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IN THE HIGH COURT OF AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2015

BEFORE

THE HON’BLE MR. JUSTICE RAM MOHAN REDDY

WRIT PETITION NOS.50483-50533 OF 2012(KLR-RES)

BETWEEN

1. SMT MAMATHA SHIVANNA, D/O GIRIRAJ, AGED ABOUT 42 YEARS, R/AT NO.265/3, I BLOCK, 6TH CROSS, LAKE ROAD, , C.V. RAMAN NAGAR, BENGALURU – 560 093.

2. SRI K.N. SHIVANNA, S/O NINGAIAH, AGED ABOUT 50 YEARS NO. 265/2, 1 ST BLOCK, 6TH CROSS, LAKE ROAD, KAGGADASAPURA, C.V. RAMAN NAGAR, BENGALURU – 560 093.

3. SRI B.N. BALAJI S/O B.G. NARAHARI, MAJOR AGED ABOUT 59 YEARS, NO.2333, 9 TH MAIN, "E" BLOCK, 2ND STAGE, , BENGALURU – 560 010.

4. SRI H.R. SRIPATHI S/O RAMASWAMY IYENGAR, AGED ABOUT 49 YEARS, NO. G-5, GLASS COLONY, WHITE FIELD, BENGALURU – 560 066

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5. SMT. N.R. SHASHIKALA, W/O R. KRISHNA, AGED ABOUT 58 YEARS, R/AT NO.G-5, GLASS COLONY, WHITE FIELD, BENGALURU – 560 066.

6. SRI K. NAGAMOHAN REDDY S/O K. NAGI REDDY , MAJOR, AGED ABOUT 41 YEARS, R/AT 14, A.T. STREET, 3RD CROSS CUBBONPET, BENGALURU -560 002.

7. SRI GOPALARAJU, S/O RANGARAJU, AGED ABOUT 60 YEARS, NO.7, NURIYAPET , 27 TH CROSS, R.T. STREET, BENGALURU – 560 053.

8. SRI GOVARDHANA REDDY S/O A. RAGHUPATHI REDDY, AGED ABOUT 37 YEARS, R/AT. NO.120, 4 TH BLOCK, 4TH MAIN, T.R. NAGAR, BENGALURU-560 026.

9. SRI R. NARAYANAPPA S/O LATE RAMAPPA, AGED ABOUT 62 YEARS, NO.80, 1 ST CROSS (BEHIND POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

10. SRI ZIAULLA KHAN S/O LATE MASTAN KHAN, AGED ABOUT 53 YEARS,

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NO.164, 6 TH CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

11. SRI SYED GHOUSE PEER, S/O LATE SABJAN SAB, AGED ABOUT 59 YEARS, R/AT. NO. 87/1, 2 ND CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

12. SRI SYED MATHEEN AHMED S/O LATE SYED SHAFIULLA, AGED ABOUT 29 YEARS, R/AT. NO.94/1 (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

13. SRI OBEDULLAH KHAN S/O LATE MASTAN KHAN, AGED ABOUT 45 YEARS, R/AT. NO.165, 6 TH CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

14. SRI MOHAMMED AZMATHULLA, S/O LATE A.N.K. MOOSA, AGED ABOUT 64 YEARS, R/AT. NO.127/128, 4TH CROSS (BEHIND KADUGODI POLICE STATION), GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.

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15. SRI A.A. BENNUR, S/O LATE AJJAPPA BENNUR AGED ABOUT 67 YEARS, R/AT. NO.C-51, 1 ST CROSS (BEHIND KADUGODI POLICE STATION), GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

16. SMT. B. NISHA CHRISTINA W/O BENNET THOMAS AGED ABOUT 30 YEARS, R/AT. NO.85, 2 ND CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

17. SRI SIDDIQUA BEGUM, W/O AYAZ PASHA AGED ABOUT 36 YEARS, R/AT. NO.82, 1 ST CROSS, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

18. SMT. NAZIRA BEGUM, W/O SRI MUMTAZ AHMED, AGED ABOUT 57 YEARS, R/AT.MUMTAZ HAVELI, THIRD AVENUE (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

19. SMT. RAHATH MUMTAZ W/O SRI MOHAMMAD ARIF HYDER, AGED ABOUT 26 YEARS,

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R/AT.MUMTAZ HAVELI, THIRD AVENUE (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU -560067 REPRESENTED BY GPA HOLDER SMT NAZIRA BEGUM W/O SRI MUMTAZ AHMED AGED ABOUT 57 YEARS, R/A.MUMTAZ HAVELI, THIRD AVENUE, (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU -560 067.

