 36275/09 are filed by one Vasudev, a member of this bar challenging the action of the Government and the BDA in allotting several sites under the guise of allotment of stray sites under 'G' category to various persons. W.P.No.1032/06 is filed by the District Ryots Horata Samithi of Gulbarga represented by its President. The prayer in all these petitions are one and the same. The prayer of the petitioners is to declare Rule 5 of the BDA (Allotment of Sites) Rules 84 framed under the BDA Act 1976 empowering the BDA to dispose of the stray sites in accordance with the guidelines issued by the Government as arbitrary and to cancel the allotment made in favour of the respondents/allottees.
49
2. It is the specific case of the petitioner that based on the application filed by individuals or on the recommendation of Ministers or MLAs, the Chief Ministers have issued directions to the BDA to allot sites to such persons under 'G' category and BDA without following the norms has allotted the sites to ineligible persons and therefore they request the court to declare the allotment of stray sites as bad in law, consequently to cancel the allotment made in favour of all the allottees/respondents.
3. In order to appreciate the facts of the case, it would be proper for us to quote Rule 5 of the BDA Allotment Rules, which reads as hereunder:
"5. Allotment of stray sites: The Bangalore Development Authority shall dispose of the stray sites in accordance with the guidelines issued by Government."
4. Based on the aforesaid Rules, guidelines were framed by the Government and the said guidelines are revised from time to time. The guidelines issued by the Govt. as per the Circular dt.6.8.1997 reads as hereunder: 50
"CIRCULAR UNDER BANGALORE DEVELOPMENT AUTHORITY(ALLOTMENT OF SITES) RULES 1984 CIRCULAR NO.UDD 129 MINJ 97, Bangalore dt.6th August, 1997 Subject: Revised Guidelines for allotment of stray sites by the Bangalore Development Authority. Reference: 1. Circular No.HUD 616 MNX 89, dated 18th September, 1989, 23rd September, 1989 and 17th October 1992.
In supersession of all the orders issued regarding allotment of stray sites the following revised guidelines for disposal of stray sites are issued as provided under Rule 5 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984.
Sl. Cate- DESCRIPTION PERCENT-
No. gory AGE
1. A Disposal by Auction 30
2. B Persons who have won special recognition in 15
the field of sports at Intentional/National levels persons of Karnataka Domicile
3. C Persons who have won special recognition in 10 the fields of Arts, Science, Literature, Education, Medicine and Public Administration at the National/International levels.
4. D Ex-Military Personnel, Military Personnel, 5 persons of Karnataka domicile 5. E Freedom Fighters who are residents of 5 Bangalore for a period of not less than 10 years 6. F Dependents of Karnataka Government 5 Servants when the latter dies during the performance of his/her duty
7. G Persons in public life as may be directed 30 by Government 51
2. Category 'C' besides Arts etc., it includes Painting, Sculpture, Music, Dance, Drama, Films, etc.
3. In the case of allotment of stray site to individuals, a stray sites shall be allotted to a personal only if;
(i) he is not a minor;
(ii) he is domiciled in Karnataka for not less than 10
years immediately prior to the date of his
application.
(iii) He or any member of his family does not own a site
or a house in Bangalore Metropolitan Area and has not been allotted a site or a house by the Bangalore Development Authority or by any other Authority within the Bangalore Metropolitan Area; and
(iv) He satisfied the Authority that he or she is in a reasonable position to put up a residential house or other building on the site allotted within a period of three years from the date of handing over possession of the site in question.
4. The requirement of 10 years domicile may be relaxed:
(i) in case of persons who are domiciled in the State of Karnataka but are in the Armed Forces of the Union and serving outside the State of Karnataka
(ii) in the case of persons who are domiciled in the State of Karnataka but have gone outside the State for employment/business, studies or training and who bona fide intend to reside in the Bangalore Metropolitan area; and 52
(iii) with the prior permission of the State Government in the case of persons under Categories 'B' and 'C' in para 1 above.
