SRI A N RAJENDRA vs. THE STATE OF KARNATAKA

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 19th DAY OF JULY 2013

BEFORE

THE HON’BLE MR. JUSTICE A S BOPANNA

W.P. Nos.27954-28068/2013 (BDA)

BETWEEN: 1. SRI A N RAJENDRA AGED ABOUT 64 YEARS, S/O LATE A.L. NARASIMHA MURTHY, R/AT MATHRUSREE NILAYA, # 172/1, 3RD CROS, KATHRIGUPPE MAIN ROAD, VIVEKANANDANAGARA, BANGALORE-560 085. 2. SMT. V. SANDHYA AGED ABOUT 70 YEARS, D/O LATE VENUGOPAL, R/AT NO.12, 2ND MAIN ROAD, NANJAPPA LAYOUT, ADUGODI, BANGALORE-560 030 3. SRI A. MARICHOWDA AGED ABOUT 59 YEARS, S/O SRI APPAIAH, R/AT NO. 196/A, 23RD CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE-560 082 4. SMT. PUSHPALATHA AGED ABOUT 53 YEARS, W/O K.L SATYANARAYANA, R/AT NO.2, 1ST CROSS, MAHALAKSHMI TENT ROAD, OPP. VEENA STORES, MAHALAKSHMIPURAM LAYOUT, BANGALORE-560 086 5. S.A PADMA PRABHA AGED ABOUT 60 YEARS,

2 D/O LATE ANANTHARAMAIAH, R/AT NO. 187, 22ND CROSS, 6TH BLOCK,JAYANAGAR, BANGALORE-560 082 6. SRI. AMAR KUMAR AGED ABOUT 52 YEARS, R/AT NO.24, 3RD CROSS, L.I.C. COLONY, 3RD BLOCK, EAST JAYANAGAR, BANGALORE-560 011 7. SRI H. VITAL BHAT AGED ABOUT 51 YEARS, S/O H. SUNDAR BHAT, R/AT NO.22/A, M.G. ROAD, BANGALORE-560 001 8. SRI P.D. JOSHI AGED ABOUT 46 YEARS, S/O D.K.JOSHI, R/AT NO. 797, 31ST CROSS, GANESHA TEMPLE ROAD, TILAKNAGAR, BANGALORE-560 041 9. SMT.MEDHA NANDA KUMAR AGED ABOUT 55 YEARS, W/O. NANDAKUMAR, R/AT NO. 596, SAJJAN RAO CIRCLE, V.V. PURAM, BANGALORE-04 10. SRI K.L. ASHOK AGED ABOUT 43 YEARS, R/AT NO.24,3RD CROSS, 3RD BLOCK, EAST L.I.C. COLONY, JAYANAGAR, BANGALORE-560 011 11. SRI T. LAKSHMESHWARA AGED 62 YEARS, S/O LATE T.D. LAKSHMISHWARA, R/AT NO.204, PEARL PARADISE, BASAWA SAMITHI LAYOUT, TUNDLU, VIDHYARANYAPURA POST, BANGALORE-560 097 12. SRI M.K. RAMA MURTHY AGED 65 YEARS, S/O N. KESHAVA MURTHY, R/AT NO.35, 6TH "E" MAIN,

3 EDUCATION OFFICERS LAYOUT, WEST OF CHORD 2ND PHASE, 2ND STAGE, BANGALORE-86 13. SMT. VARALAKSHMI DIWAKAR AGED 58 YEARS, W/O SRI T.N. DIWAKAR MURTHY, R/AT NO.D.B.24, KAVAL BHAYRASANDRA, R.T. NAGAR POST, BANGALORE-32 14. SMT. SHIVAMMA AGED ABOUT 52 YEARS R/T NO.104, 20TH MAIN, STAR MUNISWAMY LAYOUT, SARAKKI AGRAHARA, 5TH BLOCK, J.P NAGAR, BANGALORE-78 15. SRI. CHANDRA KUMARI P AGED 39 YEARS R/T NO.196, 23RD CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE-82 16. SRI K. SUBBAIAH AGED ABOUT 52 YEARS, S/O LATE KUNDAR, R/AT NO.187, 22ND CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE-82 17. SRI S. LOKANATHAN AGED ABOUT 61 YEARS, S/O LATE S. SARAVANAPILLE, R/AT NO.82, CHIKKA MARKET ROAD, SHIVAJINAGAR, BANGALORE-01 18. SRI M.C. DEVAMMA AGED ABOUT 64 YEARS, S/O LATE CHIKKADEVAIAH, R/AT NO. 187, 22ND CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE-82 19. SMT. B.N. SHANTHA AGED ABOUT 65 YEARS, W/O SRI A.S. GURUNATH, R/AT NO.47, 3RD BLOCK, JAWARAIAH GARDEN, THYAGARAJANAGAR, BANGALORE-28

