1

IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 15TH DAY OF JUNE 2021

PRESENT

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

AND

THE HON'BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

W.A.NO.1074 OF 2018 (S-RES) C/W W.P.NOS.17853-17898 OF 2018 (S-RES)

IN W.A.NO.1074 OF 2018 (S-RES)

BETWEEN:

1. STATE OF KARNATAKA VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF SECRETARY.

2. DEPARTMENT OF SOCIAL WELFARE GOVERNMENT OF KARNATKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

3. BACKWARD CLASSES WELFARE DEPARTMENT, No.16/D, 3 RD FLOOR, D.DEVARAJ URS BHAVAN, 2

MILLER TANK BED AREA, VASANTHNAGAR, BENGALURU - 560 052. REPARESENTED BY ITS SECRETARY.

4. DISTRICT APPOINTING AUTHORITY & DEPUTY COMMISSIONER, , OFFICE OF THE DEPUTY COMMISSIONER, CHAMARAJANAGAR – 571 313. …APPELLANTS

(By Sri, R.SUBRAMANYA, AAG A/W Smt.H.VANI, AGA) AND:

1. RATHNAMMA W/O NAGA NAYAKA (LATE) AGED ABOUT 42 YEARS NAYAKARA BEEDI, , , CHAMARAJANAGAR – 571 123.

2. SHASHIKALA W/O MAHADEVAIAH AGED ABOUT 44 YEARS , CHAMARAJANAGAR – 571 442.

3. MAHADEVAMMA W/O MAHADEVAIAH AGED ABOUT 41 YEARS AMBEDKAR STREET HOBLI CHAMARAJANAGAR CHAMARAJANAGAR – 571 127.

4. CHINNAMMA D/O MAHADEVAIAH AGED ABOUT 39 YEARS NALLUR VILLAGE, 3

VANDARABALU POST CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 313.

5. PADMA W/O NARASIMHA AGED ABOUT 37 YEARS AMBEDKAR STREET, ALUR, CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 117.

6. GURU SIDDAIAH S/O CHANNAIAH (LATE) AGED ABOUT 56 YEARS SOMAHALLI VILLAGE AND POST GUNDLUPET TALUK CHAMARAJANAGAR – 571 109.

7. MAHADEVAMMA P W/O MAHADEVAIAH AGED ABOUT 43 YEARS KARINANJANAPURA WARD-10, CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 313.

8. LATHA W/O SHIVAMURTHY AGED ABOUT 36 YEARS AMBEDKAR STREET NEAR MARAMMANA TEMPLE AGARA VILLAGE, YELANDUR CHAMARAJANAGAR – 571 442.

9. NAGESH N S/O NINGAIAH AGED ABOUT 33 YEARS NANJARAJAPURA HONGANUR CHAMARAJANAGAR – 571 117. 4

10. KAMALAMMA D/O RANGAIAH AGED ABOUT 37 YEARS AMBEDKAR STREET, 1 ST CROSS, RAMASAMUDRA CHAMARAJANAGAR – 571 342.

11. KAMALAMMA M W/O SHANTHA RAJU AGED ABOUT 37 YEARS BALAPETE, YELANDUR CHAMARAJANAGAR – 571 441.

12. GOWRAMMA D/O CHIKKA VENKATAIAH (LATE) AGED ABOUT 39 YEARS KARINANJANAAPURA SOMAVARAPETE POST WARD-10 CHAMARAJANAGAR – 571 313.

13. CHINNASWAMY S/O HONNAIAH AGED ABOUT 36 YEARS AMBEDKAR BEEDHI 4TH BLOCK, CHAMARAJANAGAR – 571 117.

14. MEENAKSHI W/O SIDDAPPA AGED ABOUT 40 YEARS #777, NEW STREET HARAVE HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 128.

15. KAMALAMMA W/O NAGARAJU (LATE) AGED ABOUT 39 YEARS S C STREET, SANEGALA 5

UDIGALA CHAMARAJANAGAR – 571 313.

16. SAROJAMBA N D/O NANJAIAH (LATE) AGED ABOUT 39 YEARS AMBEDKAR EXTENSION WARD NO.28, RAMASAMUDRA TOWN CHAMARAJANAGAR – 571 342.

17. SIDDAMANI W/O NAGAPPA AGED ABOUT 35 YEARS #40, BASAVANNA STREET HARAVE HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 128.

18. MALLAVVA W/O NAGAPPA AGED ABOUT 37 YEARS #367, VAREKERI STREET HARAVE HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 128.

19. MAHADEVAMMA C W/O REVANNA AGED ABOUT 39 YEARS #724, NAGAVALLI DR. B.R.AMBEDKAR EXTENSION CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 342.

20. RAGINAMMA D/O RANGASWAMY AGED ABOUT 39 YEARS SAPPAIAHNAPURA 6

CHAMARAJANAGAR CHAMARAJANAGAR – 571 115.

21. SUDHEER P S/O PUTTASWAMY N AGED ABOUT 31 YEARS E W S QUARTERS, NO.69 UNIVERSITY HOSTEL ROAD K H B COLONY CHAMARAJANAGAR – 571 313.

22. RAJAMMA W/O NAGARAJU (LATE) AGED ABOUT 44 YEARS AMBEDKAR STREET DODDARAYAPETE CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 313.

23. K N MEENAKSHI W/O H.B.SWAMY AGED ABOUT 40 YEARS HASAGULI, BEGUL HOBLI GUNDLUPET TALUK CHAMARAJANAGAR – 571 111.

24. LAKSHMI W/O MAHADEVAIAH AGED ABOUT 36 YEARS AMBEDKAR STREET KOTAMBALLI CHAMARAJANAGAR – 571 117.

25. PUTTAMMA W/O VENKATARAMU AGED ABOUT 41 YEARS MANGALA VILLAGE KANNEGALA, CHAMARAJANAGAR CHAMARAJANAGAR – 571 115.

26. MAHADEVAMMA W/O MALLESH 7

AGED ABOUT 34 YEARS NO.46, S C STREET BHOGAPURA CHAMARAJANAGAR CHAMARAJANAGAR – 571 115.