5. The stray sites may be allotted by a Committee consisting of the Chairman, Bangalore Development Authority, Commissioner, BDA, Commissioner, Bangalore City Corporation, and two other members of the Authority. The allotment shall be subject to final approval of the Authority.
6. The selling price of the stray sites shall be fixed at 10% above the current allotment rates of the Bangalore Development Authority under its normal rules. The list of stray sites available shall be complied by the Secretary, Bangalore Development Authority layout wise and dimension wise and got it approved by the Authority, at least once in a year."
5. Relying upon this circular, the Hon. Chief Ministers have issued directions to the Bangalore Development Authority to allot sites to several persons as and when the applications were received by them and based on the direction issued by the Government, BDA has allotted the sites to the respondents.
53
6. Contending that the allotment made in favour of the respondents by the BDA on the directions of the Government is bad in law and that most of the respondents were not entitled for allotment of sites under 'G' category and that BDA has allotted the regular sites even though no stray sites were available for allotment, these petitions are filed.
7. In order to appreciate whether the stray sites has been allotted under 'G' category as per the Circular dt.6th August 1997, it would be relevant for us to quote the definition of stray sites as defined under Rule 2 (j) of the BDA (Allotment of Sites) Rules 1984:
"2(j) Stray Sites: means a site which was once allotted but subsequently the allotment was either cancelled by the Authority or surrendered by the allottee or a site which has been formed on account of readjustment in the plan subsequent to the issue of notification inviting applications for allotment of sites."
8. From this it is clear that even if the circular dt.6.8.1997 is held to be a valid, Government can issue direction to the BDA to allot stray sites only. Out of the 54 total number of stray sites available as per the circular, 30% of the sites are to be disposed of by way of public auction, 15% of sites to B category persons who have won special recognition in the field of sports at International/National levels persons of Karnataka Domicile (Emphasis is supplied by us), 10% of C category sites to the persons who have won special recognition in the field of Arts, Science, Literature, Education, Medicine and Public Administration at the National/International levels. 5% of the stray sites shall be allotted to D category, viz., to the Ex.Military personnel, Military personnel, persons of Karnataka domicile (emphasis supplied by us), 5% to the persons falls under E category, i.e., Freedom fighters who are residents of Bangalore for a period of not less than 10 years. 5% of stray sites shall be allotted under F category, i.e., to the dependents of Karnataka Government Servants when he later dies during the performance of his/her duty. The remaining 30% can be allotted under G category to the persons in public life as may be directed by the Government. 55
9. In regard to the allotment of C Category sites are concerned, personalities who have been recognised in the field of Painting, Sculpture, Music, Dance, Drama and Films, etc. are also included. For allotment of a stray site, an allottee shall not be a minor, he shall be a domicile in Karnataka for not less than 10 years immediately prior to the filing of an application and such person or his family members does not own a site or a house in Bangalore Metropolitan Area and has not been allotted a site or a house by the BDA or by any other authority within the Bangalore Metropolitan Area and that a person shall also satisfy the authority that he or she in a reasonable position to put up a residential house or other building on the site allotted within a period of 3 years from the date of handing over of the sites in question.
10. Clause(4) of the Circular deals with the requirement of relaxation of 10 years domicile in regard to the persons who are working in Armed Forces of the Union and serving outside the State of Karnataka who have gone outside the State for employment or business or training, 56 etc, a stray site cannot be allotted directly by the Government or Commissioner or Chairman of BDA. As per the circular, a Committee has to be constituted under the Chairmanship of the BDA Commissioner and two other members of the BDA and that the allotment shall be subject to final approval of the authority.