4 20. SRI G.Y. BASAWARAJU AGED ABOUT 58 YEARS, S/O G.Y. BASAVANNA, R/AT NO. 349, 57TH CROSS, 3RD BLOCK, RAJAJINAGAR, BANGALORE-10 21. SMT. H.T. GEETA AGED ABOUT 47 YEARS, W/O T.S. CHANDRASHEKAR, R/AT NO.337, 2ND CROSS, 5TH MAIN, KENGERI UPANAGARA, BANGALORE-60 22. SRI C.H. LAKSHMI NARAYAN AGED ABOUT 45 YEARS, S/O C.L BASAVARAJU, R/AT NO.14, AIR COLONY, YELAHANKA NEW BLOCK, BANGALORE-64 23. SRI B.N. SHAKUNTHALA AGED 48 YEARS, R/AT NO.392, SHIVA KRUPA, SRINIVASANAGARA, 12TH MAIN, BSK 1ST STAGE, BANGALORE-20 24. SMT. LALITA LOKNATH AGED ABOUT 54 YEARS, W/O S. LOKANATHAN, R/AT NO.82, CHIKKA MARKET ROAD, SHIVAJINAGAR, BANGALORE-21 25. SMT. C. MANJULA AGED 36 YEARS R/AT NO.1880, 41ST "B" CROSS, 18TH MAIN, 4TH "T" BLOCK, JAYANAGAR, BANGALORE-11 26. SRI V.K. NAGARAJ AGED 43 YEARS R/AT NO. 145, 6TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR, BANGALORE-40 27. SMT. R. PUSHPAVATHI AGED ABOUT 53 YEARS, W/O A. SRINIVAS MURTHY,

5 R/AT NO.28, 4TH CROSS, LAKSHMI NIVASA, OLD GUDDADAHALLI MYSORE ROAD, BANGALORE-26 28. SRI K. RAMESH AGED 39 YEARS, R/A NO.1528, SOUTH END "B" ROAD, 9TH BLOCK EAST, JAYANAGAR, BANGALORE-69 29. SRI A.S. RAGHUNATH AGED ABOUT 50 YEARS, S/O A.R. SRINIVAS RAO, R/AT NO.794/A, 9TH CROSS, K.N. BLOCK, YESHWANTHPURA, BANGALORE-22 30. SRI.MAHADEVAIAH AGED ABOUT 58 YEARS, S/O SRI RAJEGOWDA, R/AT NO.655, BASAWESHWARA LAYOUT, NAGASHETTY HALLI, BANGALORE-94 31. SMT. YASHODA AGED 35 YEARS R/AT NO.34, 3RD CROSS, L.I.C. COLONY, 3RD BLOCK EAST, JAYANAGAR, BANGALORE-11 32. SRI K.P VASANTHKUMAR AGED ABOUT 58 YEARS, S/O PUTTASWAMAIAH, R/AT NO.58, 1ST "R" BLOCK, RAJAJINAGAR, BANGALORE-10 33. SRI L. KALE GOWDA AGED ABOUT 65 YEARS, S/O P.LAKKEGOWDA, RA/T NO.110, 15TH CROSS, K.P AGRAHARA, BHUVANESHWARINAGAR, BANGALORE-23 34. SRI S.P VANITHA ASHOK KUMAR AGED ABOUT 47 YEARS, W/O ASHOK KUMAR, R/AT NO.1316, 9TH CROSS, MAHADESHWARA KRUPA,

