PRASANNA ANJANEYA TRUST vs P RANGAPPA
- Court
- Karnataka High Court
- 1 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
rd
DATED THIS THE 3 DAY OF JUNE, 2026
®
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 2616 OF 2013 (LA-RES)
C/W
WRIT APPEAL NO. 8447 OF 2012 (LA-RES)
WRIT APPEAL NO. 8448 OF 2012 (LA-RES)
WRIT APPEAL NO. 8449 OF 2012 (LA-RES)
WRIT APPEAL NO. 8450 OF 2012 (LA-RES)
WRIT APPEAL NO. 8451 OF 2012 (LA-RES)
IN WA No. 2616/2013
BETWEEN:
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY TO GOVERNMENT,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
BANGALORE-560 001.
3. STATE OF KARNATAKA BY ITS
SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOUSING,
VIKASA SOUDHA,
BANGALORE-560 001.
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
4. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
BANGALORE.
…APPELLANTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA)
AND:
1. HANUMANTHAPPA
S/O MOGANNA,
AGED ABOUT 52 YEARS,
OCCUPATION:AGRICULTURE AND COOLIE.
2. SIDDABYLAPPA
S/O MOGANNA,
AGED ABOUT 45 YEARS,
OCCUPATION: AGRICULTURE AND COOLIE,
3. VENKATESH
S/O PUTTAPPA,
AGED ABOUT 37 YEARS,
OCCUPATION:AGRICULTURE AND WEAVING,
4. SEENAPPA @ SRINIVAS
S/O SIDDAGANGAIAH,
AGED ABOUT 51 YEARS,
OCCUPATION: AGRICULTURE,
5. SIDDABYLAPPA
S/O SIDDAPPA,
AGED ABOUT 66 YEARS,
OCCUPATION: COOLIE AND CARPENTARY,
6. SMT.ARASAMMA
W/O BYLAPPA,
AGED ABOUT 86 YEARS,
OCCUPATION: NIL,
7. SMT.GANGAMMA
D/O ARASAMMA
(WIFE OF BASAVARAJ),
AGED ABOUT 41 YEARS,
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
OCCUPATION: HOUSE HOLD WORK,
8. SMT.SAKAMMA
W/O BYLA MURTHY,
AGED ABOUT 56 YEARS,
OCCUPATION:HOUSE HOLD WORK,
9. SMT.SIDDAMMA
W/O BYLA VENKATAPPA,
AGED ABOUT 46 YEARS,
OCCUPATION:HOUSE HOLD WORK,
10. HANUMANTHAPPA
S/O LATE BYLAPPA,
AGED ABOUT 55 YEARS,
OCCUPATION: AGRICULTURE
AND COOLIE,
11. BYLAVENKATAPPA
S/O BYLAPPA,
AGED ABOUT 65 YEARS,
OCCUPATION: AGRICULTURE AND COOLIE,
PETITIONERS 10 AND 11
BY G.P.A. HOLDER GANGAMMA,
(WIFE OF BASAVARAJ-PETITIONER NO.7),
ALL ARE R/AT KOTE BEEDI, NELAMANGALA,
BANGALORE RURAL DISTRICT
12. THE TOWN MUNCIPAL COUNCIL
NELAMANGALA,
BANGALORE, BY ITS
CHIEF OFFICER.
13. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT,
BY ITS PRESIDENT.
14. G.SHIVASHANKAR
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C/W WA No. 8447 of 2012
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AND 3 OTHERS
MAJOR, PRESIDENT,
PRASANNA ANJANEYA TRUST,
HOUSE NO.76, 4TH CROSS ROAD,
BASAVESHWARA LAYOUT,
VIJAYANAGAR,
BANGALORE-560 040.
15. PUTTARAMAIAH
MAJOR, SECRETARY,
PRASANNA ANJANEYA TRUST,
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT.
16. H.C.RAJU
S/O HANUME GOWDA,
MAJOR, RESIDENT OF KOTE BEEDI,
PARAPPASWAMY MATH,
NELAMANGALA,
BANGALORE RURAL DISTRICT.
17. A.V.SURESH BABU,
S/O A.VEERARAGAVALU,
MAJOR, LAKSHMI SHREE,
DODDABOMMASANDRA VILLAGE,
VIDYARANYAPURA POST,
BANGALORE-97.
18. SYED SAJID
S/O LATE SYED SADIQ,
AGED ABOUT 41 YEARS,
R/AT NO.416/29,
18TH MAIN, 4TH I BLOCK,
JAYANAGAR, BANGALORE-41.
19. SYED WAJID
S/O LATE SYED SADIQ,
AGED ABOUT 36 YEARS,
R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK,
JAYANAGAR, BANGALORE-41.
20. SYED MUJAHID
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AND 3 OTHERS
S/O LATE SYED SADIQ,
AGED ABOUT 32 YEARS,
R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK,
JAYANAGAR, BANGALORE-41.
21. SYED ABID
S/O LATE SYED SADIQ,
AGED ABOUT 34 YEARS,
R/AT NO.416/29, 18TH MAIN, 4TH I BLOCK,
JAYANAGAR, BANGALORE-41.
22. SRI.A.G.RAJU
S/O ANDANAPPA,
AGED ABOUT 64 YEARS,
R/AT KULAVANAHALLI,
THYAMAGONDLU HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
23. SRI.H.HANUMANTHAIAH
S/O HANUMAIAH,
AGED ABOUT 59 YEARS,
RESIDING AT KULAVANAHALLI,
THYAMAGONDLU HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
24. SRI.K.MANI
S/O LATE KRISHNAPPA,
AGED ABOAUT 61 YEARS,
R/AT NO.9,
7A CROSS, D BLOCK,
(NEAR JANAKI SHIVAM COMPLEX),
MAGADI ROAD,
BANGALORE-560 023.
25. SRI GHOUSEPEER KHAN
S/O PEER KHAN,
AGED ABOUT 64 YEARS,
R/AT KULAVANAHALLI,
THYAMAGONDLU HOBLI,
NELAMANGALA TALUK,
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
BANGALORE RURAL DISTRICT.
26. SMT.ANUSYA D.K.
W/O LATE S.SATHYAMURTHY,
AGED ABOUT 74 YEARS,
R/AT NO.7, 4TH CROSS,
KUMARA PARK WEST,
EXTENSION, BANGALORE-560 020.
27. S.N.RAJA RAO
S/O S.NARAYANA RAO,
AGED ABOUT 73 YEARS,
R/AT NO.9, IV BLOCK, 4TH CROSS,
KUMARA PARK WEST EXTENSION,
BANGALORE-560 020.
28. SMT.SAROJA
W/O S.VASUDEVA RAO,
AGED ABOUT 69 YEARS,
RESIDING AT NO.5,
OLD NO.3, 9TH CROSS,
SWIMMING POOL EXTENSION,
MALLESHWARAM,
BANGALORE-560 003.
29. SMT SHANTHA
W/O LATE M.L.NAGARAJ,
AGED ABOUT 66 YEARS,
RESIDING AT NO.16,
AKSHAYA GRUHA LAKSHMI COLONY,
1ST STAGE, WEST OF CHORD ROAD,
BASAVESHWARA NAGAR,
BANGALORE.
30. P.N.NUTHANA BABU
S/O L.G.KRISHNAMURTHY,
AGED ABOUT 43 YEARS,
R/AT LGM ARCADE 1ST FLOOR,
NO.22, LAKSHMANA MUDALIAR STREET,
BANGALORE-560 001.
31. P V NAGESH BABU
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AND 3 OTHERS
S/O P R VENKATACHALAPATHY SETTY
AGED ABOUT 49 YEARS
RESIDING AT NO.84
2ND MAIN ROAD
GAYATHRI NAGAR
BANGALORE-560021
32. B R NAGARAJA SETTY
S/O LATE B L R K SETTY
AGED ABOUT 72 YEARS
RESIDING AT NO.483
1ST FLOOR, 3RD MAIN
50 FT ROAD, NAGENDRA BLOCK
HANUMANTHANAGAR
BANGALORE-560050
33. M NARENDRA BABU
S/O VISHWANATH RAO
MAJOR
NO.55, 18TH MAIN
1ST CROSS, CANARA BANK COLONY
UTTARAHALLI ROAD
BANGALORE-560061
34. P V SHASHI KUMAR
S/O P R VENAKATACHALAPATHY SETTY
AGED ABOUT 46 YEARS
RESIDING AT NO.84
2ND MAIN ROAD
GAYATHRINAGAR
BANGALORE-560021
35. REDDY VIKRAM
S/O RAJAGOPAL
AGED ABOUT 40 YEARS
RESIDING AT C/O K SIKJUMAR
NO.18, CANARA BANK COLONY
CHIKKALASANDRA VILLAGE
SUBRAMANYAPURA ROAD
BANGALORE-560061
36. K ANANTHA PADMANABHA
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C/W WA No. 8447 of 2012
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AND 3 OTHERS
S/O LATE H N KRISHNA MURTHY
AGED ABOUT 54 YEARS
RESIDING AT NO.13/1, I E MAIN
B K NAGAR, YESHWANTHPUR
BANGALORE-560022
37. SUBRAMANYA
S/O LATE H S KRISHNAMURTHY
AGED ABOUT 62 YEARS
RESIDING AT NO.471
2ND BLOCK
RAJAJINAGAR
BANGALORE-560010
38. HUTCHISON ESSAR SOUTH LIMITED
PRESTIGE BLUE CHIP
GROUND FLOOR
BLOCK-1, NO.9
HOSUR ROAD
BANGALORE-560029
BY ITS MANAGER
39. MOHMD NOORULLA HUSSAIN
ZAX AUTOMOBILE
B H ROAD,
NELAMANGALA
BANGALORE
40. A.S. KALAVATHI,
W/O K.A. SATISH KUMAR
AGE 73 YEARS,
63/1, GROUND FLOOR,
KANAKAPURA ROAD,
FACING GOVINDAPPA ROAD,
BASAVANAGUDI, BANGALORE.
