Number of writ petitions filed for mandamus directing registration of allotment disposed without merits after Deputy Commissioner issued an order directing Tahsildar to register sites to beneficiaries.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8th DAY OF APRIL, 2013
BEFORE
THE HON'BLE MR. JUSTICE S.ABDUL NAZEER
WRIT PETITION Nos.4463-4596 OF 2013 (GM-ST/RN)
BETWEEN:
956, DODDAKALLASANDRA BANGALORE SOUTH
BANGALORE-62
2
| 13. | 3 NARASIMHA REDDY S/O SONNAPPA AGE 45 YEARS ARTICLE F & V SIDE COUNTER, RAMAMNJJANEYA LAYOUT MARATHAHALLI RING ROAD, BANGALORE-37 |
|---|---|
| 14. | NAGAPPA B BADIGERE S/O CHIKKAPPA AGE 47 YEARS # 21/1, 1ST FLOOR, JAWAHARLAL ROAD, SHESHADRIPURAM, BANGALORE-20 |
| 15. | AMARNATH M. S/O T. NAGARAJU AGE 39 YEARS # 168, SUMUKHA SHREE 4TH MAIN, KATTRIGUPPE BSK 3RD STAGE, BANGALORE-85 |
| 16. | R. GAYATHRI D/O B. RAMALINGAM NO.1346, SOUTHERN A MAIN, 9TH BLOCK JAYANAGAR, BANGALORE-41 |
| 17. | S.N. BYRAREDDY S/O SONNAPPA AGE 46 YEARS # 113 /A, 2ND SHOP, MUNNE KOLLALU, MATATHALLI, BANGALORE-37 |
| 18. | T.S. RAGHUNANDAN S/O SHELLAPPA AGE: 50 YEARS # 63/83, P.N. NAGAR, BSK 2ND STAGE, BANGALORE-70 |
| 19. | N. JAGADISH S/O NAGARAJ K. AGE 36 YEARS NO.1084/B, 9TH MAIN,HOSKEREHALLI, |
4
BDA ALYOUT, BSK 3RD STAGE, BANGALORE-85 20. L.S. RAJU S/O LATE N.A. RAO AGE 40 YEARS # 873, 20TH MAIN, JAYANAGAR, BANGALORE 21. N. MANJULA D/O NARAYANAPPA AGE 38 YEARS # 3A, ANANTHARAMA REDDY LAYOUT, MARATHALLI RING ROAD, BANGALORE-37 22. B.N. MANJULA D/O NAGESH RAO # 164, 1ST MAIN, SHESHADRIPURAM BANGALORE 23. MOHAMMED AKRAM AFZAL S/O AFZAR ALI AGE 42 YEARS MINAR MASJID QUARTERS 3RD MAIN ROAD, MARENAHALLI, 5TH BLOCK, JAYANAGAR, BANGALORE-41 24. H.V. DIVYA W/O K. SRIKANTH AGE 33 YEARS NO.619, 14TH MAIN, GOKULA 1ST STAGE, 1ST MAIN, MATTIKERE, BANGALORE-54 25. KESHAVA MURTHY P S/O PAPANNA C. AGE 40 YEARS # 1109, 7TH CROSS, ASHOK NAGAR,BSK 1ST STAGE, BANGALORE-50 26. B. GURUPRASAD S/O VENKATAPPA C/O NAGARAJ.S
5
AGE 37 YEARS # 7, DR. RAJ ROAD, RAJAJINAGAR, BANGALORE-10
6
7
AGE 38 YEARS # 691, 5TH MAIN, 5TH CROSS, M.C LAYOUT, VIJAYANAGAR, BANGALORE-40
8
9
10
11
12
13
#48, 2ND CROSS, BORE BANK ROAD N C COLONY,BANGALORE-46
14
AGED 36 YAERS #15, 34TH MAIN ROAD 2ND FLOOR, 1ST PHASE BANGALORE-78
15
| 95. | M R JAGADISH |
|---|---|