27. KOMALA D/O NANJUNDAIAH AGED ABOUT 30 YEARS DR. B.R.AMBEDKAR LAYOUT CHAMARAJANAGAR – 571 313.

28. RAJESHWARI W/O NANJUNDA SWAMY AGED ABOUT 44 YEARS GOWTHAMA STREET YELANDUR TOWN CHAMARAJANAGAR – 571 446.

29. C N NAGAMMA D/O NANJUNDAIAH AGED ABOUT 43 YEARS #14, 16 KHB COLONY KASABA HOBLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 313.

30. JAYALAKSHMI W/O MALLIKARJUNA (LATE) AGED ABOUT 42 YEARS AMBEDKAR STREET KAGALAVADI VILLAGE AND POST CHAMARAJANAGAR – 571 117.

31. PAVITHRA W/O RACHAIAH AGED ABOUT 38 YEARS SRI RAMA COLONY VILLAGE T NARASIPURA TALUK – 571 124. 8

32. B LEELAVATHI W/O RANGASWAMY (LATE) AGED ABOUT 45 YEARS ERASAVADI VILLAGE CHAMARAJANAGAR CHAMARAJANAGAR – 571 414.

33. BHAGYA BAI W/O RAVI NAYAKA AGED ABOUT 38 YEARS KOLIPALYA VILLAGE MUKANAPALYA CHAMARAJANAGAR – 571 127.

34. BHAGYAMMA W/O NAGASUNDAR AGED ABOUT 36 YEARS NALLURU VILLAGE VANDARABALU POST CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 313.

35. RATHNAMMA D/O CHIKKANNA AMBEDKAR STREET AGED ABOUT 34 YEARS SOMAVARAPETE, WARD-1 CHAMARAJANAGAR – 571 313.

36. SARITA W/O RAJU AGED ABOUT 34 YEARS HAREDAKERI WARD-10 GUNDALAPET CHAMARAJANAGAR – 571 111.

37. SRINIVASA R S/O LATE RAMANAYAKA AGED ABOUT 39 YEARS 9

#53, NEW STREET TERAKANAMBI CHAMARAJANAGAR – 571 123.

38. SHOBA G D/O GURUSIDDAIAH AGED ABOUT 36 YEARS DASANOOR VILLAGE DODDAKAVALANDE HOBLI NANAJANGUD TALUK MYSORE – 571 315.

39. SYED SAB S/O SAIYAD UMAR AGED ABOUT 28 YEARS NAYAKARA STREET CHAMARAJANAGAR – 571 316.

40. RATHNAMMA W/O SRIKANTA (LATE) AGED ABOUT 37 YEARS KEMPANAPURA CHAMARAJANAGAR TOWN CHAMARAJANAGAR – 571 115.

41. KUMARA C S/O CHIKKA NANJAIAH AGED ABOUT 24 YEARS KOMARANAPURA YELANDUR CHAMARAJANAGAR – 571 441.

42. KEMPAMMA W/O SIDDARAJU (LATE) AGED ABOUT 35 YEARS AMBEDKAR STREET DODDARAYAPETE VILLAGE AND POST, CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 313. 10

43. PUTTATHAYAMMA W/O MARAIAH AGED ABOUT 36 YEARS GOWTHAMA BADAVANE YALANDUR TOWN CHAMARAJANAGAR -571 441.

44. SAVITHRAMMA W/O SHEKARAJU AGED ABOUT 35 YEARS AMBEDKAR BEEDI NAGAVALLI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 342.

45. RAVI S/O CHIKKA BASAVAIAH (LATE) AGED ABOUT 38 YEARS AMBEDKAR STREET ALUR, CHANDAKAVADI HOBLI CHAMARAJANAGAR – 571 117.

46. MARAMMA W/O SIDDAIAH (LATE) AGED ABOUT 45 YEARS KAGALAVADI CHAMARAJANAGAR – 571 117.

47. MANGALAMMA W/O RANGAIAH AGED ABOUT 44 YEARS 3/35C, AMBEDKAR BEEDI B R HILLS ROAD, NALLURU HONDARABALU, CHAMARAJANAGAR – 571 342.

48. MARAMMA W/O NANJUNDA SWAMY AGED ABOUT 43 YEARS #14/196, AMBEDKAR BEEDI 11

CHAMARAJANAGAR TOWN CHAMARAJANAGAR – 571 313.

49. SHANTHA KUMARI W/O SIDDARAJU AGED ABOUT 32 YEARS NEAR CANARA BANK WARD NO.5, MYSORE ROAD YALANUR CHAMARAJANAGAR – 571 441.

50. MALINI W/O CHANNANJAIAH AGED ABOUT 33 YEARS AMBEDKAR STREET ANKANASETTYPURA CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 127.

51. LAKSHMI K C W/O PARASHIVAMURTHY AGED ABOUT 38 YEARS #16, AMBEDKAR STREET KAGALAVADI CHAMARAJANAGAR TALUK CHAMARAJANAGAR – 571 117.

52. SHANTHAMMA W/O MAHADEVAIAH AGED ABOUT 32 YEARS AMBEDKAR STREET NALLURU HONDARABALU CHAMARAJANAGAR – 571 342.

53. SHIVAMMA W/O PUTTASWAMY AGED ABOUT 45 YEARS #141, AMBEDKAR STREET 12

NAGAVALLI CHAMARAJANAGAR – 571 342.