41. A.S.RADHIKA, W/O M.R.RAMESH,
AGED 56 YEARS,
63/1, GROUND FLOOR,
KANAKAPURA ROAD,
BASAVANAGUDI, BANGALORE.
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C/W WA No. 8447 of 2012
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AND 3 OTHERS
42. P RANGAPPA
S/O PUTTARANGAIAH
AGED ABOUT 84 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF DEVANGA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
43. N R RANGANATH
S/O P RANGAPPA
AGED ABOUT 50 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF DEVANGA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
44. N R KRISHNADEVARAYA
S/O P RANGAPPA
AGED ABOUT 48 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF ARADHYA LAYOUT
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
45. N R CHANDRASHEKAR
S/O P RANGAPPA
AGED ABOUT 44 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF DEVANGA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
46. N R SRIRANGAPPA
S/O P RANGAPPA
AGED ABOUT 41 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF MUTTON MARKET ROAD
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
47. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
BANGALORE
BY ITS CHIEF OFFICER
48. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR
B H ROAD
NELAMANGALA
BANGALORE RURAL DISTRICT
BY ITS PRESIDENT
49. G SHIVASHANKAR
MAJOR, PRESIDENT
PRASANNA ANJANEYA TRUST
HOUSE NO.76
4TH CROSS, BASAVESHWARA LAYOUT
VIJAYANAGAR, BANGALORE-560040
50. PUTTARAMAIAH
MAJOR, SECRETARY
PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR
B H ROAD, NELAMANGALA
BANGALORE RURAL DISTRICT
51. H G RAJU
S/O HANUME GOWDA
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
52. HANUMEGOWDA
S/O MUDDAIAH
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
53. SMT M S BHAGYA
W/O H G RAJU
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
54. H CHANDRASHEKAR
S/O HANUMEGOWDA
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
55. SMT H MANGALAGOWRI
W/O RAMANNA
MAJOR
RESIDENT OF S P G COLONY
TAVAREKERE
BANGALORE SOUTH TALUK
BANGALORE
56. SMT T JAYANTHI
W/O S SHIVAPRASAD
D/O G THAMMAIAH
RETIRED COMMERCIAL OFFICER
MAJOR, RESIDENT OF ROAD
BEHIND YESHWANTHPUR
RAILWAY STATION, YESHWANTHAPUR
BANGALORE
57. SMT LEELA HEBBAR
W/O LATE C S HEBBAR
(EX SECRETARY, PRASANNA ANJANEYA TRUST)
MAJOR, NO.98, 18TH STAGE
VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
58. MANJUNATH
S/O LATE C S HEBBAR
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AND 3 OTHERS
MAJOR NO.98
18TH STAGE, VI PHASE
V MAIN, INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
59. RAJESH
S/O LATE C S HEBBAR
MAJOR
NO. 121, I STAGE
3RD MAIN, V PHASE
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
60. SMT PADMA
D/O LATE C S HEBBAR
MAJOR
NO. 98, 18TH STAGE
VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
61. SMT THIMMARASAMMA
W/O LATE DASAPPA
MAJOR
RESIDENT OF KUMBARA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
62. SMT SIDDARAJAMMA
W/O NATARAJ
D/O LATE DASAPPA
MAJOR
RESIDENT OF KUMBARA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
63. A V SURESH BABU
S/O A VEERARAGHAVALU
MAJOR
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AND 3 OTHERS
"LAKSHMI SRI"
DODDABOMMASANDRA VILLAGE
VIDYARANYAPURA POST
BANGALORE-560097
64. N M PRASHANTH KUMAR
S/O K MUNIYAPPA
AGED ABOUT 44 YEARS
NO.1625, B H ROAD
NELAMANGALA
BANGALORE DISTRICT
65. SMT. KAMALAMMA
DAUGHTER OF LATE LAXMINARASIMHAIAH
WIFE OF LATE THIMMAPPA
AGED ABOUT 74 YEARS
OCCUPATION: HOUSEHOLD
RESIDENT OF HOSAPALYA VILLAGE
KADABA POST, GUBBI TALUK
TUMKUR DISTRICT
66. RAMAIAH
SON OF LATE LAXMINARASIMHAIAH
AGED ABOUT 68 YEAS
OCCUPATION: AGRICULTURE AND BUSINESS
RESIDENT OF JAKKASANDRA VILLAGE
KASABA HOBLI, NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
67. SMT. SAROJAMMA
DAUGHTER OF LATE LAXMINARASIMHAIAH
WIFE OF JAVAREGOWDA
AGED ABOUT 65 YEARS
OCCUPATION: HOUSEHOLD
RESIDENT OF
"VINAYAKA NILAYA"
JYOTHI NAGARA
VAJARAHALLI, NELAMANGALA
BANGALORE RURAL DISTRICT
68. N L SURYANARAYANA
SON OF LATE LAXMINARASIMHAIAH
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AND 3 OTHERS
AGED ABOUT 62 YEARS
OCCUPATION: SERVICE
RESIDENT OF NO. 695
MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
69. SMT. CHANDRAMMA
DAUGHTER OF LATE LAXMINARASIMHAIAH
WIFE OF CHIKKAVENKATARAMU
AGED ABOUT 59 YEARS
OCCUPATION: HOUSEHOLD
RESIDENT OF HOSAPALYA VILLAGE
KADABA POST, GUBBI TALUK
TUMKUR DISTRICT
70. SMT. PUTTANARASAMMA
WIFE OF LATE KRISHNAIAH
AGED ABOUT 66 YEARS
OCCUPATION: HOUSEHOLD
RESIDENT OF NO. 695
MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
71. MADHUKAR
SON OF LATE KRISHNAIAH
AGED ABOUT 40 YEARS
OCCUPATION: AGRICULTURE AND
BUSINESS
RESIDENT NO. 695
MUNICIPAL QUARTERS ROAD
SUBASH NAGAR, NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
72. KUMARASWAMY
SON OF LATE KRISHNAIAH
AGED ABOUT 38 YEARS
OCCUPATION: AGRICULTURE AND
BUSINESS
RESIDENT NO. 695
MUNICIPAL QUARTERS ROAD
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AND 3 OTHERS
SUBASH NAGAR, NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
73. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA
BANGALORE RURAL DISTRICT
BY ITS CHIEF OFFICER
74. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR
B H ROAD
NELAMANGALA
BANGALORE RURAL DISTRICT
BY ITS PRESIDENT
75. G SHIVASHANKAR
PRESIDENT
PRASANNA ANJANEYA TRUST
HOUSE NO. 76
4TH CROSS, BASAVESHWARA
LAYOUT, VIJAYANAGAR
BANGALORE-560040
76. PUTTARAMAIAH
SECRETARY
PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR
B H ROAD,
NELAMANGALA
BANGALORE RURAL DISTRICT
77. H G RAJU
SON OF HANUME GOWDA
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
78. HANUMEGOWDA
SON OF MUDDAIAH
MAJOR
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AND 3 OTHERS
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
79. SMT. M S BHAGYA
WIFE OF H G RAJU
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
80. H CHANDRASHEKAR
SON OF HANUMEGOWDA
MAJOR
RESIDENT OF KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
81. SMT. H MANGALAGOWRI
WIFE OF RAMANNA
MAJOR
RESIDENT OF S.P.G. COLONY
TAVAREKERE
BANGALORE SOUTH TALUK
BANGALORE
82. SMT. T JAYANTHI
WIFE OF S SHIVAPRASAD
DAUGHTER OF G THAMMAIAH
RETIRED COMMERCIAL OFFICER
MAJOR
RESIDENT OF ROAD BEHIND
YESHWANTHAPUR RAILWAY STATION
YESHWANTHAPUR, BANGALORE
83. SMT. LEELA HEBBAR
WIFE OF LATE C S HEBBAR
(EX. SECRETARY, PRASANNA
ANJANEYA TRUST)
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AND 3 OTHERS
MAJOR
NO. 98, 18TH STAGE
VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
84. MANJUNATH
SON OF LATE C S HEBBAR
MAJOR
NO. 98, 18TH STAGE
VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
85. RAJESH
SON OF LATE C S HEBBAR
MAJOR
NO. 121, I STAGE
3RD MAIN, V PHASE
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
86. SMT. PADMA
DAUGHTER OF LATE C S HEBBAR
MAJOR
NO.98, 18TH STAGE
VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
87. SMT. THIMMARASAMMA
WIFE OF LATE DASAPPA
MAJOR
RESIDENT OF KUMBARA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
88. SMT. SIDDARAJAMMA
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AND 3 OTHERS
WIFE OF NATARAJ
DAUGHTER OF LATE DASAPPA
MAJOR
RESIDENT OF KUMBARA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
89. A V SURESH BABU
SON OF A VEERARAGHAVALU
MAJOR
"LAKSHMI SRI"
DODDABOMMASANDRA VILLAGE
VIDYARANYAPURA POST
BANGALORE-560097
90. SMT. JAYAMMA
WIFE OF N NARASINGAPPA
AGED ABOUT 86 YEARS
OCCUPATION: HOUSEHOLD
RESIDENT OF JAKKASANDRA VILLAGE
KASABA HOBLI, NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
91. N BHOGANNA
SON OF N NARASINGAPPA
AGED ABOUT 66 YEARS
OCCUPATION: AGRICULTURE
AND BUSINESS
RESIDENT OF JAKKASANDRA VILLAGE
KASABA HOBLI, NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
92. SMT. VIJAYALAKSHMI
DAUGHTER OF N NARASINGAPPA
WIFE OF LATE GOVINDAIAH
AGED ABOUT 62 YEARS
OCCUPATION: HOUSEHOLD
RESIDENT OF CHANNENAHALLI
BELLAVI POST TALUK AND DISTRICT: TUMKUR
93. SMT INDIRALAKSHMI
DAUGHTER OF N.NARASINGAPPA,
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AND 3 OTHERS
WIFE OF LATE LAKKANNA,
AGED ABOUT 59 YEARS,
OCCUPATION:HOUSEHOLD,
RESIDENT OF ARASINGARA BEEDI,
CHIKKAPETE, TUMKUR.