20. SMT. SHAMEEM AKTHAR, W/O SRI ABBAS SHARIEF, AGED ABOUT 56 YEARS, R/AT.NO.74, 4 TH CROSS (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

21. SMT. MUBEEN UNNISSA, W/O LATE SYED SHAFIULLA, AGED ABOUT 45 YEARS, R/AT.NO.94/1 (BEHIND KADUGODI POLICE STATION) GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

22. SRI DALJIT SINGH MAMIK S/O HARJIT SINGH MAMIK AGED ABOUT 55 YEARS, R/AT. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU - 560067 REPRESENTED BY GPA HOLDER SMT. SURINDER KHERA

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C/O SRI DALJIT SINGH MAMIK, AGED ABOUT 77 YEARS, R/AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560 067.

23. SRI MANPREET MAMIK S/O SRI DAKHUT SINGH MAMIK, AGED ABOUT 48 YEARS, R/AT. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU- 560067 REPRESENTED BY GPA HOLDER SMT. SURINDER KHERA C/O SRI DALJIT SINGH MAMIK, AGED ABOUT 77 YEARS, R/AT. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

24. SMT. B. RAJALAKSHMI W/O SRI E. BALASUBRAMANI, AGED ABOUT 54 YEARS, R/AT. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

25. SMT. CHAND BEE W/O. AMWAR BASHA, AGED ABOUT 45 YEARS, R/A. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION BENGALURU – 560 067.

26. SMT. NAZEEMA TABASSUM W/O MR.MOHAMMED AMEER JAN, AGED ABOUT 42 YEARS, R/A. NO.15, 10 TH MAIN ROAD, , BENGALURU REPRESENTED BY GPA HOLDER SRI B. MOHAN RAO S/O LATE ABBAIAH

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AGED ABOUT 50 YEARS, R/AT. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, -560 067.

27. SMT. KHUTEJU BANU DILSHAD W/O SYED SALEEM, AGED ABOUT 40 YEARS, R/A. GOPALAKRISHNA NAGAR, KADUGODI PLANTATION BENGALURU – 560 067.

28. SRI MOHAMMED AMEERJAN S/O.LATE MOHAMMED FAQRUDDIN, AGED ABOUT 53 YEARS, C/O. OMER FOUNDATION TRUST, #60, 62, & 65, 2ND CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU -560067

29. SMT L.D. RAZARIO W/O.G.D.RAZARIO, AGED ABOUT 57 YEARS, C/O S.B.MYSORE, 1ST FLOOR, #88, WHITEFIELD MAIN ROAD, BENGALURU -66.

30. SRI H P PRAKASH S/O.H.S.PADMANABHAIAH, AGED ABOUT 45 YEARS, KR/AT.GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU-560067.

31. SRI C SANJEEVIRAJU S/O.C.CHENGAMA RAJU, AGED ABOUT 55 YEARS, R/A.NO.254, 6 TH CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU -560067.

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32. SRI D.U. SHIVA SHANKAR S/O.D.S.UMAPATHY, AGED ABOUT 66 YEARS, R/A.1/100, 3 RD CROSS, G.K.NAGAR, (BALAMURI MAHAGANAPATHI TEMPLE COMPOUND), (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU -560067.

33. DR P. NANDAKUMARAN, S/O.LATE K.N.PISHAROTY, AGED ABOUT 75 YEARS, R/A. "SAI RAM", 2 ND FLOOR, ARCHADE APARTMENT, YEDAKAD, KOZHIKODE, KERALA-05. REPRESENTED BY GPA HOLDER SRI.MOHAN KUMAR VENKATAIAH, S/O.VENKATAIAH, AGED ABOUT 40 YEARS, R/A.MIG-64, 1 ST STAGE, 3RD MAIN, KHB COLONY, BASAWESHWAR NAGAR, BANGALORE-79,

34. BRIG JASPREET SINGH KHERA S/O BRIG.N.S.KHERA, AGED ABOUT 48 YEARS, R/A NO.58, 2 ND CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION) KADUGODI PLANTATION, BENGALURU – 560 067 REPRESENTED BY GPA HOLDER, SMT.SURINDER KHERA, C/O SRI DALJIT SINGH MAMIK, AGED ABOUT 77 YEARS, R/AT GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU – 560 067.