6 2ND PHASE, J.P NAGAR, BANGALORE-78 35. DR. VITAL RAO AGED ABOUT 58 YEARS, R/AT SAKEEN VILLAGE, KAPPALA TALUK, KOPPALA DISTRICT 36. SRI K. SRIDHAR RAO AGED ABOUT 44 YEARS, S/O K. RAMAMURTHY, R/AT NO.204, 16TH CROSS, 11TH MAIN, WILSON GARDEN, BANGALORE. 37. SMT. N. VANITHA AGED ABOUT 57 YEARS, S/O K.A. ASHOK KUMAR, R/AT NO.3, DIVYA ENCLAVE- 1324, GIRINAGAR, 2ND PHASE, BANGALORE-85 38. SRI J. KRISHNA MURTHY AGED ABOUT 50 YEARS, S/O LATE JAVARAIAH, R/AT NO.33, KUMARA GARDEN, BEHIND BTS DEPOT, VIJAYANAGAR, BANGALORE-40 39. SRI ARAVINDA K GINDI AGED ABOUT 63 YEARS, R/AT NO.15, MOUNT JOY ROAD, GIRIYAPPA COMPOUND, HANUMANTHANAGAR, BANGALORE 40. SRI R. SHESHADRI AGED ABOUT 57 YEARS, S/O H. RAJAGOPAL, R/AT NO. 543, 16TH CROSS, 6TH PHASE, J.P NAGAR, BANGALORE-78 41. SRI R. MADHURNATH AGED ABOUT 56 YEARS, S/O H RAJAGOPAL, R/AT NO.50, KAMADHENU, 2ND CROSS, SRI VENKATESHWARA KRUPA LAYOUT,

7 BASAVESHWARANAGAR, BANGALORE-79 42. SRI DEVAMMA AGED ABOUT 48 YEARS, W/O MOHAN RAJU, R/AT NO.57/35, 3RD CROSS, R.V. NAGAR, KALIDASA LAYOUT, SRINAGAR, BANGALORE-50 43. SMT. V. SAROJA AGED ABOUT 55 YEARS, D/O LATE VEERAPPA, R/AT NO.28, 2ND CROSS, HANUMANTHANAGAR, BANGALORE-19 44. SRI N.K. NARASIMHA SWAMY AGED ABOUT 61 YEARS, S/O LATE KRISHNAMURTHY, R/AT NO.172/1, 3RD CROSS, VIVEKANANDANAGAR, KATHRIGUPPE MAIN ROAD, BANGALORE-85 45. SRI N.S. NAGARATHNA AGED ABOUT 41 YEARS, S/O K.B. SHIVALINGAIAH, R/AT NO.7, 9TH CROSS, KRISHNAPPA BLOCK, GANGANAGAR, BANGALORE-32 46. SRI K.P NARASIMHA MURTHY AGED ABOUT 56 YEARS, S/O PUTTASWAMAIAH, R/AT NO.58, 1ST "R" BLOCK, RAJAJINAGAR, BANGALORE-10 47. SRI R. NARASIMHA MURTHY RAO AGED ABOUT 62 YEARS, S/O LATE G.R. RANGA RAO, R/AT BANU NIVASA, NO.42/96,5TH MAIN, 4TH BLOCK, THYAGARAJANAGAR, BANGALORE-28 48. SRI R. SHRINATH AGED ABOUT 69 YEARS, S/O LATE H. RAMA RAO, R/AT NO.225, 5TH MAIN ROAD,