94. N YOGANANDA
SON OF N.NARASINGAPPA,
AGD ABOUT 54 YEARS,
OCCUPATION:AGRICULTURE AND BUSINESS,
RESIDENT OF JAKKASANDRA VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
95. SMT LAKSHMIDEVI
DAUGHTER OF N.NARASINGAPPA,
WIFE OF RANGASWAMY,
AGED ABOUT 52 YEARS,
OCCUPATION:HOSEHOLD,
RESIDENT OF DASARAMUDDAIANAPALYA,
OORUKERE POST,
TALUK AND DISTRICT:TUMKUR.
96. N HARIPRAKASH
SON OF N.NARASINGAPPA,
AGED ABOUT 50 YEARS,
OCCUPATION:AGRICULTURE AND BUSINESS,
RESIDENT OF JAKKASANDRA VILLAGE,
KASABA HOBLI, NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
97. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA, BANGALORE,
BY ITS CHIEF OFFICER.
98. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT,
BY ITS PRESIDENT.
99. G SHIVASHANKAR
- 20 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
PRESIDENT,
PRASANNA ANJANEYA TRUST,
HOUSE NO.76,
4TH CROSS BASAVESHWARA LAYOUT,
VIJAYANAGAR, BANGALORE-560040
100. PUTTARAMAIAH
SECRETARY, PRASANNA ANJANEYA TRUST,
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT.
101. H G RAJU
SON OF HANUME GOWDA, MAJOR,
RESIDENT OF KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA-562123,
BANGALORE RURAL DISTRICT.
102. HANUMEGOWDA
SON OF MUDDAIAH, MAJOR,
RESIDENT OF KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA-562123,
BANGALORE RURAL DISTRICT.
103. SMT M S BHAGYA
WIFE OF H.G.RAJU, MAJOR,
RESIDENT OF KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA-562123,
BANGALORE RURAL DISTRICT.
104. H CHANDRASHEKAR
SON OF HANUMEGOWDA,MAJOR,
RESIDENT OF KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA-562123,
BANGALORE RURAL DISTRICT.
105. SMT H MANGALAGOWRI
WIFE OF RAMANNA, MAJOR,
- 21 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
RESIDENT OF S.P.G.COLONY,
TAVAREKERE,
BANGALORE SOUTH TALUK,
BANGALORE.
106. SMT T JAYANTHI
WIFE OF S.SHIVAPRASAD,
DAUGHTER OF G.THAMMAIAH,
RETIRED COMMERCIAL OFFICER,
MAJOR,
RESIDENT OF ROAD BEHIND YESHWANTAPUR,
RAILWAY STATION, YESHWANTHAPUR,
BANGALORE.
107. SMT LEELA HEBBAR
WIFE OF LATE C.S.HEBBAR,
(EX.SECRETARY, PRASANNA ANJANEYA TRUST),
MAJOR, NO.98, 18TH STAGE,
VI PHASE, V MAIN,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044.
108. MANJUNATH
SON OF LATE C.S.HEBBAR,
MAJOR, NO.98,
18TH STAGE, VI PHASE,
V MAIN, INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044.
109. RAJESH
SON OF LATE C.S.HEBBAR,
MAJOR, NO.121, I STAGE,
3RD MAIN, V PHASE,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044.
110. SMT PADMA
DAUGHTER OF LATE C.S.HEBBAR,
MAJOR, NO.98, 18TH STAGE,
- 22 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
VI PHASE, V MAIN,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044.
111. SMT THIMMARASAMMA
WIFE OF LATE DASAPPA,
MAJOR, RESIDENT OF KUMBARA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
112. SMT SIDDARAJAMMA
WIFE OF NATARAJ,
DAUGHTER OF LATE DASAPPA,
MAJOR, RESIDENT OF KUMBARA BEEDI,
NELMANGALA TOWN,
BANGALORE RURAL DISTRICT.
113. A V SURESH BABU
SON OF A. VEERARAGHAVALU,
MAJOR, "LAKSHMI SRI",
DODDABOMMASANDRA VILLAGE,
VIDYARANYAPURA POST,
BANGALORE-560097
114. P.RANGAPPA,
SON OF PUTTARANGAIAH,
AGED ABOUT 84 YEARS,
OCCUPATION:AGRICULTURE,
R/O DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
115. N.R.RANGANATH,
SON OF P.RANGAPPA,
AGED ABOUT 50 YEARS,
OCCUPATION: AGRICULTURE,
R/O DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALOR RURAL DISTRICT.
116. N.R.KRISHNADEVARAYA,
- 23 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
SON OF P.RANGAPPA,
AGED ABOUT 48 YEARS,
OCCUPATION: AGRICULTURE,
R/O ARADHYA LAYOUT,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
117. N.R.CHANDRASHEKAR,
SON OF P.RANGAPPA,
AGED ABOUT 44 YEARS,
OCCUPATION AGRICULTURE,
R/O DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
118. N.R.SRIRANGAPPA,
SON OF P.RANGAPPA,
AGED ABOUT 41 YEARS,
OCCUPATION AGRICULTURE,
R/O MUTTON MARKET ROAD
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
119. THE TOWN MUNICIPAL COUNCIL,
NELAMANGALA,
BANGALORE RURAL DISTRICT
BY ITS CHIEF OFFICER.
120. PRASANNA ANJANEYA TRUST,
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT,
BY ITS PRESIDENT.
121. G.SHIVASHANKAR,
PRESIDENT,
PRASANNA ANJANEYA TRUST,
TH
HOUSE No.76, 4 CROSS,
BASAVESHWARA LAYOUT,
VIJAYANAGAR,
BANGALORE-560 040.
- 24 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
122 PUTTARAMAIAH,
MAJOR SECRETARY,
PRASANNA ANJANEYA TRUST,
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT.
123. H.G.RAJU,
SON OF HANUME GOWDA,
MAJOR,
R/O KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA--562123
BANGALORE RURAL DISTRICT.
…RESPONDENTS
(BY SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR
SRI. MOHAMMED TAHIR A., ADVOCATE FOR R1, R2, R4,
R5,R9, & R12; SMT. AMBIKA S & SRI. K.CHANDRAPPA,
ADVOCATES FOR 26-29, 36 & 37; SRI. BALAKRISHNA
SHASTRY, ADVOCATE FOR R13;
R1, R2, R3, R4, R5, R7, R8, R9, R10, R11, R14, R16, R24,
R30, R38 & R39 ARE SERVED AND UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
IN THE WRIT PETITION NO.11883/2006(LA-RES) C/W
WP.NOS.15877-79/2008(LA-RES), WP.NO.16801/2008(LA-
RES), WP.NO.16802/2008(LA-RES) AND WP.NO.15880/2008
(LA-RES) DATED 10/10/2012 IN THE INTERESTS OF JUSTICE
AND EQUITY.
IN WA NO. 8447/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR,
B H ROAD, NELAMANGALA,
- 25 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
BANGALORE RURAL DISTRICT 562123
BY ITS PRESIDENT.
2. G SHIVASHANKAR
MAJOR
PRESIDENT, PRASANNA ANJANEYA TRUST
HOUSE NO.76, 4TH CROSS ROAD,
BASAVESHWARA LAYOUT,
VIJAYANAGAR,
BANGALORE 560040.