11. In regard to the cost of allotment of a stray site, the allottee shall pay 10% above the current allotment rate of BDA under its Rules and any person satisfy the aforesaid conditions, the Committee shall consider the application for allotment of a stray site. A similar question arose in regard to the right of the Government in issuing directions to the BDA for allotment of stray sites exercising its power u/s 65 of the BDA Act. A learned Single Judge of this court in the case of K.RAJU VS. BANGALORE DEVELOPMENT AUTHORITY (ILR KAR 2011(1) PAGE 120) has declared that Government has no power or authority under the provisions of the BDA Act 1976 and the Rules made thereunder to direct the BDA to allot a stray site to any person under G category as per circular dt.6.8.1997. He further declared that the conditions 57 contained in Rule 7 and 13 of the BDA (Allotment of Sites) Rules 1984 are also applicable to the sites allotted by the BDA under Rule 5 of the BDA (Allotment of Sites) Rules, 1984, concerning the allotment of stray sites.
12. The order of the learned Single Judge has become final because the Government has not challenged the same. It may be relevant to state that challenging the order of the learned Single Judge, the BDA had filed an appeal before this court in Writ Appeal No.5662/11. We have dismissed the above appeal as not maintainable because the subject matter of the Writ Petition was in regard to the propriety or power of the Government in issuing a direction u/s 65 of the BDA Act to allot stray sites under G category. Therefore the order of the learned Single Judge has become final.
13. Sri.K.M.Nataraj, Additional Advocate General made a submission that Government has accepted the Judgment of the learned Single Judge and has no intention to issue any direction or allot sites under G Category till proper legislation is brought in. Therefore, there is no necessity for us to consider the prayer of the Writ Petitioners 58 in regard to the challenge made by the petitioners, the right of the Government in issuing direction to the BDA to allot the stray sites under Rule 5 under G Category as the same has become final and the same is binding on all the parties.
14. The Government has produced the records and the list of allottees and also produced the records to show the manner in which the applications filed by each of the allottees are processed and also the manner in which the directions are issued by the Government to the BDA and the procedure followed by the BDA in allotting the sites pursuant to the action of the Government.
15. On perusal of the records, it is clear that even if we hold that Circular dt.6.8.1997 is binding on all the parties, still this court has to hold that circular dt.6.8.1997 has not been followed while allotting the stray sites to any one of these allottees because at the first instance, BDA has not identified the stray sites available for allotment, in each of the layouts formed by it and out of the stray sites available BDA has to dispose of 30% of the sites by way of auction, 15% to the persons who fall under B category, 10% under 59 C category, 5% each in D, E and F category and only 30% of the stray sites can be allotted to person falls under G category. In addition to that even if Government has directed for allotment of a stray sites under G Category, the Commissioner or the Chairman cannot straightaway implement the direction without considering the applications of such persons by a Committee consisting of the Chairman, BDA, Commissioner and two other members of the BDA.
16. It is fairly admitted by the learned Addl. Advocate General and the Advocate for the BDA that such procedure is not followed in any of the allotments. Therefore, it is clear that the allotments made in favour of the respondents are not even according to the circular dt.6.8.1997. In addition to that as per the Circular, the Government can issue a direction to the BDA to allot sites under G Category to the persons who are in public life.
17. The word `Public life' is not defined either under the BDA Act or under the Rules for allotment of the sites. In the absence of any definition to the word, 'persons in public life', 60 this court can only say that the word, persons in public life shall be considered as such of those persons having to do with the public or available to the people as a whole and are those involved in the affairs of the community.
18. Be that as it may, when the circular is not followed by the Government and BDA in allotting the sites, when no documents are placed before the court to show the sites allotted to these allottees had fallen under the category of stray sites, this court has to hold that the allotment made to all these respondents as bad in law.
19. At this juncture, the learned counsel appearing for the respondents - allottees and the learned Addl. Advocate General submitted that considering that most of the respondents - allottees were otherwise eligible for allotment, if they had filed an application under a regular allotment proceedings and as most of them have constructed the buildings and some of them have parted with the possession by alienating the property, they plead equity in order to save the sites allotted to the persons who 61 are really eligible relying upon rulings of the Hon'ble Supreme Court.
20. Mr. Vasudev, the Writ Petitioner is also of the view that in the back drop of illegal allotments made in favour of the respondents, if there are any eligible applicants for allotment and if they satisfy the eligibility conditions of allotment of sites under the BDA Act, such cases may be considered and he has no objections to consider the request of the allottees.