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35. SRI SYED ABID S/O.SYED KHASIM, AGED ABOUT 35 YEARS, R/A.NO.61, BLOCK NO.9, D.R.QUARTERS, CHANNAPATNA, BENGALURU.

36. SRI G. MUNIRATHNAM S/O.LATE T.GOVINDAM, AGED ABOUT 71 YEARS, R/A.NO.147, 7 TH CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560067.

37. SRI D.S. MANJUNATHA S/O.LATE D.N.SIDDAIAH, AGED ABOUT 55 YEARS, R/A.NO.70, 3 RD CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560067

38. SMT K.ANUPAMA W/O.RAVI KUMAR, AGED ABOUT 43 YEARS, R/A.NO.56, 2 ND CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560067.

39. SMT. LALITHAMBA .N, W/O.LAKSHMI NARAYANA MURTHY, AGED ABOUT 48 YEARS, R/A.57, 2 ND CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU -560067

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40. SMT TULASI DEVI, W/O.LATE M.NAGARAJU, AGED ABOUT 45 YEAR R/A.NO.129, 5 TH CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU -560067.

41. SMT REHANA BANU W/O.M.RAHAMATHULLA SHARIFF, AGED ABOUT 48 YEARS, R/A.NO.59, 1 ST CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560067.

42. SMT RASHIDA W/O PYARU SAB, AGED ABOUT 61 YEARS, R/A.NO.88, 2 ND CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560067,

43. SMT MAHELA THALATH, W/O SAWOOD OMRAN, AGED ABOUT 38 YEARS, R/A NO.127 & 132, 5 TH CROSS, G.K.NAGAR, (BEHIND KADUGODI POLICE STATION), KADUGODI PLANTATION, BENGALURU-560067

44. SMT CHOWDAMMA W/O.CHANDRAIAH, AGED ABOUT 53 YEARS, R/A.RANGAPURAM VILLAGE, APPANAPALLI POST, KHAJIPET MANDALAM, CUDDAPAH DISTRICT, ANDHRA PRADESH-03.

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45. SMT P. AKKAIAH, W/O.P.LAXMAIAH, AGED ABOUT 48 YEARS, R/A.RANGAPURAM VILLAGE, APPANAPALLI POST, KHAJIPET MANDALAM, CUDDAPAH DISTRICT, ANDHRA PRADESH-03

46. SRI T.N. KRISHNAPPA S/O.T.V.NARAYANAPPA, AGED ABOUT 69 YEARS, R/A.NO. #201, DSP COMPOUND, DINNUR MAIN ROAD, KADUGODI PLANTATION, BENGALURU.

47. SMT PRATIMA H. PATEL W/O.HAREN K.PATEL, AGED ABOUT 55 YEARS, R/A.NO.89, KALYAN CO-OPERATIVE HOUSING SOCIETY, 9TH MAIN, 3 RD CROSS, R.P.C.LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU-40

48. SMT SALLY M. PETER D/O LATE PETER, AGED ABOUT 41 YEARS, R/A.NO.115/2, VIJAYA BANK COLONY, DODDABANASVADI POST, RAMAMURTHYNAGAR, BANGALORE-43.

49. SRI S.A. HAMEED, S/O SYED USMAN, AGED AJBOUT 61 YEARS, R/A.NO.20, 2 ND CROSS, 2 ND MAIN, M.V.BLOCK, VAYALIKAVAL, BENGALURU. REPRESENTED BY GPA HOLDER, SRI B.MOHAN RAO,

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S/O.LATE ABBAIAH, AGED ABOUT 50 YEARS, R/AT.GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU -560067.

50. SMT NOORJAHAN, W/O.LATE MUSHTAQ AHEMAD, AGED ABOUT 63 YEARS,

51. MR. ASWAQ AHEMAD S/O.LATE MUSHTAQ AHEMAD, AGED ABOUT 34 YEARS, R/A.NO.4/1, 2 ND CROSS, SIDDAIAH ROAD, BANGALORE-72. BOTH ARE REPRESENTED BY GPA HOLDER, SR B.MOHAN RAO, S/O.LATE ABBAIAH, AGED ABOUT 50 YEARS, R/AT.GOPALAKRISHNA NAGAR, KADUGODI PLANTATION, BENGALURU -560067. ... PETITIONERS

(BY SRI MANMOHAN.P.N, ADV.,)

AND :

1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560001. REPRESENTED BY ITS SECRETARY.