3. H G RAJU
SON OF HANUME GOWDA
MAJOR,
RESIDENT OF KOTE BEEDI,
PARAPPASWAMY MATH,
NELAMANGALA,
BANGALORE RURAL DISTRICT 562123
...APPELLANTS
(SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR A1 & A3)
AND:
1. HANUMANTHAPPA
AGED ABOUT 52 YEARS
SON OF MOGANNA
OCCUPATION: AGRICULTURE & COOLIE
2. SIDDABYALAPPA
AGED ABOUT 45 YEARS
SON OF MOGANNA
OCCUPATION: AGRICULTURE & COOLIE
R1 & 2 ARE REPRESENTED BY GPA HOLDER
3. VENKATESH
AGED ABOUT 37 YEARS
SON OF PUTTAPPA
OCCUPATION: AGRICULTURE & WEAVING
- 26 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
4. SEENAPPA @ SRINIVAS
AGED ABOUT 52 YEARS
SON OF SIDDAGANGAIAH
OCCUPATION: AGRICULTURE
5. SIDDABYLAPPA
AGED ABOUT 66 YEARS
SON OF SIDDAPPA
OCCUPATION: COOLIE AND CARPENTARY
6. SMT ARASAMMA
AGED ABOUT 86 YEARS
WIFE OF BYLAPPA
OCCUPATION: NIL
7. SMT GANGAMMA
AGED ABOUT 42 YEARS
DAUGHTER OF ARASAAMMA
(WIFE OF BASAVARAJ)
OCCUPATION: HOUSEWIFE
8. SMT SAKAMMA
AGED ABOUT 56 YEARS
WIFE OF BYLA MURTHY
OCCUPATION: HOUSEWIFE
9. SMT SIDDAMMA
AGED ABOUT 46 YEARS
WIFE OF BYLA VENKATAPPA
OCCUPATION: HOUSEWIFE
10. HANUMANTHAPPA
AGED ABOUT 55 YEARS
SON OF LATE BYLAPPA
OCCUPATION: AGRICULTURE & COOLIE
11. BYALAVENKATAPPA
AGED ABOUT 65 YEARS
SON OF BYLAPPA
OCCUPATION: AGRICULTURE & COOLIE
- 27 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
R10 AND 11 BY GPA HOLDER GANGAMMA
WIFE OF BASAVARAJ - RESPONDENT OF NO.7
R1-11 ARE RESIDENTS OF KOTE BEEDI
NELAMANGALA,
BANGALORE RURAL DISTRICT 562123
12. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA
BANGALORE 560001
13. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
URBAN DEVELOPMENT DEPT
BANGALORE 560 001
14. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF HOUSING
VIKAS SOUDHA
BANGALORE 560 001
15. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA, BANGALORE-562123
BY ITS CHIEF OFFICER.
16. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
BANGALORE 560009
17. A V SURESH BABU
SINCE DEAD BY LRS
17(a) SMT DHANALAKSHMI
MAJOR, W/O LATE A V SURESH BABU,
R/A APOORVA APARTMENTS,
D B SANDRA, BANGALORE - 560097.
17(b) KULDEEP
AGED ABOUT 27 YEARS,
S/O LATE A V SURESH BABU,
- 28 -
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
R/A APOORVA APARTMENTS,
D B SANDRA, BANGALORE - 560097.
18. SYED SAJID
AGED ABOUT 35 YEARS
SON OF LATE SYED SADIQ
19. SYED WAJID
AGED ABOUT 30 YEARS
SON OF LATE SYED SADIQ
20. SYED MUJAHID
AGED ABOUT 32 YEARS
SON OF LATE SYED SADIQ
21. SYED ABID
AGED ABOUT 34 YEARS
SON OF LATE SYED SADIQ
R18 RO R21 ARE RESIDENT OF NO.416/29
18TH MAIN, 4TH T BLOCK
JAYANAGAR, BANGALORE 560041
22. SRI A G RAJU
AGED ABOUT 65 YEARS
SON OF ANDANAPPA
RESIDING AT KULAVANAHALLI
THYAMAGONDLU HOBLI
NELAMANGALA TALUK-562123
23. SRI H HANUMANTHAIAH
AGED ABOUT 59 YEARS
SON OF HANUMAIAH
RESIDING AT KULAVANAHALLI
THYAMAGONDLU HOBLI
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT 562123
24. SRI K MANI
AGED ABOUT 61 YEARS
SON OF LATE KRISHNAPPA
RESIDING AT NO.9
- 29 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
7A CROSS, D BLOCK
(NEAR JANAKI SHIVAM COMPLEX)
MAGADI ROAD, BANGALORE 560023
25. SRI GHOUSEPEER KHAN
AGED ABOUT 64 YEARS
SON OF PEER KHAN
RESIDING AT KULAVANAHALLI
THYAMAGONDLU HOBLI
NELAMANGALA TALUK 562123
26. SMT ANUSYA D K
AGED ABOUT 74 YEARS
WIFE OF LATE S SATHYAMURTHY
RESIDING AT NO.7
4TH CROSS, KUMARA PARK WEST
EXTENSION
BANGALORE 560020
27. S N RAJA RAO
AGED ABOUT 73 YEARS
SON OF S NARAYANA RAO
RESIDING AT NO.9
IV BLOCK, 4TH CROSS
KUMARA PARK WEST EXTENSION
BANGALORE 560020
28. SMT SAROJA
AGED ABOUT 69 YEARS
WIFE OF S VASUDEVA RAO
RESIDING AT NO.5
OLD NO.3, 9TH CROSS
SWIMMING POOL EXTENSION
MALLESHWARAM
BANGALORE 560 001
29. SMT SHANTHA
AGED ABOUT 66 YEARS
W/O LATE M L NAGARAJ
RESIDING AT NO.16
AKSHYA GRUHA LAKSHMI COLONY
1ST STAGE, WEST OF CHORD ROAD
- 30 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
BASAVESHWARA NAGAR
BANGALORE 560079
30. P N NUTHANA BABU
AGED ABOUT 43 YEARS
SON OF L G KRISHNAMURTHY
RESIDING LGM ARCADE, 1ST FLOOR
NO.22, LAKSHMAN MUDALIAR STREET
BANGALORE 560 001
31. P V NAGESH BABU
AGED ABOUT 49 YEARS
SON OF P R VENKATACHALAPATHY SETTY
RESIDING AT NO.84
2ND MAIN ROAD,
GAYATHRI NAGAR
BANGALORE 560021
32. B R NAGARAJA SETTY
AGED ABOUT 72 YEARS
SON OF LATE B L R K SETTY
RESIDING AT NO.483
1ST FLOOR, 3RD MAIN
50 FT ROAD, NAGENDRA BLOCK
HANUMANTHANAGAR
BANGALORE 560050
33. M NARENDRA BABU
SON OF VISHWANATH RAO
MAJOR
NO.55, 18TH MAIN
1ST CROSS, CANARA BANK COLONY
UTTARAHALLI ROAD
BANGALORE 560061
34. P V SHASHI KUMAR
AGED ABOUT 47 YEARS
SON OF P R VENKATACHALAPATHY SETTY
RESIDING AT NO.84
2ND MAIN ROAD, GAYATHRINAGAR
BANGALORE 560021
- 31 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
35. A REDDY VIKRAM
AGED ABOUT 40 YEARS
SON OF RAJAGOPAL
RESIDING AT C/O K SIKJUMAR
NO.18, CANARA BANK COLONY
CHIKKALASANDRA VILLAGE
SUBRAMANYAPURA ROAD
BANGALORE 560061
36. K ANANTHA PADMANABHA
AGED ABOUT 59 YEARS
SON OF LATE H N KRISHNA MURTHY
RESIDING AT NO.13/1,
I E MAIN
B K NAGAR,
YESHWANTHPURA
BANGALORE 560 022
37. SUBRAMANYA
AGED ABOUT 62 YEARS
SON OF LATE H S KRISHNAMURTHY
RESIDING AT NO.471
2ND BLOCK,
RAJAJINAGAR
38. HUTCHISON ESSAR SOUTH
PRESTIGE BLUE CHIP
GROUND FLOOR,
BLOCK-1, NO.9
HOSUR ROAD
BANGALORE 560029
BY ITS MANAGER
39. MHOMAD NOORULLA HUSSAIN
ZAX AUTOMOBILE
B H ROAD
- 32 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
NELAMANGALA
BANGALORE 562123
...RESPONDENTS
(SRI. VENKATA SATYANARAYAN.A, ADVOCATE FOR
IMPLEADING APPLICANT AS PROPOSED R40 & R41;
SRI. ABHINAY.P.PATIL, ADVOCATE FOR R1-R11;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R10 & R12;
SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R11;
R13, 14, 24, 24(a & b) ARE SERVED AND
UNREPRESENTED;
R15-23 NOTICE HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.11883/2006 DATED
10/10/2012.
IN WA NO. 8448/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT,
BANGALORE.562123
2. G SHIVASHANKAR
AGED ABOUT 69 YEARS
PRESIDENT,
PRASANNA ANJANEYA TRUST,
HOUSE NO.76, 4TH CROS ROAD,
BASAVESHWARA LAYOUT,
VIJAYANAGAR,
BANGALORE-560040
3. H G RAJU
- 33 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
SON OF HANUME GOWDA,
AGED ABOUT 65 YEARS,
RESIDENT OF KOTE BEEDI,
PARAPPASWAMY MATH,
NELAMAGALA,
BANGALORE RURAL DISTRICT-562123.
