In the High Court of Karnataka at Bengaluru
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- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 TH DAY OF APRIL 2015 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WA No.154/2007 c/w WA No.184/2007, WA No.95/2007, WA No.133/2007, WA No.134/2007, WA No.148/2007, WA No.152/2007, WA No.153/2007, WA No.155/2007, WA No.156/2007, WA No.251/2007 & 2701/2011, WA No.289/2007 & 2741-45/2011, WA No.250/2007, WA No.279/2007 & 2700/2011, WA No.638/2007, WA No.168/2007, WA Nos.174/2007 & 2683- 2697/2011, WA No.183/2007 and WA No.96/2007 (GM-MMS) IN WA No.154/2007 BETWEEN 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 2 - AND SRI GURUSIDDE GOWDA S/O SIDDEGOWDA AGED ABOUT 40 YEARS R/AT HARAVE HOBLI HARAVE VILLAGE CHAMARAJANAGAR TQ AND DISTRICT ... RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5804/2006 DATED 21/04/2006. IN WA No.184./2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 3 - AND SMT SHANAWAZ BEGUM W/O KAMAL PASHA AGED ABOUT 50 YEARS R/O JAMIA MASJID MOHALLA CHAMARAJANAGAR 571 313 KARNATAKA STATE ... RESPONDENT (By Smt. M SAFEENA, ADV.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.3756/2006 DATED 22/03/2006. IN WA No. 95/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDINGS AMBEDKAR VEEDHI BANGALORE-560001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 4 - AND SRI BASAVARAJU S/O VEERAPPA AGED ABOUT 40 YEARS D.NO 7/740, VASAVIMAHAL ROAD KOLLEGAL ... RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.17295/2005 DATED 12/01/2006. IN WA No. 133/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJNAGAR DISTRICT CHAMARAJNAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 5 - AND MR G B MANJUNATH AGE:42 YEARS S/O BASAPPA GAJANANA GRANITES NO.7-471, AB/1, SOUTHERN EXTENSION KOLLEGAL 571 440 ... RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.4618/2006 DATED 06/04/06. IN WA No. 134/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 6 - AND SUHEL ALI KHAN S/O HYDER ALI KHAN AGED MAJOR 9/134, VANIER STREET CHAMARAJANAGAR ... RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.17457/2005 DATED 15/03/2006. IN WA No.148/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 7 - AND SRI SYED ALTAF S/O LATE SRI. SYED YAKOOB AGED ABOUT 42 YEARS R/O NO.B-12/229, K O MOHALLA CHAMARAJANAGAR-571 313 ... RESPONDENT (By SMT. M SAFEENA, ADV.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.4559/2006 DATED 24/03/2006. IN WA No.152/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE SENIOR GEOLOGIST(MINES) DEPARTMENT OF MINES AND GEOLOGY NO.4, GAGANACHUMBI DOUBLE ROAD KUVEMPU NAGAR MYSORE-23 ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 8 - AND H A ISRAR AHMED S/O H.A. ABDUL BASHEER SAB AGED ABOUT 45 YEARS R/O DASANUR VILLAGE NANJANGUD TALUK MYSORE DISTRICT ... RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5010/2006 DATED 05/04/2006. IN WA No.153/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLGOY CHAMARAJANAGR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) - 9 - AND 1. SHIVAPPA AGED ABOUT 43 YEARS SON OF BASAVANNA R/O HONNAHALLI VILLAGE CHAMARAJANAGAR TALUK AND DISTRICT 2. MAHESHA AGED ABOUT 33 YEARS SON OF BASAVANNA R/O HONNAHALLI VILLAGE CHAMARAJANAGAR TALUK AND DISTRICT ... RESPONDENTS THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5111/2006 DATED 05/04/2006. IN WA No.155/2007 BETWEEN 1. STATE OF KARNATAKA REPRESEMTED BY ITS SECRETARY REVENUE DEPARTMENT AMBEDKAR VEEDHI M.S.BUILDING BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR - 10 - 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) AND SRI M LINGAPPA S/O A MADHAPPA AGED ABOUT 38 YEARS R/O NANJEDEVANAPURA VILLAE HARVE HOBLI CHAMARAJANAGAR TALUK AND DISTRICT ... RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5515/2006 DATED 19/04/2006. IN WA No.156/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR - 11 - 3. THE DEPUTY DIRECTOR DEPARTMENT MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) AND SRI S D MAHADEVA S/O DODDANAIKA AGED ABOUT 59 YEARS R/O MARIYALA VILLAGE KASABA HOBLI CHAMARAJANAGAR TALUK AND DISTRICT ... RESPONDENT (By Sri M M SWAMY, ADV.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.4632/2006 DATED 27/03/2006. IN WA No. 251/2007 & 2701/2011 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE - 12 - 3. THE SENIOR GEOLOGIST (KHA) DEPARTMENT OF MINES AND GEOLOGY NO.4, GAGANACHUMBI, JODI ROAD, KUVEMBU NAGAR, MYSORE 23, ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) AND 1. T P VEERABHADRASWAMY S/O LATE T.M. PUTTASWAMY AGED ABOUT 68 YEARS. R/AT TALAKADU VILLAGE AND HOBLI, T NARASIPURA TALUK, MYSORE DISTRICT. 2. SHIVANNA S/O LATE BASAVE GOWDA AGED ABOUT 38 YRAS, R/AT KALIHUNDI VILLAGE, TALAKADU HOBLI, KAVERPURA POST, T.NARASIPURA TALUK, MYSORE DISTRICT. ... RESPONDENTS (By SRI DESHRAJ & SRI P.CHANGALARAYA REDDY, ADVS.,) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.4864/2006 DATED 31/03/2006. - 13 - IN WA No.289/2007 & WA Nos.2741-45/2011 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) AND SRI BASAVANNA S/O LATE MAHANTA DEVARU AGED ABOUT 54 YEARS R/AT RECHAMBALLI VILLAGE SANTHEMARAHALLI HOBLI CHAMARAJANAGAR DISTRICT ... RESPONDENT (By Sri L K SRINIVASA MURTHY, ADV., FOR R1) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.1543/2006 DATED 01/02/2006. - 14 - IN WA No.250/2007 BETWEEN 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE (KARNATAKA STATE) 3. THE SENIOR GEOLOGIST (KHA) DEPARTMENT MINES AND GEOLOGY NO.4, GAGANACHUMBI, JODI ROAD, KUVEMBU NAGAR, MYSORE 23, (KARNATAKA STATE) ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA) AND SRI BHAVANI SHANKAR AGED ABOUT 49 YEARS, S/O T NANJAIH R/AT NO.32, I CROSS, SHANKAR PURAM, NANJANGUD MYSORE DISTRICT(KARNATAKA STATE) ... RESPONDENT (By Sri N SHANKARANARAYANA BHAT) - 15 - THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.5329/2006 DATED 12/04/2006.