8 PADMANABHANAGAR, BANGALORE 49. SRI C. PRADEEP AGED ABOUT 40 YEARS, S/O CHANDRASHEKAR, R/AT NO.110, 16TH CROSS, K.P AGRAHARA, BANGALORE-23 50. SRI P. SUBRAHMANYA AGED ABOUT 47 YEARS, S/O LATE DR. P. NARASIMHAMURTHY, R/AT NO.7, BALAJI LAYOUT, NEAR I.T.I. COLONY, BSK 3RD STAGE, BANGALORE-86 51. SMT. V. JAYANTHI AGED ABOUT 45 YEARS, D/O S. VEERANNA, RA/T NO.143/A, 26TH MAIN, 39T H CROSS, 9TH BLOCK, JAYANAGAR, BANGALORE-11 52. SRI C. RAMESH AGED ABOUT 57 YEARS, S/O CHANNAIAH, R/AT NO.34/1, 15TH CROSS, 8TH MAIN, MARIYAPPANAPALYA, MAGADI MAIN ROAD, BANGALORE-23 53. SMT. NANJAMMA AGED ABOUT 48 YEARS, W/O L. MANCHAIAH, R/AT NO.451, SRINIVASANAGAR, 2ND STGE, BSK 3RD PHASE, BANGALORE. 54. SRI. SHARADA RAMACHANDRA AGED ABOUT 58 YEARS, W/O SRI K. RAMACHANDRA, R/AT NO.100, BEML LAYOUT, BASAVESHWARANAGAR, BANGALORE 55. SRI P. RADHA AGED ABOUT 63 YEARS, W/O P. HARAGOPAL R/AT NO.42/17, 4TH CROSS, PUKA RAJ LAYOUT,

9 BANNERGHATTA ROAD, BANGALORE-30 56. SRI P. NATARAJAN AGED ABOUT 63 YEARS, S/O PUTTASWAMAIAH, R/AT NO.42/17, 4TH CROSS, PUKA RAJ LAYOUT, BANNERGHATTA ROAD, BANGALORE-30 57. SMT NALINA T H AGED ABOUT 55 YEARS W/O T V HARI SARVOTHAMA RAO R/AT NO.58, SAHANA KSRTC LAYOUT UTTARAHALLI MAIN ROAD BANGALORE 560 061 58. SMT ASHA K NAYAK AGED 40 YEARS C/O G V BASAVARAJU R/AT NO.1431, 3RD MAIN SIDDAGANGA EXTN TUMKUR-2 59. SRI N V NARAYANA SWAMY AGED 60 YEARS R/AT NO.A-24, 32ND CROSS 7TH BLOCK, JAYANAGAR BANGALORE- 560082 60. SRI S D NARAYANA SWAMY AGED ABOUT 55 YEARS S/O S B DATTATHREYA RAO R/AT NO.1519/15, SURABHI B BLOCK SAHAKARANAGAR BANGALORE CAMP, SHIMOGA 61. SRI H V UMADEVI AGED 46 YEARS R/AT NO.2598, 11TH MAIN 'E' BLCOK, RAJAJINAGAR, 2ND STAGE. BANGALORE-10 62. SRI B HONNAPPA AGED ABOUT 55 YEARS S/O BETTAIAH R/AT NO.779, 1ST FLOOOR

10 13TH CROSS, NAGARBHAVI ROAD 1ST STAGE, CHANDRA LAYOUT BANGALORE 560072 63. SMT P V RENUKA AGED 50 YEARS R/AT NO.13, S V LAYOUT BSK 3RD PHASE BANGALORE 560 085 64. SRI A R V SHARMA AGED 51 YEARS R/AT MIG 2 19, HOUSING BOARD COLONY BIDADI RAMANAGARA TALUK BANGALORE 65. SRI SHYLABAI W/O VENKOBA RAO AGED 49 YEARS R/AT NO.262, 12TH A MAIN RAJAJINAGAR, 6TH BLOCK BANGALORE 560010 66. SRI M R PRASAD AGED ABOUT 58 YEARS S/O M SRINIVAS MURTHY R/AT NO.921, 12TH CROSS J P NAGAR, 1ST PHASE BANGALORE 560078 67. SRI A VARIJA SHENOY AGED 44 YEARS R/AT NO.168, 6TH CROSS, 6TH BLOCK, BSK 3RD STAGE, 3RD PHASE, BANGALORE 68. SRI T NAGARAJ S/O T PRATHASARATHY AGED 53 YEARS R/AT NO.921, 12TH CROSS 1ST PHASE, J P NAGAR BANGALORE 560078 69. SRI S VENKATACHALAIAH AGED 39 YEARS R/AT NO.34, SHREE RANGA SNEHA COLONY, CHIKKALASANDRA BANGALORE 560 061