(SENIOR CITIZEN BENEFIT NOT CLAIMED BY
APPELLANTS)
...APPELLANTS
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1
TO A3;)
AND:
1. SMT. KAMALAMMA
DAUGHTER OF LATE LAXMINARASIMHAIAH,
WIFE OF LATE THIMMAPPA,
AGED ABOUT 73 YEARS,
OCCUPATION: HOUSEHOLD,
RESIDENT OF HOSAPALYA VILLAGE,
KADABA POST,
GUBBI TALUK,
TUMKUR DISTRICT.572214
2. RAMAIAH
SON OF LATE LAXMINARASIMHAIAH,
AGED ABOUT 67 YEARS,
OCCUPATION:AGRIUCLTURE AND BUSINESS,
RESIDENT OF JAKKASANDRA VILLAGE,
KASABA HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.562123
3. SMT SAROJAMMA
DAUGHTER OF LATE LAXMINARASIMHAIAH,
WIFE OF JAVAREGOWDA,
AGED ABOUT 64 YEARS,
OCCUPATION: HOUSEHOLD,
RESIDINET OF "VINAYAKA NILAYA",
JYOTHI NAGAR,
VAJARAHALLI, NELAMANGALA,
- 34 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
BANGALORE RURAL DISTRICT.562123
4. N L SURYANARAYANA
SON OF LATE LAXMINARASIMHAIAH,
AGED ABOUT 61 YEARS,
OCCUPATION:SERVICE,
RESIDENT OF NO.695,
MUNICIPAL QUARTERS ROAD,
SUBASH NAGAR, NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.562123
5. SMT CHANDRAMMA
DAUGHTER OF LATE LAXMINARASIMHAIAH,
WIFE OF CHIKKAVENKATARAMU,
OCCUPATION:HOUSEHOLD,
RESIDENT OF HOSAPALYA VILLAGE,
KADABA POST, GUBBI TALUK,
TUMKUR DISTRICT-572214
6. SMT PUTTANARASAMMA
WIFE OF LATE KRISHNAIAH,
AGED ABOUT 65 YEARS,
OCCUPATION: HOUSEHOLD,
RESIDENT OF 0.695,
MUNICIPAL QUARTERS ROAD,
SUBASH NAGAR, NELLAMANGALA TOWN,
BANGALORE RURAL DISTRICT-572723
7. MADHUKAR
SON OF LATE KRISHNAIAH,
AGED ABOUT 39 YEARS,
OCCUPATION:AGRICULTURE AND BUSINESS,
RESIDENT NO.695,
MUNICIPAL QUARTERS ROAD,
SUBHASH NAGAR,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT-562123
8. KUMARASWAMY
SON OF LATE KRISHNAIAH,
AGED ABOUT 37 YEARS,
OCCUPATION: AGRICULTURE AND BUSINESS,
- 35 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
RESIDENT NO.695,
MUNICIPAL QUARTERS ROAD,
SUBHASH NAGAR,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.562123
9. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY TO GOVERNMENT,
VIDHANA SOUDHA,
BANGALORE-560001
10. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA
BANGALORE-560001
11. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOUSING,
VIKASA SOUDHA,
BANGALORE-560001
12. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA,
BANGALORE-562123,
BY ITS CHIEF OFFICER.
13. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
BANGALORE.560009
14. HANUMEGOWDA
SON OF MADIAH,
MAJOR,
RESIDENT OF KOTE BEEDI,
NELAMANGALA 562123,
BANGALORE RURAL DISTRICT.
15. SMT M S BHAGYA
WIFE OF H.G.RAJU,
MAJOR,
- 36 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
RESIDENT OF KOTE BEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA 562123,
BANGALORE RURAL DISTRICT.
16. H CHANDRASHEKAR
SON OF HANUMEGOWDA,
MAJOR,
RESIDENT OF KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA 562123,
BANGALORE RURAL DISTRICT.
17. SMT H MANGALAGOWRI
WIFE OF RAMANNA,
MAJOR,
RESIDENT OF S.P.G. COLONY,
TAVAREKERE,
BANGALORE.562130
18. SMT T JAYANTHI
WIFE OF S SHIVAPRASAD,
DAUGHTER OF G.THAMMAIAH,
RETIRED COMMERCIAL OFFICER,
MAJOR,
RESIDENT OF ROAD BEHIND,
YESHAWANTHAPUR,
RAILWAY STATION, YESHWANTHAPUR,
BANGALORE.560022
19. SMT LEELA HEBBAR
WIFE OF LATE C.S.HEBBAR,
(EX. SECRETARY,
PRASANNA ANJANEYA TRUST TRUST)
MAJOR, NO.98, 18TH STAGE,
VI PHASE, V MAIN,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560O44
20. MANJUNATH
SON OF LATE C.S.HEBBAR,
- 37 -
WA No. 2616 of 2013
C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
MAJOR,
NO.98, 18TH STAGE, VI PHASE,
V.MAIN, INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044
21. RAJESH
SON OF LATE C.S.HEBBAR,
MAJOR,
NO.121, 1ST STAGE,
3RD MAIN, V.PHASE,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044
22. SMT PADMA
DAUGHTER OF LATE C.S.HEBBAR,
MAJOR,
NO.98, 18TH STAGE,
5TH MAIN, VI PHASE,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE-560044
23. SMT THIMMARASAMMA
WIFE OF LATE DASAPPA,
MAJOR,
RESIDENT OF KUMBARA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.562123
24. SMT SIDDARAJAMMA
DAUGHTER OF LATE DASAPPA,
MAJOR,
RESIDENT OF KUMBARA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.562123
25. SRI A V SURESH BABU
SINCE DEAD, REP. BY LRs
25(a) SMT.DHANALAKSHMI.
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
W/O LATE A.V.SURESH BABU
25(b) KULDEEP,
S/O LATE A.V.SURESH BABU
BOTH R/AT APOORVA APARTMENTS,
D B SANDRA, BANGALORE-97.
...RESPONDENTS
(BY SRI. ABHINAY P PATIL, ADVOCATE FOR R1-R7;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R8-R10 & R12;
SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R11;
R13, R14, R24, R25(a & b) ARE SERVED &
UNREPRESENTED;
NOTICE TO R15-R23 IS HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.16801/2008 DATED
10/10/2012.