54. M/S. MATHA TECHNOLOGIES NO.106, 1 ST MAIN, 5 TH CROSS, SAPTHAGIRI NAGARA YALAKKI SHETTAR COLONY DHARWAD – 580 004. REPRESENTED BY ITS PROPRIETOR

55. M/S. BHARATH ENTERPRISES (RGD) 5TH CROSS, HALAHALLI MANDYA – 571 401. REPRESENTED BY ITS PROPRIETOR

56. M/S. SURAKSHA SECURITY SERVICES PRASHANTH BUILDING OPP. GOVT. BOYS HIGH SCHOOL R.C.ROAD, HASSAN – 573 201. REPRESENTED BY ITS PROPRIETOR

57. M/S. OBJECT TECHNOLOGIES NO. 11/39A, 1 ST FLOOR, BULL TEMPLE ROAD BASAVANAGUDI, BANGALORE – 560 004 REPRESENTED BY ITS PROPRIETOR

58. M/S. SHARP WATCH INVERSTIGATION AND SECURITY SERVICES (SWISS) NO.17/2, 1 ST FLOOR, 5 TH MAIN 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM, MYSORE – 570 009. REPRESENTED BY ITS PROPRIETOR

…RESPONDENTS 13

(By Sri. N.S.VIJAYANATH BABU, ADVOCATE FOR R1-R53, NOTICE TO R54 TO R58 IS DISPENSED WITH V/O DATED:11.04.2018)

THIS WA IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE, DATED 2/3/2018 ON IA 1/18 IN WRIT PETITION NOS.31601-31653/2017 (S-RES) AND BE PLEASED TO DISMISS THE SAID BATCH OF WRIT PETITIONS.

IN W.P.NOS.17853-17898 OF 2018 (S-RES)

BETWEEN:

1. ANANDA.S S/O SHIVARAJU.M AGED ABOUT 29 YEARS CHAVADI STREET VILLAGE AND POST KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT, CHAMARAJNAGAR – 571 115.

2. CHAITHRA.B D/O BASAVARAJU UPPARA STREET MANGALA VILLAGE AND POST CHAMARAJANAGAR TALUK & DISTRICT, CHAMARAJANAGAR – 571 115.

3. SHALINI.S W/O BASAVANNA BASAVAPURA VILLAGE, AGED ABOUT 28 YEARS ANKANASHETTYPURA & POST CHAMARAJANAGAR TALUK & DISTRICT CHAMARAJANAGAR – 571 127.

14

4. LAKSHMI.R D/O RANGASHETTY AGED ABOUT 26 YEARS WARD NO 24, CHENNIPURADAMOLE, CHAMARAJANAGAR – 571 115.

5. KARTHIK M.S S/O SWAMYGOWDA, AGED ABOUT 20 YEARS COLLEGE ROAD, , K.R.NAGAR TALUK, MYSORE DISTRICT – 571 604.

6. MAHESH G S/O GURUMALLAIAH.S AGED ABOUT 20 YEARS NO.49, KAGALAVADI VILLAGE AND POST, CHAMARAJNAGAR TALUK AND DISTRICT CHAMARAJNAGAR – 571 115.

7. AMEED.V S/O VAZEER AGED ABOUT 34 YEARS DOOR NO.7 688 A EDGA MOHALLA, KOLLEGAL TOWN CHAMARAJNAGAR – 571 440.

8. MEGHA.M W/O SHIVAKUMARA K AGED ABOUT 24 YEARS, KEREHALLI VILLAGE, MUKKADAHALLI POST, CHAMARAJANAGAR TALUK & DISTRICT CHAMARAJANAGAR – 571 115.

9. PALLAVI.S D/O SOMANNA 15

AGED ABOUT 28 YEARS MIG II 13, KHB COLONY, CHAMRAJNAGAR – 571 313.

10. MAHENDRA.M S/O MADEVU AGED ABOUT 24 YEARS KOTEHUNDI VILLAGE, RAYANAKERE POST, KASABA HOBLI, MYSORE DISTRICT MYSORE – 571 315.

11. SUNIL KUMAR.M S/O MAHADEVAIAH AGED ABOUT 27 YEARS YADIYUR VILLAGE, MAHANTHALAPURA POST, CHAMARAJANAGAR TALUK & DISTRICT CHAMARAJANAGAR – 571 313.

12. KHURRATHUNNISA W/O ABBAS, AGED ABOUT 39 YEARS DOOR NO.19/262 JAMIYA MASJID MOHALLA, CHAMARAJNAGAR – 571 313.

13. BABY.C W/O PAPANNA S.N AGED ABOUT 24 YEARS SOMAHALLI VILLAGE AND POST GUNDLUPETE TALUK CHAMARAJNAGAR DISTRICT – 571 440.

14. SALEEM SIRAJ C.S S/O SIRAJ AHMED AGED ABOUT 30 YEARS ARIF 12/104 OPP TO MADINA MASJID 16

K P MOHALLA CHAMARAJNAGAR – 571 313.

15. KRISHNA C S/O CHIKKANNEGOWDA, AGED ABOUT 29 YEARS, NO.378/2, GOPALPURA VILLAGE AND POST, MYSORE TALUK & DISTRICT, MYSORE – 570 008.

16. SUSHMA S S/O SRINIVIASA.B AGED ABOUT 31 YEARS, 427, BESTAGERI, 2 ND CROSS, NAZARBAD MYSORE – 570 010.

17. ANIL KUMAR L.M S/O MYLARYGOWDA, AGED ABOUT 22 YEARS LAKKANAHALLI VILLAGE, KABBALIGERE POST, KONAPUR HOBLI, ARKALGUD TALUK, HASSAN DISTRICT.

18. RANGASWAMY S S/O SIDDAIAH, AGED ABOUT 23 YEARS HONGANURU VILALGE AND POST, CHAMRAJNAGARA TALUK & DISTRICT CHAMARAJNAGAR – 571 117.

19. LEELA K P W/O MAHADEVA PRASAD D B AGED ABOUT 34 YEARS AMBEDKAR STREET, UMMATHURU VILLAGE AND POST, 17

CHAMARAJANAGAR TALUK & DISTRICT CHAMARAJANAGAR – 571 316.

20. LATHA K D/O KRISHNASHETTY, AGED ABOUT 24 YEARS DOOR NO.79/1, BADAGALA BEEDHI, THADADUR VILLAGE, NANJANAGUD TALUK MYSORE DISTRICT MYSORE – 571 119.

21. MANJULA M W/O BASAVALINGA AGED ABOUT 28 YEARS AMBEDKAR STREET, MUDIGUNDA KOLLEGAL TALUK, CHAMRAJNAGARA DISTRICT – 571 440.

22. LATHA R D/O LATE RAVI AGED ABOUT 21 YEARS RAMAPURA VILLAGE AND POST, KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT, PIN – 571 444.

