In the High Court of Karnataka at Bangalore

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 18 TH DAY OF NOVEMBER, 2014

PRESENT:

THE HON'BLE Mrs. JUSTICE B.V.NAGARATHNA

Writ Petition Nos.53223-53246 OF 2014 (KLR-RES)

BETWEEN:

1. SRI SHESHA SAINATH AGED ABOUT 66 YEARS, S/O KRISHNA SETTY, "SAI NIVAS" NO.3/38/1, 14 TH D CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

2. SMT RENUKA AGED ABOUT 45 YEARS, W/O SHIVANNA, NO.13/76, 14 TH D CROSS, 22 ND MAIN PADMANABHANAGAR, BANGALORE-560 070

3. SRI H V RANGANNA AGED ABOUT 68 YEARS, S/O VENKATASESACHAR NO.6/1, 22 ND MAIN 14 TH A CROSS, PADMANABHANAGAR, BANGALORE-560 070

4. SRI B R NAGARAJAN AGED ABOUT 57 YEARS, S/O B V RAMAIAH, NO.38/1, SREE NILAYA, 14 TH B CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

5. SMT K GEETHA AGED ABOUT 56 YEARS, W/O C K SEETHARAM, NO.38/1, 14 TH B CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

6. SRI THIMMAIAH AGED ABOUT 60 YEARS, S/O CHANNAIAH, NO.16/76, 22 ND MAIN, PADMANABHA NAGAR, BANGALORE.

7. SMT UMA JAGANNATH AGED ABOUT 42 YEARS, W/O JAGANNATH NO.38/1, 14 TH B CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

8. SRI B R GOWRISHANKAR AGED ABOUT 50 YEARS, S/O B S RAJASHEKAR, NO.11, 22 ND MAIN, 14 TH CROSS, PADMANABHANAGAR, BANGALORE-560070

9. SRI V KRISHNA AGED ABOUT 56 YEARS, S/O VEERASWAMY, NO.4 & 5, 38/1,14 TH D CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

10. SRI M NAGARATNA AGED ABOUT 52 YEARS, W/O V KRISHNA, "SAI SMARAN", NO.2, 38/1, 14 TH D CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

11. SRI SATHISH KUMAR KN AGED ABOUT 27 YEARS, S/O NAGARAJU NO.38/1, 14 TH B CROSS, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

12. SRI RAMACHANDRA K AGED ABOUT 30 YEARS, S/O KENCHAPPA, SY NO.38/1,KHATA NO.32, 14 TH B CROSS, SRI CHELUVANARAYANA NILAYA, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

13. SMT PADMA D PRASAD AGED ABOUT 52 YEARS, D/O A.K.A. RAJAPPA, LA ROYALE HOMES CLASSIC APARTMENT, NO.39, 22 ND MAIN, 14TH CROSS, PADMANABHANAGAR, BANGALORE-560 070

14. SRI VIMUKT KUMAR JAIN AGED ABOUT 52 YEARS, S/O LATE NARENDRA KUMAR JAIN LA ROYALE HOMES CLASSIC APARTMENT FLAT 1-D, NO.39, 22 ND MAIN 14 TH CROSS, PADMANBHANAGAR, BANGALORE-560 070

15. SRI RADHESH NAYAK AGED ABOUT 44 YEARS, S/O M R NAYAK, FLAT NO.2B, LA ROYALE HOMES CLASSIC APARTMENT, NO.39, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

16. SRI ASHOK RAJASHEKAR AGED ABOUT 38 YEARS, S/O LATE R RAJASHEKAR, LA ROYALE HOMES CLASSIC APARTMENT NO.39/2, FLAT NO.GC, 22 ND MAIN, PADMANABHANAGAR BANGALORE-560 070

17. SRI SRINIVAS KUMAR AGED ABOUT 31 YEARS, S/O LATE K V KUMAR LA ROYALE HOMES CLASSIC APARTMENT NO.39/6, CLASSIC APARTMENTS, FLAT NO.1-C, 22 ND MAIN, REVENUE LAYOUT, PADMANABHANAGAR BANGALORE-560 070

18. SRI S V PHANEENDRA AGED ABOUT 31 YEARS, S/O S N VISHWANATH, LA ROYALE HOMES CLASSIC APARTMENT GROUND FLOOR NO.39/3, G.D. 22 ND MAIN, PADMANABHANAGAR BANGALORE-560 070

19. SRI M S NAGARAJ AGED ABOUT 56 YEARS, S/O SOMAIAH SETTY, LA ROYALE HOMES CLASSIC APARTMENT NO.39, 22 ND MAIN, PADMANABHANAGAR BANGALORE-560 070

20. SRI M R KALARANI AGED ABOUT 53 YEARS, NO.38/1, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

21. SRI M R VENKATESH AGED ABOUT 40 YEARS, S/O LATE M N RANGACHAR, NO.38/1, 22 ND MAIN, PADMANABHANAGAR, BANGALORE-560 070

22. SMT C CHAMUNDESHWARAI AGED ABOUT 50 YEARS, W/O R G RAMAKRISHNA, 11 & 12, 14 TH C CROSS, 22 ND MAIN, PADMANBABHANAGAR, BANGALORE-560 070

23. SRI M SHANMUGAM AGED ABOUT 67 YEARS, S/O LATE MUNISWAMY, R/AT NO.18, 14 TH "D"CROSS, 22 ND MAIN ROAD, REVENUE LAYOUT, PADMANABHANAGAR, BANGALORE-560 070

24. SRI M SUDHAKAR AGED ABOUT 48 YEARS, S/O M PARTHASARATHY NAIDU, R/AT NO.10, 22 ND MAIN ROAD, PADMANABHANAGAR, BANGALORE-560 070. ... PETITIONERS

(By Sri K SUMAN, Adv.)