IN WA NO. 8449/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR
B H ROAD, NELAMANGALA
BANGALORE RURAL DISTRICT
BY ITS PRESIDENT
2. G SHIVASHANKAR
MAJOR,
PRESIDENT PRASANNA ANJANEYA TRUST
HOUSE NO.76, 4TH CROSS ROAD
BASAVESHWARA LAYOUT
VIJAYANAGAR, BANGALORE-560040
3. H C RAJU
S/O HANUME GOWDA
MAJOR
R/O KOTE BEEDI
PARAPPASWAMY MATH
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
NELAMANGALA
BANGALORE RURAL DISTRICT
...APPELLANTS
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1 & A3)
AND:
1. SMT. JAYAMMA
W/O N NARASINGAPPA
AGED ABOUT 85 YEARS
OCCUPATION:HOUSEHOLD
R/O JAKKASANDRA VILLAGE
KASABA HOBLI
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
2. N BHOGANNA
S/O N NARASINGAPPA
AGED ABOUT 60 YEARS
OCCUPATION: AGRICULTURE AN BUSINESS
R/O JAKKASANDRA VILLAGE
KASABA HOBLI
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
3. SMT VIJAYALAKSHMI
D/O N NARASINGAPPA
W/O LATE GOVINDAIAH
AGED ABOUT 56 YEARS
OCCUPATION:HOUSEHOLD
R/O CHANNENAHALLI
BELLAVI POST
TALUK AND DISTRICT TUMKUR
4. SMT INDIRALAKSHMI
D/O N NARASINGAPPA
W/O LATE LAKKANNA
AGED ABOUT 53 YEARS
OCCUPATION:HOUSEHOLD
R/O ARASINGARA BEEDI
CHIKKAPETE, TUMKUR
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AND 3 OTHERS
5. N YOGANANDA
S/O N NARASINGAPPA
AGED ABOUT 48 YEARS
OCCUPATION:AGRICULTURE AND BUSINESS
R/O JAKKASANDRA VILLAGE
KASABA HOBLI
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
6. SMT LAKSHMIDEVI
D/O N NARASINGAPPA
W/O RANGASWAMY
AGED ABOUT 46 YEARS
OCCUPATION:HOUSEHOLD
R/O DASARAMUDDAIANAPALYA
OORUKERE POST
TALUK AND DISTRICT TUMKUR
7. N HARIPRAKASH
S/O N NARASINGAPPA
AGED ABOUT 44 YEARS
OCCUPATION: AGRICULTURE AND BUSINESS
KASABA HOBLI
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT
8. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA
BANGALORE-560001
9. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
URBAN DEVELOPMENT DEPT,
VIKASA SOUDHA,
BANGALORE-560001
10. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
DEPARTMENT OF HOUSING
VIKAS SOUDHA
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AND 3 OTHERS
BANGALORE-560001
11. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA
BANGALORE
BY ITS CHIEF OFFICER
12. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
BANGALORE
13. HANUMEGOWDA
S/O MUDDAIAH
MAJOR
R/O KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
14. SMT M S BHAGYA
S/O H G RAJU
MAJOR
R/O KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA-562123
BANGALORE RURAL DISTRICT
15. H CHANDRASHEKAR
S/O HANUMEGOWDA
MAJOR
R/O KOTE BEEDI
NEAR PARAPPASWAMY MATH
NELAMANGALA 562123
BANGALORE RURAL DISTRICT
16. SMT H MANGALAGOWRI
W/O RAMANNA
MAJOR
R/O S P G COLONY
TAVAREKERE
BANGALORE SOUTH TALUK
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AND 3 OTHERS
17. SMT T JAYANTHI
W/O S SHVIAPRASAD
D/O G THAMMAIAH
RETIRED COMMERCIAL OFFICER
MAJOR
R/O ROAD BIND YESHWANTHAPUR
RAILWAY STATION
YESHWANTHAPUR, BANGALORE
18. SMT LEELA HEBBAR
W/O LATE C S HEBBAR
(EX SECRETARY, PRASANNA ANJANEYA TRUST)
MAJOR, NO.98
18TH STAGE, VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
19. MANJUNATH
S/O LATE C S HEBBAR
MAJOR
NO.98, 18TH STAGE, VI PHASE
V MAIN, INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
20. RAJESH
S/O LATE C S HEBBAR
MAJOR
NO.121, 1ST STAGE
3RD MAIN, V PHASE
INDUSTRIAL TOWN
WEST OF CHORD ROAD
BANGALORE-560044
21. SMT PADMA
D/O LATE S HEBBAR
MAJOR
NO.98, 18TH STAGE
VI PHASE, V MAIN
INDUSTRIAL TOWN
WEST OF CHORD ROAD
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AND 3 OTHERS
BANGALORE-560044
22. SMT THIMMARASAMMA
W/O LATE DASAPPA
MAJOR
R/O KUMBARA BEEDI
NELAMANGALA TOWN
BANGLORE RURAL DISTRICT
23. SMT SIDDARAJAMMA
W/O NATARAJ
D/O LATE DASAPPA
MAJOR
R/O KUMBARA BEEDI
NELAMANGALA TOWN
BANGALORE RURAL DISTRICT
24. A V SURESH BABU
SINCE DEAD BY LRs
24(a) SMT DHANALAKSHMI
MAJOR, W/O LATE A V SURESH BABU,
R/A APOORVA APARTMENTS,
D B SANDRA, BANGALORE - 560097.
24(b) KULDEEP
AGED ABOUT 27 YEARS,
S/O LATE A V SURESH BABU,
R/A APOORVA APARTMENTS,
D B SANDRA, BANGALORE - 560097.
...RESPONDENTS
(BY SRI. ABHINAY P PATIL., ADVOCATE FOR R1 TO R7;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R8-R10 & R12;
SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R11;
R13, R14, R24, R25(a & b) ARE SERVED AND
UNREPRESENTED;
NOTICE TO R15- R23 IS HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.16802/2008 DATED
10/10/2012.
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C/W WA No. 8447 of 2012
WA No. 8448 of 2012
AND 3 OTHERS
IN WA NO. 8450/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR,
B H ROAD, NELAMANGALA,
BANGALORE RURAL DISTRICT,
BY ITS PRESIDENT
2. G SHIVASHANKAR
MAJOR,
PRESIDENT, PRASANNA ANJANEYA TRUST,
HOUSE NO. 76, 4TH CROSS ROAD,
BASAVESHWARA LAYOUT,
VIJAYANAGAR,
BANGALORE- 560 040
3. H G RAJU
S/O HANUME GOWDA,
MAJOR,
R/O KOTE BEEDI,
PARAPPASWAMY MATH,
NELMANGALA,
BANGALORE RURAL DISTRICT
...APPELLANTS
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1, A2
& A3)
AND:
1. P RANGAPPA
S/O PUTTARANGAIAH,
AGED ABOUT 78 YEARS,
OCCUPATION: AGRICULTURE,
R/O DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
2. N R RANGANATH
S/O RANGAPPA,
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AND 3 OTHERS
AGED ABOUT 44 YEARS,
OCCUPATION AGRICULTURE,
R/O DEVANGA BEEDI,
NELAMANGALA TOWN,
BAANGALORE RURAL DISTRICT
3. N R KRISHNADEVARAYA
SINCE DEAD BY LRs
3(a) SMT. MANJULA,
W/O LATE N.R.KRISHNADEVARAYA,
AGED ABOUT 40 YEARS,
R/AT HIPPE ANJANAYA SWAMY LAYOUT,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT-562 123.
3(b) BHAGYA LAKSHMI,
D/O LATE N.R.KRISHNADEVARAYA,
AGED ABOUT 40 YEARS,
R/AT HIPPE ANJANAYA SWAMY LAYOUT,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT-562 123.
3(c) SRI. RANGASWAMY,
S/O LATE N.R.KRISHNADEVARAYA,
AGED ABOUT 40 YEARS,
R/AT HIPPE ANJANAYA SWAMY LAYOUT,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT-562 123.
4. N R CHANDRASHEKAR
S/O P RANGAPPA,
AGED ABOUT 38 YEARS,
OCCUPATION AGRICULTURE,
R/O DEVANGA BEEDI,
NELAMANGALA TOWN,
BAANGALORE RURAL DISTRICT
5. N R SRIRANGAPPA
S/O P RANGAPPA,
AGED ABOUT 35 YEARS,
OCCUPATION AGRICULTURE,
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AND 3 OTHERS
R/O MUTTON MARKET ROAD,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT
6. STATE OF KARNATAKA
BY CHIEF SECRETARY TO
GOVERNMENT,
VIDHANA SOUDHA,
BANGALORE- 560 001
7. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF URBAN
DEVELOPMENT, VIKAS SOUDHA
BANGALORE- 560 001
8. STATE OF KARNATAKA
BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOUSING,
VIKAS SOUDHA,
BANGALORE- 560 001
9. THE TOWN MUNICIPAL COUNCIL
NELAMANGALA,
BANGALORE
BY ITS CHIEF OFFICER
10. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
BANGALORE
11. HANUMEGOWDA
S/O MUDIAH, MAJOR,
R/O KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELAMANGALA- 562 123
BANGALORE RURAL DISTRICT
12. SMT M S BHAGYA
W/O H G RAJU, MAJOR,
R/O KOTE BEEDI,
NEAR PARAAPPASWAMY MATH,
NELAMANGALA- 562 123
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AND 3 OTHERS
BANGALORE RURAL DISTRICT
13. H CHANDRSHEKAR
S/O HANUMEGOWDA,
MAJOR,
R/O KOTE BEEDI,
NEAR PARAPPASWAMY MATH,
NELMANGALA- 562 123,
BANGALORE RURAL DISTRICT
14. SMT H MANGALAGOWRI
W/O RAMANNA, MAJOR,
R/O S.P.G. COLONY,
TAVAREKERE, BANGALORE
15. SMT T JAYANTHI
W/O S SHIVAPRASAD,
D/O G THAMMAIAH,
RETIRED COMMERCIAL OFFICER
MAJOR,
R/O ROAD BEHIND
YESHWANTHAPUR,
RAILWAY STATION, YESHWANTHPUR
BANGALORE
16. SMT LEELA HEBBAR
W/O LATE C S HEBBAR,
(EX.SECRETARY, PRASANNA ANJANEY TRUST)
MAJOR,NO.98, 18TH STAGE,
VI PHASE, V MAIN,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE- 560 044
17. MANJUNATH
S/O LATE C S HEBBAR,
MAJOR,NO.98, 18TH STAGE,
VI PHASE, V MAIN,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE- 560 044
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AND 3 OTHERS
18. RAJESH
S/O LATE C S HEBBAR,
MAJOR,
NO. 121, 1ST STAGE,
3RD MAIN, V PHASE,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE- 560 044
19. SMT PADMA
D/O LATE C S HEBBAR,
MAJOR,
NO. 121, 1ST STAGE,
3RD MAIN, V PHASE,
INDUSTRIAL TOWN,
WEST OF CHORD ROAD,
BANGALORE- 560 044
20. SMT THIMMARASMMA
W/O LATE DASAPPA,
MAJOR,
R/O KUMBARA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT
21. SMT SIDDARAJAMMA
W/O LATE DASAPPA,
MAJOR,
R/O KUMBARA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT
22. SRI A V SURESH BABU
SINCE DEAD BY LRs.,
22(a) SMT. DHANALAKSHMI,
W/O LATE A.V.SURESH BABU,
MAJOR,
22(b) BANGARU, S/O LATE A.V.SURESH BABU,
AGE 38 YEARS,
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AND 3 OTHERS
22(c) KULDEEP, S/O LATE A.V. SURESH BABU,
AGE 36 YEARS,
R-22(a) TO (c) ARE
R/AT "LAKSHMI SRI",
DODDABOMMASANDRA VILLAGE,
VIDYARANYAPURA POST,
BENGALURU-560097.