23. PRAMOD M S/O MAHADEVAIAH, AGED ABOUT 23 YEARS SAGADE VILLAGE, HARAVE POST, CHAMRAJNAGARA TALUK & DISTRICT PIN – 572 811.

24. NAVEEN KUMAR U S/O UMESH, 18

AGED ABOUT 25 YEARS KANENUR VILLAGE AND POST, HOBLI, NANJANGUD TALUK, MYSORE DISTRICT – 571 314.

25. MAHADEVASWAMY N S/O NANJUNDANAYAKA AGED ABOUT 26 YEARS HONGANUR VILLAGE AND POST, CHAMRAJNAGAR TALUK & DISTRICT PIN – 571 117

26. MALLESH PRASAD K S/O KALAMADAIAH AGED ABOUT 29 YEARS SHIRAMHALLI VILLAGE AND POST HULAHALLI HOBLI, NANJANAGUD TALUK MYSORE – 571 314.

27. THARA J D/O JADAYAPPA, MAGAPODU, AGED ABOUT 28 YEARS, B.R.HILLS POST, YELANDUR TALUK, CHAMRAJNAGAR DISTRICT CHAMARAJNAGAR – 571 441.

28. UMA P D/O PRABHUSWAMY, AGED ABOUT 23 YEARS, KOMARANAPURA VILLAGE AND POST, YELANDUR TALUK, CHAMRAJNAGAR DISTRICT – 571 441.

29. SUSHMA M W/O MAHESHKUMAR.K.B AGED ABOUT 30 YEARS, 19

BEHIND GRAMA PANCHAYAT SIDDAIAHNAPURA VILLAGE AND POST, KOLLEGAL TALUK, CHAMRAJNAGAR DISTRICT PIN – 571 440.

30. GIRISHA S S/O SIDDAPPAJI R AGED ABOUT 27 YEARS, VEEREDEVANAPURA VILLAGE, CHINNADAGUDU HUNDI POST, NANJANGUD TALUK, MYSORE DISTRICT PIN – 571 312.

31. PUTTARAJU A. M S/O MAHADEVA AGED ABOUT 21 YEARS ARENAHALLI VILLAGE, RAVANDUR HOBLI, PIRIYAPATNA TALUK MYSORE DISTRICT – 571 108.

32. NAVENA S S/O SHEKARA, AGED ABOUT 23 YEARS, KELLAMBALLI VILLAGE AND POST, CHAMRAJNAGAR TALUK AND DISTRICT, PIN – 571 313.

33. JYOTHI C D/O NAGARAJU P AGED ABOUT 21 YEARS, KUNAGALLY VILLAGE & POST, KOLLEGAL TALUK, CHAMRAJNAGAR DISTRICT, PIN – 571 440.

34. MAYAPPA PUJARI S/O LAKKAPPA, 20

AGED ABOUT 31 YEARS, AT POST DARUR ATHANI TALUK, BELAGAVI DISTRICT, PIN – 571 304.

35. SHASHIKUMARA S/O CHINNASWAMY SETTY AGED ABOUT 27 YEARS, SAGADE VILLAGE AND POST, HARAVE HOBLI CHAMRAJNAGAR DISTRICT PIN – 571 128.

36. SHIVAKUMARA N S/O NINGARAJU, AGED ABOUT 23 YEARS, KUMBARA STREET, VILLAGE & POST, YELANDUR TALUK, CHAMRAJNAGAR DISTRICT, PIN – 571 441.

37. SHWETHA KUMARI W/O PARAMESHWAR, AGED ABOUT 29 YEARS, AMBEDKAR EXTENSION, KAGALAVADI VILLAGE AND POST, CHAMRAJNAGARA PIN – 571 117.

38. MADESHA M S/O MARASHETTY, AGED ABOUT 27 YEARS, MUDALA AGRAHARA VILLAGE, UMATHUR POST, CHAMRAJNAGAR TALUK AND DISTRICT PIN – 571 316.

21

39. SHAKUNTHALA N S/O NINGEGOWDA, AGED ABOUT 26 YEARS, KANNAYAKANAHALLI VILLAGE, UKLALAGERE POST, SOSALE HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT – 571 120.

40. UMA MAHESHWARI B W/O MAHADEVA KUMAR AGED ABOUT 4TH CROSS, G.V. GOWDA NAGARA, MADHUVANAHALLI, KOLLEGAL CHAMARAJNAGAR – 571 440.

41. RAJESHWARI TAMBE D/O GURABASAPPA JAMBAGI, W/O GURUBASAPPA C.JAMBAGI AGED ABOUT 36 YEARS, SECTOR NO.29 PLOT NO.92 NAVANAGAR BAGALKOT – 587 103.

42. BUDDESAB NADAF S/O HAJISAB AT PO, CHIKKAPADASAALAGI, JAMKHANDI BAGALKOTE DISTRICT – 587 301.

43. SIDDAMMA S W/O MADESHA AGED ABOUT 68/, SRIRAMNAGARA, GADIMUDDANNA ROAD, KALASIPALYA BANGALORE – 560 079.

22

44. VITTHALKEELIKAI S/O BHARAMAPPA AGED ABOUT 20 YEARS, SOMAPUR STREET, NARAGUND NARAGUND TALUK, GADAG DISRICT.

45. MADESH S/O SUBBSHETTY AGED ABOUT 24 YEARS, BANDAGERE VILLAGE, ARDHANAHALLI POST, CHAMARAJNAGAR DISTRICT – 571 127.

46. RAJESHWARI S D/O SIDDAPPA AGED ABOUT 27 YEARS, KUNTHURU MOLE VILLAGE AND POST, KOLLEGAL TALUK, CHAMRAJNAGAR DISTRICT – 571 440.

…PETITIONERS

(By Sri, RAVIVARMA KUMAR, SENIOR COUNSEL FOR Smt. G.SHARADA BAI, ADVOCATE) AND:

1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY BACKWARD CLASSES WELFARE DEPARTMENT, DR.AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560 001.