11 70. SRI C SIDDAPPA AGED 43 YEARS R/AT NO.449, 2ND CROSS 9TH D MAIN, VIJAYANAGAR BANGALORE 560040 71. SRI A SRINIVAS MURTHY AGED 54 YEARS R/AT NO.1881, 10TH CROSS, 5TH MAIN , R P C LAYOUT (HAMPINAGAR) BANGALORE-40 72. SRI R PUSHPAVATHI AGED 39 YEARS R/AT NO.1881, 10TH CROSS, 5TH MAIN, R P C LAYOUT (HAMPINAGAR), BANGALORE-40 73. SMT T N SATYAVATHI AGED ABOUT 60 YEARRS W/O S KRISHNAMURTHY R/AT NO.28, 1ST R BLOCK 20TH A MAIN, RAJAJINAGR BANGALORE 560010 74. SMT. JAYAMMA AGED ABOUT 52 YEARS W/O THIMMEGWODA R/AT NO.83, 75TH E CROSS 12TH B MAIN, 6TH BLOCK RAJAJINAGAR BANGALORE 560 010 75. PADMAPRABHA S A AGED ABOUT 60 YEARS D/O ANANTHA RAMAIAH R/AT NO.823, 5TH BLOCK 17TH F MAIN, RAJAJINAGAR BANGALORE 560010 76. SRI BALA SUBRAMANYA G T AGED 43 YEARS R/AT NO.3268, ANUGRAHA, 4TH CROSS, GAYATHRINAGAR BANGALORE 560021 77. SRI N HARISH AGED ABOUT 48 YEARS S/O M NARAYANA RAO

12 R/AT NO.U-16, PIPE LINE MAIN ROAD, MALLESHWARAM BANGALORE 560 003 78. SRI N SHANKAR MURTHY AGED ABOUT 55 YEARS S/O Y N NARAYANA RAO R/AT NO.1, SAVI 9TH MAIN VIYALIKAVAL BANGALORE 560003 79. SRI KULKARNI H S AGED ABOUT 56 YEARS S/O SRINIVAS RAO KULKARNI R/AT NO.G-1/141, 6TH MAIN AGR LAYOUT, HESARAGHATTA MAIN HIKKABANAWARA BANGALORE 560090 80. SMT GEETHA SUDHA B K AGED ABOUT 54 YEARS W/O N G JOSHI R/AT NO.797, 2ND FLOOR, 31ST CROSS, GANESH TEMPLE ROAD TILAK NAGAR, BANGALORE 81. SRI PARAMESHWARAPPA AGED ABOUT 51 YEARS S/O NINGAPPA R/AT NO.3085/D, 14TH MAIN HMT LAYOUT, VIDYARANYAPURA BANGALORE 560097 82. SRI A N GYANA PRABHU AGED 38 YEARS R/AT NO.124, 1ST BLOK, 14TH MAIN HMT LAYOUT VIDYARANYAPURA BANGALORE 560097 83. SRI T N BABU AGED ABOUT 50 YEARS S/O R NARAYANASASTRY R/AT NO.795, SAHYADRI 52ND MAIN, 1ST STAGE KUMARASWAMY LAYOUT BANGALORE 560078