23. SRI N M PRASHANTH KUMAR
S/O K MUNIYAPPA,
AGED ABOUT 38 YEARS,
NO. 1625, B.H. ROAD,
NELAMANGALA,
BANGALORE DISTRICT
...RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R6-8 & R10;
SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. VIVEK HOLLA, ADVOCATE FOR R15;
SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR
SRI. MOHAMMED TAHIR AND SRI.VARUN.J.PATIL,
ADVOCATES FOR R2, R3 (a - C) R4 & R5;
R1, R9, R11, R12, R13, R14, R20, R21, R23, R22(a) &
R22(b) ARE SERVED AND UNREPRESENTED;
NOTICE TO R5, R7 & R16-19 ARE HELD SUFFICIENT)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.15877-79/2008 DATED
10/10/2012.
IN WA NO. 8451/2012
BETWEEN:
1. PRASANNA ANJANEYA TRUST
RAGHAVENDRA NAGAR,
B.H.ROAD, NELAMANGALA 562123,
BANGALORE RURAL DISTRICT,
BY ITS PRESIDENT.
2. G.SHIVASHANKAR,
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AND 3 OTHERS
PRESIDENT,
PRASANNA ANJANEYA TRUST,
HOURSE NO.76, 4TH CROSS,
BASAVESHWARA LAYOUT,
VIJAYANAGAR,A
BANGALORE-560 040.
3. H.G.RAJU,
SON OF HANUME GOWDA,
MAJOR,
RESIDENT OF KOTE BEEDI,
PARAPPASWAMY MATH,
NELAMANGALA,
BANGALORE RURAL DISTRICT.
...APPELLANTS
(BY SRI. G.BALAKRISHNA SHASTRY, ADVOCATE FOR A1, A2,
A3)
AND:
1. P RANGAPPA
SON OF PUTTARANGAIAH,
AGED ABOUT 78 YEARS,
OCCUPATION:AGRICULTURE,
RESIDENT OF DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
2. N.R.RANGANATH
SON OF RANGAPPA,
AGED ABOUT 49 YEARS,
OCCUPATION:AGRICULTURE,
RESIDENT OF DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT
3. N.R.KRISHNADEVARAYA,
SINCE DEAD BY LRs
3(a) SMT. MANJULA
W/O LATE N.R. KRISHNADEVARAYA
AGED ABOUT 40 YEARS
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AND 3 OTHERS
R/AT HIPPE ANJANAYA SWAMY LAYOUT
NELAMANGALA TOWN
BENGALURU RURAL DISTRICT - 562 123
3(b) BHAGYA LAKSHMI
D/O LATE N.R. KRISHNADEVARAYA
AGED ABOUT 25 YEARS
R/AT HIPPE ANJANAYA SWAMY LAYOUT
NELAMANGALA TOWN
BENGALURU RURAL DISTRICT - 562 123
3(c) SRI. RANGASWAMY
S/O LATE N.R. KRISHNADEVARAYA
AGED ABOUT 25 YEARS
R/AT HIPPE ANJANAYA SWAMY LAYOUT
NELAMANGALA TOWN
BENGALURU RURAL DISTRICT - 562 123
4. N.R.CHANDRASHEKAR
S/O OF P.RANGAPPA,
AGED ABOUT 38 YEARS,
OCCUPATION: AGRICULTURE,
RESIDENT OF DEVANGA BEEDI,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
5. N.R.SRIRANGAPPA,
S/O P.RANGAPPA,
AGED ABOUT 40 YEARS,
OCCUPATION:AGRICULTURE,
RESIDENT OF MUTTON MARKET ROAD,
NELAMANGALA TOWN,
BANGALORE RURAL DISTRICT.
6. STATE OF KARNATAKA,
BY ITS CHIEF SECRETARY TO GOVERNMENT,
VIDHANA SOUDHA,
BANGALORE-560 001
7. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
URBAN DEVELOPMENT DEPT.,
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AND 3 OTHERS
BANGALORE-560 001
8. STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOUSING,
VIKAS SOUDHA,
BANGALORE-560 001
9. THE TOWN MUNICIPAL COUNCIL,
NELAMANGALA,
BANGALORE RURAL DISTRICT
BY ITS CHIEF OFFICER.
10. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT,
BANGALORE.
...RESPONDENTS
(BY SRI. R.V.RAMESH KUMAR, ADVOCATE FOR R9;
SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R6-R8 & R10;
SRI. JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR
SRI. MOHAMMED TAHIR AND SRI. VARUN J PATIL,
ADVOCATES FOR R2, R3(a-c) R4 & R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.15880/2008 DATED
10/10/2012.
THESE APPEALS HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT ON 10.03.2026, COMING ON FOR
PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE
D K SINGH., PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE S RACHAIAH
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AND 3 OTHERS
CAV JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra court appeal has been filed impugning
the judgment and order dated 10.02.2012 passed by the writ
Court in W.P.No.11883/2006 connected with W.P.Nos.15877-
79/2008, W.P. No.16801/20028, W.P.No.16802/2008 and
W.P.No.15880/2008 filed by the respondents.
2. The parties are referred to as per their ranking
before the writ Court for the sake of convenience.
3. The petitioners had filed aforesaid writ petitions
impugning the land acquisition proceedings undertaken by the
State under the provisions of the Karnataka Acquisition of Land
for House Sites Act, 1972(hereinafter referred to as 'the Act of
1972' for the sake of brevity).
4. The learned Single Judge vide impugned judgment
and order has allowed the writ petitions and the acquisition
proceedings pursuant to the preliminary notification dated
12.02.1987 and the final notification dated 13.08.1987 have
been quashed, and a direction has been issued to the
respondents-State and Authorities to recover the possession of
the land from Prasanna Anjaneya Trust and such other third
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AND 3 OTHERS
parties and to redeliver the possession of the subject lands to
the petitioners and other land owners. The land owners and the
petitioners have been directed to refund the compensation
amount, if any received by them to the State with interest at
the rate of 12% per annum from the date of receipt till date of
payment.
FACTS:
5. Briefly stated facts of the case are that Prasanna
Anjaneya Trust is a registered public trust with object
of:"Keeping in view of the objects of this Trust is in order to
help the weaker section of the society. Particularly, housing
problem, the provisions have been made in this Trust to
purchase the lands from private parties or from the
Government and to distribute the house sites in the interest of
the Trust."
6. The State Government issued a Government Order
on 29.09.1983 vide G.o.No.HUD.25 SWS 82, authorising the
Deputy Commissioners, Special Deputy Commissioners to pay
80% of the amount likely to be awarded as compensation
under Section 5 of the Act of 1972. The Town Municipal
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AND 3 OTHERS
Council, Nelamangala passed a Resolution, resolving to acquire
the lands, and thereafter to form the layout at the costs of the
Trust and to obtain necessary sanction or permission from the
Government. The said the Resolution was communicated to the
Assistant Commissioner, Doddaballapura Sub-Division,
Doddaballapura. The Town Municipal Council, Nelamangala,
however stated that it had no funds to form layout and pay
compensation to the land owners. The Deputy Commissioner
issued an official memorandum dated 02.11.1984 accepting the
Resolution dated 26.06.1984, subject to the following
conditions:
"a. The Trust should enter into an
agreement with the Town Municipal Council, and
Assistant Commissioner, doddaballapura Sub-
Division as per Rules, agreeing to keep 150 sites of
suitable dimensions in favour of the Town Municipal
Council for free of cost immediately unconditionally.
b. Acquisition, development and other
charges should be borne by the Trust only and the
appropriate funds be kept at the disposal of the
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AND 3 OTHERS
Assistant Commissioner, Doddaballapura Sub-
Division and Town Municipal Council, Nelamangala
respectively in advance.
c. Sites should be formed and distributed
strictly in accordance with the Government Order
No. HUD 111 dated 26.11.1978.
d. Corner sites should be put to public
auction.
e. Layout plan should be got approved by
the Town Planning Authorities.
f. Acquisition proceedings have to be done
as per the provisions of the Act of 1972.
g. Other conditions to safeguard the
instant interest of the Town Municipal Council have
to be included in the agreement."
7. An agreement between the Trust and the Assistant
Commissioner, Doddaballapura sub-division. Doddaballapura
was entered into under which 150 sites were to be handed over
to the Town Municipal Council, Nelamangala at free of cost. The
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said request was approved by the State Government with
certain conditions on 09.10.1986 by issuing a Government
Order.