2. THE SPECIAL DEPUTY COMMISSIONER , K.G.ROAD, BENGALURU -560009.

3. THE TAHASILDAR BENGALURU EAST TALUK, KRISHNARAJAPURA, BANGALORE CITY.

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4. FOREST DEPARTMENT, REPRESENTED BY ASSISTANT CONSERVATOR OF FORESTS, BANGALORE URBAN SUB-DIVISION, MALLESHWARAM, BANGALORE. ... RESPONDENTS

(BY SRI D.S.RAMACHANDRA REDDY, SPL. GOVT.ADV.,)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE ORDER DATED 29.09.2006 PASSED BY R2 VIDE ANNX-P IN SO FAR AS PETITIONERS ARE CONCERNED & ETC.,.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

All the petitioners claim to be purchasers of sites and site bearing house list numbers as disclosed in the convenants and schedules in sale deeds Annexure-E series, and nowhere discloses that they are carved out of Sy.No.1 of Kadugodi Plantation. The averment in the memorandum of writ petition that sites are carved out of Sy.No.1 of Kadugodi plantation hence, petitioners have right, title and interest in the conveyance schedule immovable properties is unavailable. It is not the case of the petitioners that they have obtained judgment and

14 decree of competent court declaring that sites bearing house list number and site number are formed from out of Sy.No.1 of Kadugodi Plantation. In the absence of such declaration, it is needless to state that petitioners acquired immovable properties bearing sites and house list numbers not property in Sy.No.1 of Kadugodi

Plantation.

2. Apparently, the sale deeds do not make reference to either grant of land in Sy.No.1 of Kadugodi

Plantation or permission to divert use of the plantation to non-agricultural residential purpose under Section

95 of the Karnataka Land Revenue Act, 1964, (for short

‘Act’), much less, a permission or sanction under the

Karnataka Town and Country Planning Act, 1961 for formation of layout of residential sites.

3. A perusal of the boundaries set out to the schedules in the sale deeds are in the direction of establishing that sites are not carved out of Sy.No.1 of

Kadugodi Plantation. In addition, there are no revenue

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Section 127 of the Act recording the names of petitioners as either owners, khathedars or occupants of land in Sy.No.1 allegedly revenue bearing lands, although the respondent-forest Department claims that land in Sy.No.1 is a reserve forest.

4. The question as to whether Sy.No.1 of Kadugodi

Plantation is reserve forest or government agricultural land subject to land revenue, need not be answered in these petitions, since petitioners claim to be purchasers of sites put to be used for construction of residential building. In the absence of specifics over exact location of the sites purchased by the petitioners under sale deeds, it cannot be said that the said sites are formed out of Government agricultural land in Sy.No.1 of

Kadugodi Plantation.

5. It may be that they are in possession of lands claiming title through sale deeds Annexure-E series, but that by itself, and nothing more, no inference of a fact in

16 issue can be drawn that immovable properties are conveyances of sites carved out of Sy.No.1 of Kadugodi

Plantation.

6. It is elsewhere said that essentials may be inferred when from the facts proved justify such inferences. On the one hand, courts must not surmise conjecture or guess, but, on the other hand, may draw an inference from proved facts so long as it is legitimate inference.

7. In the light of aforesaid facts, it is reasonable to infer that petitioners are unauthorised occupants of government land in Sy.No.1 of Kadugodi Plantation liable to be evicted summarily by the Deputy

Commissioner under Section 94 of the Act. In that view of the matter, no exception can be taken to the order dated 29.9.2006 in case LND(S)CR.237/(1)to

(201)/1990-91 of the Special Deputy Commissioner,

Bengaluru, Annexure-P, directing the Tahsildar,

Bengaluru East Taluk, to resume land to the

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Government by evicting all those who are in unauthorized possession of the same and to make entries in the revenue records, such as RTCs, as

Government land after deleting other names.

8. The revision petitions and appeals filed by the petitioners before Karnataka Appellate Tribunal when dismissed by common order dated 29.9.2012 Annexure-

S, cannot be found fault with.

Petitions devoid of merit are rejected.

Sd/- JUDGE Ia