21. The learned counsel appearing for the respondents as well as the petitioners relying upon the Judgement of the Punjab and Haryana High Court in ANIL SABHARWAL VS. STATE OF HARYANA AND OTHERS (21.03.1997-PHHC) and also the Judgment of the Hon'ble Apex court in HARISH DHINGRA VS. STATE OF HARYANA reported in AIR 2001 SC 3795, submit that a Committee may be constituted to examine each and every application filed by the respondents/allottees to find out whether the respondents are eligible for allotment and if they are otherwise eligible, to save their allotment as per the direction issued by the 62 Supreme Court and also of the Punjab and Haryana High Court in the aforesaid cases.
22. The learned counsel for the respondents-allottees submit that many of the respondents have already constructed buildings and some of the buildings are under construction and some of them have also parted with sites by alienating the same for their financial difficulties. In regard to these categories of site allotment, court may also give suitable direction, the manner in which such allotment can be saved if permissible pursuant to the directions issued in the case of ANIL SABHARWAL.
23. We have seen the records produced by the Govt. Advocate. On perusal of the records we notice that the sites have been allotted right from 1997 upto 2011. On perusal of the entire list upto 2011, pursuant to the Government circular dt.6.8.1997 in all 1128 sites have been allotted of different dimensions to different persons, considering the occupation and avocation of the allottees. We also notice that sites have been allotted to MLAs, MPs, MLCs. former MLAs. former MLC and former MPs. Former Ministers, Sport 63 personalities, Cine actresses, Freedom Fighters, aged persons suffering from various ailments, widows, persons working in Chief Minister's office and in different Government offices and defence personnel. As could be seen from the list, people from all walks of life have been benefited by such allotments. From these documents, it is not possible for us to find out and to examine the case of each and every respondents in detail whether these persons are eligible for allotment if they had made an application under the regular allotment pursuant to the notification issued by the BDA.
24. The facts involved in Anil Sabharwal's and the facts involved in the present writ petitions are similar to each other. The Chief Minister of Haryana had allotted plots to several VIPs under the category known as `Distinguished and needy people'. The Rules regarding allotment of sites under G-category under the BDA Act and Rules and rules framed by the Haryana Urban Development Authority, are almost similar in nature. Full Bench in Anil Sabharwal's case has declared allotment made by the Chief Minister as vague, 64 arbitrary and violative of Art.14 of the Constitution and further ruled that the allotment of residential sites made under the discretionary quota of the Chief Minister on or after 31.10.1989 has declared illegal and quashed subject to certain conditions. Full Bench of Punjab and Haryana High Court by constituting a committee to consider each and every application find out how such allotments could be saved based on various criteria and which sites can be forfeited.
25. Counsel appearing for the petitioner as well as the respondents including Addl. Advocate General submits that in the larger interest of the allottees as many of them were eligible for allotment since they had no sites or house of their own and if they had made any application for allotment of site before the BDA under different category, they were entitled for allotment and such allottees can be saved if their cases are examined separately. They further submit that some of the allottees have already constructed house by spending huge amount and if such allottees are not eligible for allotment under regular allotment Rules of BDA, if such 65 sites are to be forfeited they would be put to untold hardship and great injustice would be caused as they have proceeded on the premise that the allotment made by the Chief Minister was in accordance with law and similarly some of the allottees for their legal necessities have sold the sites allotted to them and many of the purchasers have constructed buildings by investing lot of money and that some of the purchasers in turn have further alienated such sites and subsequent purchasers will be put to untold hardship in such circumstances. Therefore they submit that such allotment can also be saved penalizing for their bonafide act by calling upon the allottees or the subsequent purchasers to pay the double value of the guide-lines fixed for the registration of sites in that particular area after giving deductions to the amount already paid towards the value of the site allotted to them and if such procedure is evaluated, hardship can be mitigated as the allottees or the subsequent purchasers were not aware of the Rules and allotment of sites under G-category has been made by several Chief Ministers right from 1997 and they further submit that if a person is not eligible for allotment and if no 66 construction is made or sold, such sites may be resumed by returning the sital value deposited by such allottees. With the above suggestion they request the court to consider the case of each of the respondents/allottees.