8. The Government permitted to acquire the revenue
lands in Survey No.214 to 220 and 8/3 of Jakkasandra Village,
Kasaba Hobli, Nelamangala Taluk measuring about 30 acres on
behalf of Sri Prasanna Anjaneya Trust ® B.H. Road,
Nelamangala on certain conditions:
"i. The expenses towards acquisition and
development of the 30 acres land would be borne by
the Trust and the Trust would deposit the entire cost
of acquisition of land with the Land Acquisition
Officer and expenses towards development and
other charges were to be deposited with
Nelamangala City Municipal Council in advance.
ii. The Trust would be required to obtain
sanction from the Town Planning Authority and to
develop the layout in the guise of Nelamangala City
Municipal Council as per the terms and conditions of
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the Government Order or the Nelamangala City
Municipal Council should develop the same by itself.
iii. After completion of formation of the
layout, the Trust should enter into an agreement,
agreeing to hand over 150 sites measuring 30 x 40
feet to east to the Nelamangala City Municipal
Council, free of cost to distribute the same to SC/ST
at free of cost.
iv. If the said 150 sites would be formed in
Survey No.8/3, if the area in Survey No.8/3 was not
sufficient for forming 150 sites, it could utilise the
adjacent area in Survey No.218/3 and then hand
over to the City Municipal Council, after which
Nelamangala City Municipal Council was to identify
the poor people belonging to a SC/ST category, who
were eligible for acquiring the sites and thereafter
as per the terms and conditions contained in the
Order No.NE 111 MSM 78 dated 28.01.1978 shall
send the same for recommendation.
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v. The remaining sites were to be
distributed amongst the members of Prasanna
Anjaneya Trust ®, B.H. Road, Nelamangala."
9. Pursuant to the said decision dated 09.10.1986 the
Government issued preliminary notification on 09.02.1987
under sub-section (1) of Section 3 of the Act, 1972 notifying
the lands for public purpose for forming residential layout. It is
stated that after issuance of the preliminary notification, the
landowners had given written consent/affidavit/statement
consenting for the acquisition of the lands as notified in the
preliminary notification. The Special Power of Attorney were
executed by the landowners in favour of the Secretary of the
Trust and Form-'D' and agreement under Rule 10-B was
executed by the petitioners/landowners in favour of the State
Government, which are part of the record.
10. After the consent of the land owners, the
preliminary notification was followed by the final notification
dated 15.06.1987, gazetted on 13.08.1987. Thereafter, the
Land Acquisition Officer issued notice dated 02.11.1987 under
Sections 9 and 10 of the Land Acquisition Act to the land
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owners. In turn, the landowners had consented for passing of
the award. By that time, the landowners had specifically made
clear that prior to issuance of the notifications, they had
already executed sale agreements and special power of
attorneys in favour of the Secretary of the Prasanna Anjaneya
Trust. Accordingly, the Special Land Acquisition Officer passed
the award on 02.11.1987. After passing the award the entire
physical possession of the lands were taken over from the
landowners.
11. It may also be taken note of the fact that not only
the landowners had consented for the award, but they had
executed agreement on 2010.1987 in favour of the Special
Land Acquisition Officer, Bengaluru sub-division, Bengaluru and
indemnified that if for any reason, the Government was put to
loss or damages, they would repay the amount received by
them towards compensation.
12. After the land acquisition proceedings were
concluded, the Bengaluru Metropolitan Regional Development
Authority (BMRDA) approved the layout plan dated 17.02.1988
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and it is stated that the trust had developed residential layout
as per the approved layout.
13. On 28.09.1988, the Mandal Panchayat issued an
endorsement to the Trust stating that 150 sites i.e., Site Nos.1
to 150 had been delivered to the Mandal Panchayat by the
Trust. The remaining sites were to be retained by the Trust in
order to allot the sites to its members. Vide a resolution dated
10.01.1990, the Mandal Panchayat had specifically admitted
about the handing over of these 150 sites by the Trust. After
19-21 years from the date of the final notification, the land
owners had filed writ petitions in the year 2006 and 2008,
questioning the correctness and legality of the acquisition
proceedings.
14. Learned Single Judge, without considering the
relevant facts, the gross delay and laches and the conduct of
the landowners including giving their consent for acquisition,
accepting the consented award, executing power of attorney in
favour of the Secretary of the Trust, executing an indemnity
bond and agreement under Rule 10-B etc., has passed the
impugned judgment setting aside the acquisition.
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15. Learned Single Judge has held that the lands could
be acquired under the provisions of the Act of 1972 for granting
house sites to the weaker sections of the society by the State,
as is explicitly spelt out in the preamble of the Act. There is no
scope for the involvement of any private parties in the process
of the acquisition proceedings or in the development of the
house sites except the engagement of contractors or other
professionals whose services may be utilized on payment of
money for any services rendered in carrying out civil works
involved in the process.
16. In the instant case, the State Government and
Town Municipal Council had wilfully abdicated their authority
and allowed the Trust to exercise the power available and the
process of law to acquire lands under the Act, for its benefit,
seemingly through the medium of the State. This is illegal and
a fraud on the power of the State and therefore, the land
acquisition proceedings cannot be sustained.
17. The learned Single Judge also held that the
constructions put up by the parties in whose favour the sites
were allotted by the Trust would be illegal and that the mere
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construction of the houses by the allottees of sites would not
save the acquisition, which was patently illegal.
SUBMISSIONS:
18. Mr. Mohammad Jaffar Shah, learned Additional
Government Advocate appearing for the State and Mr. G
Balakrishna Shastry, learned counsel for the Trust have
submitted that the writ petitions ought to have been dismissed
on the ground of inordinate delay and laches, as they were filed
almost after two decades from the date of the final notification.
The learned Single Judge has glossed over the important facts
that the land owners had in fact consented for the award and
received the compensation amount, and therefore, they were
estopped from challenging the land acquisition proceedings.
The Chief Officer of Town Municipal Council had filed an
affidavit specifically admitting that 150 property sites had been
delivered by the Trust in favour of The Mandal Panchayath.
19. The Finding recorded by the learned Single Judge in
paragraphs 5 and 6 in the impugned judgment is contrary to
the affidavit of the Chief Officer of Town Municipal Council
namely Sri Manjunath. The learned Single Judge has relied
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upon the affidavit filed by one Sri K. U. Muthappa, the then
Chief Officer of Town Municipal Council, Nelamangala. The said
affidavit filed by K.U.Muthappa was contrary to the records
which was pointed out to the learned Single Judge, but learned
Single Judge has ignored the record and relied upon the
affidavit of Sri K.U.Muthappa. The learned Single Judge has
further ignored the resolution passed by the Mandal
Panchayath, Nelamangala to distribute the 150 sites handed
over by the Prasanna Anjaney Trust along with the beneficiaries
list.
20. It is further submitted that the Trust had filed a suit
before the Civil Court in O.S.No.81/1993 before the Court of
First Additional Civil Judge (Senior Division), Bengaluru Rural
District, Bengaluru for declaration and injunction. The suit was
decreed on 06.02.2006 and declared that the decree obtained
by Sri N.P.Nagaraj, Smt. Parvathamma and Sri
N.B.Chandasekhar in O.S.No.174/1989 is illegal and not
binding upon the Trust. Sri N.P.Nagaraj and others (petitioners)
were restrained from interfering with the peaceful possession
and enjoument of the schedule property. Suppressing all these
facts and the proceedings in the civil suits, the petitioners had
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filed the writ petition questioning the land acquisition
proceedings. On the other hand the respondents have
supported the impugned judgment.
ANALYSIS AND CONCLUSION:
21. It is relevant to keep in mind that prior to the
issuance of the Government Order dated 09.10.1986, the land
owners had executed agreements of sale and received entire
sale consideration and possession was delivered. The special
power of attorney and consent statements were executed
before issuing of the final notification on 13.08.1987 and the
land owners had also given consent to the award and executed
an agreement under Rule 10-B of the Act of 1972. The
landowners, therefore were estopped from challenging the
acquisition proceedings as they were not entitled to approbate
and reprobate.
22. The land owners did not file any objections to the
preliminary notification under Section 3(1) of the Act. After
issuing of final notification, and in fact while passing of the
award, the landowners gave their consent for passing of the
award and did not oppose it. As they did not have any
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objections to the land acquisition proceedings, and as they had
locus standi
accepted the award, they had no to challenge the
land acquisition proceedings, that too after almost two decades
from the date of issuance of final notification.
23. The landowners had specifically made it clear that
prior to issuance of the notifications, they had already executed
sale agreements and special power of attorneys in favour of the
members/ Secretary of the Trust, and accordingly, the Special
Land Acquisition Officer passed the award on 02.11.1987. After
passing of the award the entire physical possession of the land
was taken by drawing mahazar and possession was delivered in
favour of the Trust. The entire amount was paid by the Trust
only. The nature of the land got changed from agricultural use
to non agricultural purposes. The lands have been developed by
putting up construction of residential houses and respective
owners of the said houses are residing along with their family
members. The entire layout has been provided with all civil
amenities like electricity, road and water and high school and
college has been opened and running.
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24. The allottees/purchasers were not made parties to
the writ petitions filed by the land owners. The Trust had
allotted and sold the lands by executing registered sale deeds
between 1992 to 2006 and the names of purchasers have been
disclosed, which were produced by the Trust along with the
statement of objections. In absence of allottees of the sites, the
writ petitions were not maintainable.
25. Considering the aforesaid discussion, we are of the
view that the learned Single Judge has grossly erred in allowing
the writ petitions. We, therefore, set aside the impugned
judgment and order and allow these appeals. However, without
costs.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
RKA