AND :

1. THE STATE OF KARNATAKA VIDHANA SOUDHA, BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY.

2. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, M S BUILDING, BANGALORE-560 001

3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-560 001

4. THE ASSITANT COMMISSIONER BANGALORE SOUTH SUB DIVISION, BANGALORE-560 001

5. THE TAHSILDHAR BANGALORE SOUTH TALUK BANGALORE-560 001. ... RESPONDENTS

(By Sri KIRAN KUMAR.T.L., AGA)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, DIRECT THE RESPONDENTS NOT TO DEMOLISH, DISMANTLE OR OTHERWISE PULL DOWN ANY OF THE HOUSES/BUILDINGS/FLATS BELONGING TO THE PETITIONERS CONSTRUCTED IN THE LANDS IN SY.NO.38/1A (ERSTWHILE SY.NO.38/1, PREVIOUSLY SY.NO.38) OF CHIKKA KALLASANDRA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, TOTALLY MEASURING 2 ACRES 12 GUNTAS AND PRESENTLY LOCATED IN 14 TH A CROSS, 14 TH 'B' CROSS, 14 TH C CROSS AND 14 TH D CROSS, 22 ND MAIN ROAD, PADMANABHARNAGAR, BANGALORE-560 070.

These Petitions coming on for Preliminary Hearing, this day, the Court made the following:

ORDER

Petitioner Nos.1 to 12 and 20 to 24 are stated to be owners of their respective houses at

Padmanabhanagar, Bangalore – 560 070. Petitioners

No.13 to 19 are stated to be owners of their respective apartments at ‘La Royale Homes Classic Apartments’ in the same area. They have sought the following prayers and interim prayer:

“(i) To issue a writ of mandamus or such other appropriate writ or orders or directions, directing the respondents not to demolish, dismantle or otherwise pull down any of the houses / buildings / flats belonging to the petitioners constructed in the lands in Sy.No.38/1A (erstwhile Sy.No.38/1, previously Sy.No.38) of Chikka Kallasandra Village, Uttarahalli Hobli, Bangalore South Taluk, totally measuring 02 acres 12 guntas and presently located in 14 th A Cross, 14 th B Cross, 14 th C Cross and 14 th D Cross, 22 nd Main Road, Padmanabhanagar, Bangalore – 560 070.

(ii) In the alternative and without prejudice, the petitioners submit that if this Hon’ble Court is of the view that the houses / buildings / flats belonging to the petitioners are actually constructed in a portion of the area measuring 2 acres 20 guntas in Sy.No.76 of Chikka Kallasandra Village, Uttarahalli Hobli, Bangalore South Taluk, then also this Hon’ble Court be pleased to issue a writ of mandamus or such other appropriate writ or directions, directing the respondents not to demolish, dismantle or otherwise pull down any of the houses / buildings / flats belonging to the petitioners presently located in 14 th A Cross, 14 th B Cross, 14 th C Cross and 14 th D Cross, 22nd Main Road, Padmanabhanagar, Bangalore – 560 070.

(iii) To award costs and grant such other relief as this Hon’ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity.

Interim Prayer :

Pending disposal of the above writ petition, the petitioners, above named, humbly pray that this Hon’ble Court be pleased to restrain the respondents or any of their subordinates, officers, workers from entering upon the houses / buildings / flats belonging to the petitioners constructed in

the l ands in Sy.No.38/1A (erstwhile Sy.No.38/1, previously Sy.No.38) of Chikka Kallasandra Village, Uttarahalli Hobli, Bangalore South Taluk, totally measuring 02 acres 12 guntas and / or in the lands in Sy.No.76 of Chikka Kallasandra Village, Uttarahalli Hobli, Bangalore South Taluk, totally measuring 2 acres 20 guntas, presently located in 14 th A Cross, 14 th B Cross, 14 th C Cross and 14 th D Cross, 22 nd Main Road, Padmanabhanagar, Bangalore – 560 070 and / or demolish, dismantle or otherwise pull down any of the houses / buildings / flats belonging to the petitioners located therein, in the interests of justice and equity.

2. This morning, when the matter was heard for preliminary hearing, the Court raised a query with regard to the nature of prayers sought by the petitioners in these writ petitions. Learned counsel for the petitioners sought a pass over in the matter as the petitioners’ counsel received information that the fifth respondent Tahsildar had issued notices to the petitioners and some of the petitioners had received the notices dated 13.11.2014 and those notices initiated action under Section 104 read with Section 192(A) of

10 the Karnataka Land Revenue Act, 1964 requesting the petitioners to appear before the fifth respondent

Tahsildar on 28.11.2014. When the matter has again taken up, learned AGA appearing for the respondents and on instruction of the fifth respondent, Tahsildar,

Sri.Dayanand, who is present in the Court, states that indeed notices has been issued to these petitioners in the aforesaid proceedings.

3. In that view of the matter, the only relief that can be granted to the petitioners is to direct them to appear before the fifth respondent, Tahsildar, on

28.11.2014 and file their replies / objections along with the relevant documents before that Authority.

The fifth respondent to consider the objections / replies and documents of the petitioners and after giving them or their authorized representative, an opportunity of being heard, to pass a speaking order in an expeditious manner and in accordance with law. Till the fifth respondent passes an order in the matter, the

11 respondents are directed not to take any precipitative action in so far as the petitioners houses / apartments are concerned.

With the aforesaid observations and directions, the writ petitions stand disposed.

Sd/- JUDGE

dh*