13 84. SRI N K SUBBANNA AGED 63 YEARS R/AT NO.17/117/7, 201 2ND FLOOOR, MANGALA NILAYA APARTMENT CAUVERYNAGAR, RAMA RAO LAYOUT VIVEKANANDANAGAR BSK 3RD STAGE BANGALORE 560085 85. SMT MAHALAKSHMI AGED ABOUT 50 YEARS W/O VENKATARAMANA NAIK R/AT NO.281, SRI GANESHA NILAYA 2/5 MAIN, 6TH CROSS, 1ST BLOCK RAMAKRISHNAGAR MYSORE - 22 86. SMT B NIRMALA W/O LATE BALASUBRAMANYA AGED 44 YEARS R/AT B B I SONA APARTMENT INCOME TAX LAYOUT VIJAYANAGAR BANGALORE 560040 87. SMT V BHAVANI AGED ABOUT 46 YEARS D/O K VENKATARAMANA R/AT NO.9/26, 3RD MAIN MOUNT JOY EXTENSION HANUMANTHANAGAR BANGALORE 560019 88. SRI S VISHWANATHAN AGED ABOUT 51 YEARS S/O SRINIVASMURTHY R/AT NO.BG.1, SONALI APARTMENT INCOME TAX LAYOUT,ATTIKUPPE BANGALORE 560040 89. SMT PADMAVATHI W/O R ANANTHA KRISHNA AGED 40 YEARS R/AT NO.50, 1ST D CROSS RENCO LAYOUT VIJAYANAGAR BANGALORE 560040

14 90. SRI B RAMACHANDRAN S/O GOPAL IYANGAR AGED 51 YEARS R/AT NO.50, 1ST D CROSS RENCO LAYOUT, VIJAYANAGAR BANGALORE 560040 91. SRI S LOGNATHAN AGED ABOUT 54 YEARS S/O LATE SARAVANAN PILLAI R/AT NO.82, CHIKKA BAZAR ROAD SHIVAJINAGAR, BANGALORE 92. SMT. LALITHA LOGNATHAN AGED ABOUT 53 YEARS W/O LOGNATHAN R/AT NO.82,CHIKKA BAZAR ROAD SHIVAJINAGAR BANGALORE 93. SMT. S KAMALAMMA AGED ABOUT 67 YEARS W/O H N LAKSHMIKANTHA R/AT NO.260, THIMMAIAH COMPOUND, JALAHALLI VILLAGE BANGALORE 560013 94. SMT. KANTHA MANI AGED ABOOUT 63 YEARS W/O LATE B S GURURAJ R/AT NO.12, FORT VARTHUR BANGALORE SOUTH BANGALORE 560023 95. SRI K N VENKATESHA RAO AGED ABOOUT 49 YEARS S/O LATE NAGESHWARA RAO R/AT NO.42/96, BAPU NIVAS 5TH MAIN, 4TH BLOCK THYAGARAJANAGAR BANGALORE 560028 96. SRIMATHI AGED ABOUT 52 YEARS W/O LATE G R RAVEENDRA R/AT NO.42/96, BAPU NIVAS 5TH MAIN, 4TH BLOCK THYAGARAJANAGAR BANGALORE 560028

15 97. SRI KANNAN KASTURI N S AGED ABOUT 51 YEARS S/O LATE K R SAMPATHKUMAR R/AT NO.94, 2ND CROSS CENTRAL EXCISE LAYOUT VIJAYANAGAR BANGALORE 560040 98. SRI V S RAMESH AGED ABOUT 51 YEARS S/O V N SATHYANARAYANA R/AT NO.60B, 4TH BLOCK 10TH MAIN, RAJAJINAGAR BANGALORE 560010 99. SMT. P JAYASHREE SUNDAR AGED ABOUT 45 YEARS W/O R SUNDAR R/AT NO.16, 4TH CROSS 100 FEET NEW INNER RING ROAD SRINIVAGILU, VIVEKANAGAR BANGALORE 560047 100. SMT P ANASUYA GUNASHEKAR AGED ABOUT 53 YEARS W/O P S GUNASHEKAR R/AT NO.16, 4TH CROSS 100 FEET NEW INNER RING ROAD SRINIVAGILU, VIVEKANAGAR BANGALORE 560047 101. SRI NARENDRA KUMAR N JAIN AGED ABOUT 48 YERAS S/O LATE NICHALCHAND JAIN R/AT NO.201, 23RD CROSS 6TH BLOCK,JAYANAGAR BANGALORE 560082 102. SRI RAJESH KUMAR N JAIN AGED ABOUT 42 YEARS S/O LATE NIHALCHAND JAIN R/AT NO.201, 23RD CROSS 6TH BLOCK, JAYANAGAR BANGALORE 560082 103. SRI RAKESH KUMAR N JAIN AGED ABOUT 38 YEARS S/O LATE NIHALCHAND JAIN R/AT NO.201, 23RD CROSS