2. RATHNAMMA, W/O NAGA NAYAK (LATE), AGED ABOUT 42 YEARS NAYAKARABEEDI, GUNDLUPET, CHAMRAJNAGAR – 571 123. 23

3. SHASHIKALA, W/O MAHADEVAIAH AGED ABOUT 44 YEARS, MAMBALLI, YELANDUR CHAMARAJANAGAR – 571 442.

4. MAHADEVAMMA, W/O MAHADEVAIAH, AGED ABOUT 41 YEARS, AMBEDKAR STREET, HARADANAHALLI HOBLI, CHAMRAJANAGAR – 571 127.

5. CHINNAMMA D/O LATE MAHADEVAIAH, AGED ABOUT 39 YEARS, NALLUR VILLAGE, VANDARABALU POST, CHAMRAJANAGAR TALUK CHAMRAJNAGAR – 571 313.

6. PADMA W/O NARASIMHA AGED ABOUT 37 YEARS AMBEDKAR STREET, ALUR, CHAMRAJNAGAR TALUK CHAMRAJNAGAR – 571 117.

7. GURU SIDDAIAH S/O CHANNAIAH (LATE) AGED ABOUT 56 YEARS, SOMANAHALLI VILLAGE AND POST, GUNDLUPET TALUK, CHAMRAJNAGAR – 571 109.

8. MAHADEVAMMA P W/O MAHADEVAIAH, AGED ABOUT 43 YEARS, 24

KAARINANJANAPURA, WARD 10, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 313.

9. LATHA W/O SHIVAMURTHY AGED ABOUT 36 YEARS, AMBEDKAR STREET, NEAR MARAMMA TEMPLE, AGARA VILLAGE, YELANDUR CHAMRAJNAGAR – 571 442.

10. NAGESH N S/O NINGAIAH, AGED ABOUT 33 YEARS, NANJARAJAPURA, HONGANUR CHAMRAJANAGAR – 571 117.

11. KAMALAMMA D/O RANGAIAH, AGED ABOUT 37 YEARS, AMBEDKAR STREET, 1 ST CROSS, RAMASAMDURA CHAMRAJNAGARA – 571 342.

12. KAMALAMMA.M W/O SHANTHARAJU, AGED ABOUT 37 YEARS, BALAPETE, YELANDUR CHAMRAJANAGAR – 571 441.

13. GOWRAMMA D/O CHIKKA VENKATAIAH (LATE), AGED ABOUT 39 YEARS, KARINANJANAPURA, SOMAVARAPETE POST, WARD NO.10, CHAMRAJNAGAR – 571 313.

25

14. CHINNASWAMY, S/O HONNAIAH, AGED ABOUT 36 YEARS, AMBEDKAR BEEDHI 4TH BLOCK, HONGANOOR CHAMRAJNAGAR – 571 117.

15. MEENAKSHI W/O SIDDAPPA, AGED ABOUT 40 YEARS, 777, NEW STREET, HARAVE HOBLI, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR-571 128.

16. KAMALAMMA W/O NAGARAJU (LATE) AGED ABOUT 39 YEARS, S C STREET, SANEGALA, UDIGALA, CHAMRAJNAGAR – 571 313.

17. SAROJAMBA N D/O NANJAIAH (LATE) AGED ABOUT 39 YEARS, AMBEDKAR EXTENSION, WARD NO.28, RAMASAMUDRA TOWN, CHAMRAJNAGAR – 571 342.

18. SIDDAMANI W/O NAGAPPA, AGED ABOUT 35 YEARS, 40, BASAVANNA STREET, HARAVE HOBLI, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 128.

19. MALLAVVA W/O NAGAPPA, AGED ABOUT 37 YEARS, 26

367, VAREKERI STREET, HARAVE HOBLI, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 128.

20. MAHADEVAMMA C W/O REVANNA, 724, NAGAVALLI, DR.B.R.AMBEDKAR EXTENSION, CHANDAKAVADI HOBLI, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 342.

21. RAGINAMMA D/O RANGASWAMY, AGED ABOUT 39 YEARS, SAPPAIAHANAPURA, CHAMRAJNAGAR, CHAMRAJNAGAR – 571 115.

22. SUDHEER P S/O PUTTASWAMY N, AGED ABOUT 31 YEARS, EWS QUARTERS NO.69, UNIVERSITY HOSTEL ROAD, KHB COLONY, CHAMRAJNAGAR – 571 313.

23. RAJAMMA W/O NAGARAJU (LATE) AGEDA ABOUT 44 YEARS AMBEDKAR STREET, DODDARAYAPETE, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 313.

24. K N MEENAKSHI W/O H.B.SWAMY, AGED ABOUT 40 YEARS HASAGULI, BEGUR HOBLI, 27

GUNDLUPET TLAUK, CHAMRAJNAGAR – 571 111.

25. LAKSHMI W/O MAHADEVAIAH, AGED ABOUT 36 YEARS AMBEDKAR STREET, KOTAMBALLI, CHAMRAJNAGAR – 571 117.

26. PUTTAMMA W/O VENKATARAMU, AGED ABOUT 41 YEARS MANGALA HOSUR VILLAGE, KANNEGALA, CHAMRAJNAGAR, CHAMRAJNAGAR – 571 115.

27. MAHADEVAMMA W/O MALLESH, AGED ABOUT 34 YEARS NO.46, S C STREET, BHOGAPURA, CHAMRAJNAGAR, CHAMRAJNAGAR – 571 115.

28. KOMALA D/O NANJUNDAIAH, AGED ABOUT 30 YEARS DR.B.R.AMBEDKAR LAYOUT, CHAMRAJNAGAR – 571 313.

29. RAJESHWARI W/O NANJUNDASWAMY, AGED ABOUT 44 YEARS GOWTHAMA STREET, YELANDUR TOWN, CHAMRAJNAGAR – 571 446.

30. C N NAGAMMA D/O NANJUNDAIAH, AGED ABOUT 43 YEARS 28

NO.14/16, KHB COLONY, KASABA HOBLI, CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 313.

31. JAYALAKSHMI W/O MALLIKARJUNA (LATE) AGED ABOUT 42 YEARS AMBEDKAR STREET, KAGALABVADI VILLAGE AND POST CHAMRAJNAGAR – 571 117.