26. Having heard the counsel for the parties and considering the avocation of various allottees, we have noticed that people from all walks of life are the beneficiaries not only political figures but also public servants and constitutional appointees are the beneficiaries of such sites and even some of the aged persons and ailing persons have been allotted sites. Many Government servants working under State and Union Government are the beneficiaries and some of them are working in different places and such people are also entitled for allotment if they had made an application provided they satisfy allotment rules of BDA.
27. In this background, having held that the allotment made by the State of Karnataka and BDA allotting sites under G-category as violative of BDA Act and Rules and are required to be quashed by allowing the writ petition, considering the judgment in Anil Sabharwal's case and the 67 judgment of the Hon'ble Supreme Court in Harish Dhingra's case, we direct the State of Karnataka to constitute a committee to examine and scrutinize all the applications of the respondents/allottees and to find out whether they were eligible for allotment of sites under the General Category as per BDA Act and Rules provided they fulfil the eligibility criteria and if any illegal allotments are made and if the allottees have already put up constructions or sold the property to collect double value of the guide-line value fixed for the purpose of registration of sites as on the date of allotment in the particular layout where the site is allotted excluding the amount already paid by the allottees and to recommend to the BDA to resume sites where an allottee is not otherwise eligible for allotment on account of his non- fulfillment of eligibility criteria under the allotment rules and to resume the same.
28. Accordingly, these petitions are allowed in part with the following directions:
i) It is declared that the sites allotted to the respondents/allottees pursuant to the directions 68 issued by the State Government under G-
Category is held to be illegal, arbitrary and violative of Art.14 of the Constitution holding that issuing direction by the Government exercising powers under Sec.65 of BDA Act and to allot G- category sites;
ii) A direction is issued to the Government to constitute a committee of three members out of two shall be retired Hon'ble Judges of this court and one shall be from the cadre of retired Chief Secretary of the State of Karnataka;
iii) Government and BDA shall provide all infrastructure to the committee;
iv) Government and BDA are directed to place all the
applications submitted by each of the
respondents/allottees;
v) Committee shall scrutinize each and every
application filed by the respective allottees in order to find out whether such allottees were eligible for allotment of sites under BDA Act and 69 Rules considering them as general merit applicants;
vi) If the committee is of the opinion that allottees who satisfy the eligibility criteria of the sites to be allotted by the BDA under general allotment rules, such allotments are saved;
vii) If the committee is of the opinion that any allottee was ineligible for allotment and if such allottee has constructed the building or sold the property to a third party under registered document, in such circumstances the committee shall recommend to the BDA and to the Government to recover double the value of the amount fixed as per the guide-line value for the purpose of registration of such site in that particular layout as on the date of allotment excluding the sital value deposited by the allottees. If the allottees were not eligible and if no construction is made by such allottees, Committee shall recommend for resuming the 70 sites. Based on the recommendation of the Committee BDA shall pass appropriate order in each and every case and if the allotment made to the allottees are saved subject to the fulfillment of the aforesaid condition, BDA shall impose the condition on the allottees or subsequent purchasers not to alienate the property/sites for a period of 10 years from the date of respective allotment.
viii) Committee is requested to examine all the applications and to make its recommendation within a period of three months from the date of providing all the infrastructure and documents by the BDA and the Government;
ix) Till committee submits its report and cases are considered by the BDA thereafter no further construction shall be undertaken either by the allottees or by the purchasers;
x) Government shall not allot any sites under G-
category and liberty is reserved to the
71
Government to frame appropriate Rules in
accordance with law.
xi) Two weeks time is granted to the Government to constitute a committee from the date of receipt of this order.
Sd/-
JUDGE Sd/-
JUDGE R/Ak/dh