16 6TH BLOCK, JAYANAGAR BANGALORE 560082 104. SRI VINOD KUMAR JAIN AGED ABOUT 36 YEARS S/O LATE NIHALCHAND JAN R/AT NO.201, 23RD CROSS 6TH BLOCK, JAYANAGAR BANGALORE 560082 105. SMT. PRAVEENA JAIN AGED ABOUT 45 YEARS W/O RAJESHKUMAR JAIN R/AT NO.201, 23RD CROSS 6TH BLOCK, JAYANAGAR BANGALORE 560082 106. SMT. S A SUMITRA AGED ABOUT 62 YEARS W/O LATE KEMPANNA R/AT NO.535, 1ST FLOOR 9TH MAIN, M E LAYOUT VIJAYANAGAR BANGALORE 560079 107. SMT. SHARADAMMA AGED ABOUT 58 YEARS W/O G GUNDU RAO R/AT NO.209, 6TH CROSS G.K.W LAYOUT, VIJAYANAGAR BANGALORE 560040 108. SRI R MURALI AGED ABOUT 60 YEARS S/O LATE N S RAJAGOPALAN R/AT NO.53, 2ND MAIN SHESHADRIPURAM BANGALORE 560020 109. SMT. P GEETHA AGED ABOUT 60 YEARS C/O P BHARATHIDEVI R/AT NO.16, 3RD FLOOR SANJEEV NAIK LANE AVENUE ROAD CROSS CUBBONPATE BANGALORE 560002

17 110. SMT. S P VANITHA AGED ABOUT 57 YEARS W/O S A ASHOK KUMAR R/AT NO.19 CHANDRAKANTHA 6TH MAIN V V MOHALLA, MYSORE - 2 111. SMT. S P JAYALAKSHMI AGED ABOUT 54 YEARS W/O S A PARSHWANATH R/AT NO.172/10, 3RD A CROSS VIVEKANANDANAGAR KATR00IGUPPE MAIN ROAD BANGALORE 560 008 112. SMT. R V PADMAVATHAMMA AGED ABOUT 50 YEARS D/O VARADACHAR R/AT NO.119, IEHC LAYOUT 5TH BLCOK, AIV A MAIN ROAD 1ST CROSS, VIDYARANYAPURA BANGALORE 560097 113. SRI K P SANKARANA AGED ABOUT 67 YEARS S/O LATE K P KETHAN R/AT NO.31, 10TH CROSS THIMMAIAH GARDEN R T NAGAR BANGALORE 560032 114. SRI R SAMPATHKUMAR AGED ABOUT 52 YEARS S/O LATE RAMAIAH R/AT NO.733, 3RD STAGE 3RD BLOCK, 9TH MAIN ROAD BASAVESHWARANAGAR BANGALORE 560079 115. SMT. VEENA SAMPATHKUMAR AGED ABOUT 41 YEARS W/O SAMPATHKUMAR R/AT NO.733, 3RD STAGE 3RD BLCOK, 9TH MAIN ROAD BASAVESHWARANAGAR BANGALORE 560079 ... PETITIONERS (BY SRI S P SHANKAR, SR.COUNSEL FOR SMT. MAMATHA G KULKARNI)