32. PAVITHRA W/O RACHAIAH, AGED ABOUT 38 YEARS SRI RAMA COLONY, MUGURU VILLAGE, T.NARASIPURA TALUK, MYSURU – 571 124.

33. B LEELAVATHI AGED ABOUT 45 YEARS, W/O RANGASWAMY (LATE) ERASAVADI VILLAGE, CHAMRAJNAGAR, CHAMRAJNAGAR – 571 414.

34. BHAGYA BAI W/O RAVI NAYAKA, AGED ABOUT 38 YEARS, KOLLIPALYA VILLAGE, MUKANAPALYA, CHAMRAJNAGAR – 571 127.

35. BHAGYAMMA W/O NAGASUNDAR, AGED ABOUT 36 YEARS NALLURU VILLAGE, VANDRABALU POST, 29

CHAMRAJNAGAR TALUK, CHAMRAJNAGAR – 571 313.

36. RATHNAMMA D/O CHIKKANNA AMBEDKAR STREET AGED ABOUT 34 YEARS, SOMAVARPETE WARD-1, CHAMRAJNAGAR - 571 313.

37. SARITA W/O RAJU, AGED ABOUT 34 YEARS, HAREDAKERI WARD-10, GUNDLUPET CHAMRAJNAGAR - 571 111.

38. SRINIVASA R S/O LATE RAMANAYAKA AGED ABOUT 39 YEARS, 53, NEW STREET, TERAKANAMBI CHAMRAJNAGAR - 571 123.

39. SHOBHA G D/O GURUSIDDAIAH AGED ABOUT 36 YEARS, DASANOOR VILLAGE DODDAKAVALANDE HOBLI NANJANGUD TALUK, MYSORE - 571 315.

40. SAIYAD SAB S/O SAIYAD UMAR AGED ABOUT 28 YEARS, NAYAKARA STREET, UMMATHUR CHAMRAJNAGAR - 571 316.

30

41. RATHNAMMA W/O SRIKANTA (LATE) AGED ABOUT 37 YEARS, KEMPANAPURA CHAMRAJNAGAR TOWN CHAMRAJNAGAR - 571 115.

42. KUMARA C S/O CHIKKANANJAIAH, AGED ABOUT 24 YEARS, KOMARANAPJURA YELANDUR CHAMRAJNAGAR - 571 441.

43. KEMPAMMA W/O SIDDARAJDU (LATE) AGED ABOUT 35 YEARS, AMBEDKAR STREET DODDARAYAPETE VILLAGE AND POST CHAMRAJNAGAR TALUK CHAMRAJNAGAR - 571 313.

44. PUTTATHAYAMMA W/O MARAIAH AGED ABOUT 36 YEARS, GOWTHAMABADAVANE YELANDUR TOWN CHAMRAJNAGAR - 571 441.

45. SAVITHRAMMA W/O SHEKARAJU AGED ABOUT 35 YEARS, AMBEDKAR BEEDI, NAGAVALLI CHAMRAJNAGAR TALUK CHAMRAJNAGAR -571 342.

46. RAVI S/O CHIKKABASAVAIAH (LATE) AGED ABOUT 38 YEARS 31

AMBEDKAR STREET ALUR, CHANDAKAVADI HOBLI CHAMRAJNAGAR – 571 117.

47. MARAMMA W/O SIDDAIAH (LATE) AGED ABOUT 45 YEARS KAGALAVADI CHAMRAJNAGAR – 571 117.

48. MANGALAMMA W/O RANGAIAH AGED ABOUT 44 YEARS 3/35-C, AMBEDKAR BEEDHI B R HILLS ROAD, NALLURU HONDARABALU, KOLLEGAL CHAMRAJNAGAR – 571 342.

49. MARAMMA W/O NANJUNDASWAMY AGED ABOUT 43 YEARS 14/196, AMBEKDAR BEEDHI, CHAMRAJNAGAR TOWN CHAMRAJNAGAR – 571 313.

50. SHANTHAKUMARI W/O SIDDARAJU AGED ABOUT 32 YEARS NEAR CANARA BANK, WARD NO.5, MYSORE ROAD YALANUR CHAMRAJNAGAR – 571 441.

51. MALINI W/O CHANNANJAIAH AGED ABOUT 33 YEARS AMBEDKAR STREET ANKANASETTYPURA CHAMRAJNAGAR TALUK 32

CHAMRAJNAGAR – 571 127.

52. LAKSHMI R C W/O PARASHIVAMURTHY AGED ABOUT 38 YEARS 16, AMBEDKAR STREET, KAGALAVADI, CHAMRAJNAGAR TALUK CHAMRAJNAGAR – 571 117.

53. SHANTHAMMA W/O MAHADEVAIAH, AGED ABOUT 32 YEARS, AMBEDKAR STREET, NALLURU HONDARABALU, CHAMRAJNAGAR – 571 342.

54. M/S SHARP WATCH INVESTIGATION & SECURITY SERVICES (SWISS) REPRESENTED BY ITS PROPRIETOR NO.17/2, 1 ST FLOOR, 5 TH MAIN, 8TH CROSS, KAMAKSHI HOSTEL ROAD, SARASWATHIPURA, MYSORE – 570 009.

55. SHIVAMMA, W/O PUTTASWAMY, AGED ABOUT 45 YEARS, #141, AMBEDKAR STREET, NAGAVALLI, CHAMARAJNAGAR – 571 342.

56. DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.

33

57. BACKWARD CLASSES WELFARE DEPARTMENT, NO.16-D, 3 RD FLOOR, DEVARAJA URS BHAVAN, MILLERS TANK BUD AREA, VASANTH NAGAR, BENGALURU – 560 052 REPRESENTED BY ITS SECRETARY.

58. DISTRICT APPOINTING AUTHORITY CHAMARAJNAGAR, OFFICE OF THE DEPUTY COMMISSIONER, CHAMARAJNAGAR – 571 313.

59. M/S MATHA TECHNOLOGIES, #106, 1 ST MAIN, 5 TH CROSS, SAPTTHAGIRINAGARA, YALAKKISHETTAR COLONY, DHARWAD – 580 004 REPRESENTED BY ITS PROPRIETOR.

60. M/S BHARATH ENTERPRISES (RGD), 5TH CROSS HALAHALLI, MANDYA – 571 401.

61. M/S SURAKSHA SECURITY SERVICES, PRASHANTH BUILDING, OPP. GOVT BOYS HIGH SCHOOL, R.C.ROAD, HASSAN – 573 201 REPRESENTED BY ITS PROPRIETOR.

62. M/S OBJECT TECHNOLOGIE, #11/39A, 1 ST FLOOR, BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU – 560 004, REPRESENTED BY ITS PROPRIETOR.

…RESPONDENTS

34

(By Sri. R.SUBRAMANYA, AAG A/W Smt.H.VANI, AGA FOR R1 & R56-R58)

THESE WPs ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF , BY THE PETITIONER, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION REVIEWING THE ORDER DATED 2-3-2018 (ANNEXURE-A) PASSED IN W.P.NOS.31601 TO 31653 OF 2017 (S-RES) AND CONNECTED MATTERS AND DISMISS THE SAID WRIT PETITIONS AS NOT MAINTAINABLE.

THIS WA AND THESE WPs COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

JUDGMENT

Though this Writ Appeal No.1074/2018 and Writ

Petition No.17853/2018 are listed for orders, with the consent of the learned Additional Advocate General

Sri.R. Subramanya, appearing for the State; learned counsel for respondents; learned Senior counsel,

Sri.Ravivarma Kumar appearing for Smt.G.Sharada

Bai, learned counsel for petitioners and learned

Additional Government Advocate appearing for respondents in writ petition, they are heard finally. 35

2. This writ appeal and writ petition are connected together as they assail, inter-alia, order dated 02.03.2018 passed on I.A.No.1/2018 in

W.P.Nos.31601-31653/2017 (S-RES).

3. Briefly stated the facts are, respondent

Nos.1 to 53 in W.A.No.1074/2018 (petitioner Nos.1 to

53 in W.P.Nos.31601-31653/2017) had filed writ petitions assailing Notification bearing No.BCW 90 BET

2016 (Part-2) Bengaluru dated 29.09.2016

(Annexure-G to the writ appeal).

4. By the said Notification, the State intended to fill up 2470 vacant posts of Kitchen Assistants and

1547 vacant posts of Cooks (Group ‘D’ posts). Under the said Notification the minimum educational qualification prescribed was a pass in SSLC or matriculation. The petitioners assailed the same by contending that earlier the required educational 36

qualification was a pass in 7 th standard as per

Annexure-R2 to W.A.No.1074/2018 and therefore, higher qualification could not be as per Annexure-G.

5. By order dated 04.01.2018, learned Single

Judge dismissed the writ petitions, inter-alia, by observing that the selection process in 29 districts of the State had already been completed and at a belated stage, the said process could not be disturbed.

Moreover, the selected candidates had been appointed under the said Notification dated 29.09.2016 and third party rights has been created. Therefore, rights of those third parties could not be disturbed by this

Court.

6. Learned Single Judge further observed that it would also be not proper to strike down the

Notification dated 29.09.2016 only for the district of

Chamarajanagar because the petitioners were from 37

that district, as it would give rise to an anomalous situation, as it would remain valid for the rest of the districts. Therefore, writ petitions were dismissed as also on the ground of delay and laches.

7. Thereafter, W.A.Nos.521-545/2018 was filed by the petitioners, which fact has been brought to our notice by the learned counsel for respondents/writ petitioners. During the pendency of the said writ appeal, I.A.No.1/2018 was filed in

W.P.Nos.31601-31653/2017 seeking recall of the order dated 04.01.2018 passed by learned Single

Judge of this Court dismissing the writ petition filed by the petitioners. By the impugned order dated

02.03.2018, the earlier final order dated 04.01.2018 was recalled and the writ petitions, which were earlier dismissed, were allowed and the Notification dated

29.09.2016 qua Chamarajanagar District was quashed. The State was permitted to re-advertise the 38

posts and commence the selection process de novo in accordance with law insofar as Chamarajanagar

District was concerned.

8. Being aggrieved by impugned order dated

02.03.2018 passed on I.A.No.1/2018, the State as well as the writ petitioners in W.P.No.17853/2018 have filed the present writ appeal and writ petition, respectively. That is how these two matters are connected with each other.

9. We have heard learned Additional Advocate

General for the State along with instructions by learned Additional Government Advocate; learned counsel for respondent Nos.1 to 53 - Sri.N.S.

Vijayanath Babu; learned counsel for impleading applicants and also learned Senior counsel for the petitioners in W.P.No.17853/2018 and learned 39

Additional Government Advocate for the respondents-

State and perused the material on record.

10. Notice to other respondents has not been ordered in the writ petition.

11. The main grievance ventilated by the learned Additional Advocate General on behalf of the

State was that once the learned Single Judge had dismissed the writ petitions by order dated

04.01.2018, the said result could not have been reversed on an application (I.A.No.1/2018) filed by the petitioners in the very same matter. He submitted that once writ petitions were disposed, the learned

Single Judge became functus officio, except for carrying out any typographical or clerical errors as per

Section 152 of Code of Civil Procedure, 1908 (CPC) and not recalling the earlier decision rendered in the writ petition and reversing it. He submitted that if the 40

petitioners were aggrieved by the order of the learned

Single Judge, they could have either filed a writ appeal or a review petition.

12. He further submitted that even according to the writ petitioners, they had filed a writ appeal, but during pendency of the writ appeal, I.A.No.1/2018 was filed before the learned Single Judge and the same was allowed, by the impugned order dated

02.03.2018 passed on I.A.No.1/2018. It was submitted that the procedure adopted by the writ petitioners was not in accordance with law as they could have filed a review petition, which they did not do so. As a result, by the impugned order, observations made by the learned Single Judge qua

Chamarajanagar District in the writ petition for declining to grant any relief has been ignored in as much as by the impugned order, learned Single Judge has struck down the Notification dated 29.09.2016 41

only in so far as the said district is concerned whereas not in respect of the other districts in the State. The said Notification was acted upon and the appointments were made by them. Learned Additional Advocate

General submitted, the impugned order may be set aside and the appeal may be allowed.