18 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-01 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-20 3. SURABHI SEVA SANGHA (REGD) BY ITS SECRETARY, CHANDRASHEKARAIAH S/O BETTAIAH, AGED ABOUT 63 YEARS, HAVING ITS REGISTERED OFFICE AT NO. 187, 22ND CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE-82 ... RESPONDENTS (BY SRI VIJAYAKUMAR A PATIL, HCGP. FOR R1 SRI VASANTH K, ADV. FOR R2 NOTICE TO R3 D/W V/O DT.17.07.2013) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO DIRECT THE R1 & R2 TO CONSIDE THEIR APPLICATIONS & REPRESENTATIONS OF THE PETITIONERS THE LAST OF WHICH BEING VIDE ANN-D1 TO D11 DT.6.4.04, FOR THE PURPOSE OF DE-NOTIFICATION OR/RELEASE /ALLOT THE SITES FORMED SY.NO.28/1, 28/2, 28/3, & 35/1 ALL SITUATED IN RAMASANDRA VILLGE, KENGERIHOBLI, BANGALORE SOUTH TQ. IN TERMS OF DIRECTIONS ISSUED IN WP.NO.47917 TO 48053 R/W DIRECTIONS CONTAINED IN JUNJAMMA'S CASE ILR 2005 KAR 608 & TO GRANT SUCH OTHER RELIEF. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING :

19 O R D E R The petitioners are before this Court seeking for issue of mandamus to direct respondents No.1 and 2 to consider their applications and representations which have been referred to in these petitions and produced at Annexures-D series. 2. The case of the petitioners is that they are all purchasers of sites in the private layout formed in Sy.Nos.28/1, 28/2, 28/3 and 35/1 situate at Ramasandra village, Kengeri Hobli, Bangalore South Taluk. The lands in the said area had been notified and acquired by the second

respondent

for

formation

Sir M.Vishveshwaraiah Layout. The petitioners are stated to have assailed the said acquisition notification unsuccessfully. Similarly, several persons who had owned sites and lands in the said area had questioned the acquisition notification before this Court and this Court while considering and disposing of a batch of writ petitions in W.P.No.47917/2003 and connected petitions on 16.12.2005 known as Junjamma’s case had issued directions with regard to the manner of consideration of

20 the rights of the parties who had already possessed sites which had been purchased by private transactions. Similarly, certain other persons who are stated to be similarly placed as that of the petitioners were also before this Court in W.P.Nos.10416-535/2013 disposed of 27.03.2013 claiming benefit of the directions issued in Junjamma’s case. This Court on taking note of the directions issued in W.P.No.47917/2013 and connected matter dated 16.12.2005 (Junjamma’s case) was of the view that since there is already a direction issued by this Court, all similar placed persons would be benefited by such direction and therefore, the petitions came to be disposed of. The petitioners in that background are contending that they are similarly placed persons and therefore, their representations at ‘D’ series which have been submitted to the second respondent also requires consideration. 3. Learned counsel for the second respondent, at this juncture, would point out that though the petitioners have impleaded the third respondent herein and have thereafter sought dispensation of the notice to the third

21 respondent, the said third respondent has filed a Special Leave Petition (Civil) 13017-13018/2012 and the same is pending consideration before the Hon'ble Supreme Court. The learned counsel would also refer to the note at Annexure-H dated 09.05.2006 relating to communication of certain orders to maintain status quo with regard to the survey numbers mentioned therein and these aspects would be relevant in the case of the petitioners herein. 4. Having taken note of the said submissions of the learned counsel for the second respondent, I am of the opinion that in the circumstance where the petitioners are before this Court seeking for consideration of their representations in accordance with the earlier directions, certainly, the second respondent would also be entitled to look into these aspects of the matters while considering the representations of the petitioners as to whether they are entitled to the benefit of the order granted in the case of Junjamma & others V. The Bangalore Development Authority & Others, reported in ILR 2005 KARN 608 or as to whether there is an legal impediment for the second respondent to extend the benefit to the petitioners herein.

22 5. Hence, without expressing any opinion on the merits of the claim made in the representations submitted by the petitioners, the second respondent is directed to consider and dispose of the representations in accordance with law taking into consideration all aspects of the matter including the above stated aspects. 6. To enable expeditious disposal of the said representations, the petitioners shall now file one more copy of the respective representations along with the supporting documents, enclosing a copy of this order with the second respondent within four weeks from the date of receipt of copy of this order. The result of the consideration one way or the other shall be intimated to the petitioners as expeditiously as possible, but not later than three months thereafter. In terms of the above, the writ petitions stand disposed of. Sd/- JUDGE akc/bms