13. Learned Senior counsel for the petitioners also submitted that order dated 02.03.2018 passed in writ petitions has been assailed in this writ petition.

Petitioners herein have been appointed pursuant to the Notification dated 20.10.2016 which was issued in respect of Chamarajanagar District and it was not even assailed by the petitioners in the writ petition.

That on completion of selection process and the dismissal of the writ petitions, appointment orders had to be issued to the selected candidates. At that stage,

I.A.No.1/2018 was filed by the writ petitioners and the 42

said application was allowed insofar as

Chamarajanagar District is concerned.

14. Learned Senior counsel submitted that petitioners could not have resorted to such a procedure as the rights of the petitioners in this writ petition has been jeopardized on account of the reversal of the decision on an application filed by the petitioners. Learned Senior counsel further submitted that these petitioners were not made parties to the writ petition when application in I.A.No.1/2018 was filed and the impugned order now affects the right of the petitioners as they were selected and were on the verge of receiving appointment orders when the impugned order dated 02.03.2018 was passed.

Learned Senior counsel submitted that the impugned order may be set aside on that short ground alone.

43

15. Learned counsel appearing for writ petitioners (respondent Nos.1 to 53 in

W.A.No.1074/2018) and for respondent Nos.2 to 53 and 55 in W.P.No.17853/2018, supported the order passed on I.A.No.1/2018 in the writ petitions and the reasons as to why the application was filed. It was because the appointment orders had not been issued insofar as Chamarajanagar District was concerned and therefore, learned Single Judge in exercise of his discretion allowed the said application; that the same has not resulted in anomalous situation and hence, the impugned order may not be interfered with. He, alternatively, submitted, in the event this Court is to interfere with the impugned order, then liberty may be reserved to the writ petitioners (respondent Nos.1 to

53 in W.A.No.1074/2018) to file review petition before the learned Single Judge.

44

16. It is not in dispute that in the writ petition filed by respondent Nos.1 to 53 in W.A.No.1074/2018, there was no challenge made to the Notification dated

20.10.2016, which was the recruitment Notification issued insofar as Chamarajanagar District is concerned. What was assailed was the Notification dated 29.09.2016 ( Annexure-G to the writ appeal).

The same was with regard to the direct recruitment of

Group ‘D’ - 2470 posts of Kitchen Assistants and 1547 vacant posts of Cooks in hostels coming under the jurisdiction of the Backward Classes Welfare

Department and Social Welfare Department of the

State. By the impugned order dated 04.01.2018, learned Single Judge dismissed the writ petitions by a detailed order and by giving reasons in the said order, inter-alia, holding that the writ petitions were hit by delay and laches and also that third party rights have been created, as the recruitment had been completed 45

and therefore, the same could not disturbed by this

Court at that stage.

17. Even with regard to Chamarajanagar

District in respect of which posts the writ petitions were filed, learned Single Judge had opined that an anomalous situation would be created if the

Notification was to be struck down insofar as

Chamarajanagar District only was concerned while it would have been implemented and remained valid for the rest of the State. Thereafter, W.A.Nos.521-

545/2018 was filed by the petitioners. During the pendency of the said writ appeal, I.A.No.1/2018 was filed and by the impugned order dated 02.03.2018, the learned Single Judge allowed the writ petitions filed by the petitioners and struck down the

Notification dated 29.09.2016 insofar as

Chamarajanagar District was concerned and directed 46

for re-advertisement of the posts and to commence fresh selection process.

18. We find that the learned Single Judge could not have reversed the earlier decision rendered on

04.01.2018 on the basis of I.A.No.1/2018 filed by the writ petitioners and pass the impugned order dated

02.03.2018. The writ petitioners could have either filed a review petition or a writ appeal. In fact, writ appeal was filed by them, but during the pendency of writ appeal, an application was filed in

W.P.Nos.31601-31653/2017 (S-RES). The application was not for seeking a correction of an order in terms of Section 152 of CPC or any order in the nature of exercise of jurisdiction under Section 152 of CPC. The application was in substance seeking review of the order dated 04.01.2018 insofar as Chamarajanagar

District was concerned. The learned Single Judge after noting the position as it obtained with regard to 47

Chamarajanagar District in juxtaposition to other districts had declined to interfere with regard to said district by the earlier order dated 04.01.2018.

Nevertheless, by the impugned order dated

02.03.2018 passed on I.A.No.1/2018 learned Single

Judge proceeded to strike down the Notification dated

29.09.2016 for Chamarajanagar District.

19. With respect, we find that learned Single

Judge ought not to have passed the impugned order.

I.A.No.1/2018 was not a review petition, it was only an application and on an application, final order passed earlier could not have been recalled. A final order could be modified, set aside or recalled only on a review petition or by an Appellate Bench/Court.

20. In this context we place reliance on the judgment of the Hon’ble Supreme Court in Nazma

Vs. Javed Anjum, [(2013) 1 SCC 376 (para-12)]. 48

We also rely on the judgment dated 24.09.2007 passed by Hon’ble Supreme Court in Narpat Singh

Vs. Rajasthan Financial Corporation in Civil

Appeal Nos.2181-82/2001.

21. In the circumstances, on the said short ground alone, we set aside the impugned order dated

02.03.2018 by holding that the learned Single Judge had no jurisdiction to pass such an order on

I.A.No.1/2018.

22. Accordingly, W.A.No.1074/2018 and

W.P.No.17853/2018 are allowed . However, we take note of the submission of the learned counsel appearing for respondent Nos.1 to 53 in

W.A.No.1074/2018 and reserve liberty to them to seek review of the order dated 04.01.2018 passed by the learned Single Judge, if so advised.

49

It is also clarified that while passing this judgment and order we have not expressed our opinion on the merits of the case.

In view of disposal of writ appeal and writ petition, the pending applications stand disposed.

Parties to bear their respective costs.

Sd/- JUDGE

Sd/- JUDGE

RR