| S/O M V RAJANNA AGED 43 YEARS #455/B, 7TH MAIN HANUMANTHA NAGAR BANGALORE-19 |
|
| 96. | M R GAYATHRI D/O LT RAJANNA AGED 35 YEARS |
| #40/B, 7TH AIN HANUMANTHANAGAR BANGALORE-08 |
|
| 97. | GANGUBAI. J.N. |
| W/O LT. GOLAKRISHNA RAO |
|
| AGE 36 YEARS |
|
| #119, 3RD CROSS NAGENDRA BLOCK, BSK 1ST STAGE BANGALORE |
|
| 98. | K.G. MOHAN S/O GANGUBAI AGED 40 YEARS #372, 6TH MAIN, NAGENDRA BLOCK, BSK 3RD STAGE, BANGALORE 50 |
| 99. | BHARATHI RAMESH D/O K. RAMESH AGED 33 YEARS #372, 6TH MAIN, NAGENDRA BLOCK, BSK 3RD STAGE, BANGALORE 50 |
| 100. | MALA VISHWANATH D/O J.H. VISHWANATH AGE 30 YEARS #119, 80 FEET ROAD, SBM COLONY BSK 1ST STAGE, BANGALORE 50 |
| 101. | AKHIL ANAND H MALLATKAR S/O LT. H.N. MALLATKAR |
| AGE 50 YEARS | |
| #34, 3RD CROSS, CIL LAYOUT |
16
| V. NAGENDAHALLI CHOLANAYAKANAHALLI, BANGALORE |
|
|---|---|
| 102. | VIDYA S. JINGADI D/O SADASHIVA RAO AGE 36 YEARS #311/A, 2ND A CROSS AJJAPPA LAYOUT, DINNUR RT NAGAR, BANGALORE 50 |
| 103. | B.N. BHAGYA W/O K. VENKATACHALA AGE 36 YEARS |
| NO.519, 3RD MAIN, 8TH CROSS SHAKAMBARI NAGAR, JP NAGAR I PHASE, BANGALORE 560078 |
|
| 104. | SHUBHA |
| D/O RAJESH RAO AGE 35 YEARS #1141/A, NEHRU ROAD, GIRINAGAR 1ST STAGE BANGALORE 85 |
|
| 105. | K.N. DAYANANDA S/O M. MOTHILAL AGE 40 YEARS #29/4, 10TH MAIN RAHSAVENDRA BLOCK BANGALORE 50 |
| 106. | K.M. SHIVAKUMAR S/O M. MOTHILAL AGE 46 YEARS #29/4, 10TH MAIN RAHSAVENDRA BLOCK BSK 3RD STAGE BANGALORE 50 |
| 107. | ASIA FATHIMA D/O AFZAL SHARIFF AGE 35 YEARS #1288, 4TH CROSS, EWS, BTM 2ND STAGE, BANGALORE 76 |
| 108. | E. SHANKARA NARAYANA S/O INDIRA AGE 48 YEARS |
17
NO.1184, 2ND MAIN, KALIDASA EXTENSION, BANGALORE 560085 109. MALLIKA S.S. D/O LT. H.G. S. IYENGAR AGE 37 YEARS #29, 1ST BLOCK, MOUNT ROAD, JAYANAGAR, BANGALORE - 11 110. M.N. SHANTAMMA W/O M.S. ANANTHA AGE 40 YEARS #5D, 5TH CROSS, VINAYAKA NAGAR, BANGALORE 111. SHANKAR S/O LT. SUBRAMANYA AGE 39 YEARS #1914, SRINIVASA ROAD, K. HALLI, BANGALORE - 70 112. T.Y.S.N. MURTHY S/O LT. SREEKANTA SHASTRY AGE 40 YEARS #234/4, BSK 3RD STAGE, BANGALORE - 85 113. SRIDHARA KUMAR S/O LT. NARAYANA RAO AGE 45 YEARS #21/1, 2ND CROSS, AZAD NAGAR, CHAMARAJPET, BANGALORE - 18 114. N. SRIDHARA S/O LT. NARASIMHAIAH AGE 50 YEARS #28, 7TH MAIN, D T NAGAR BANGALORE 85 115. ANIL S/O CHELUVAIAH AGE 46 YEARS #1184, 2ND MAIN ROAD, HOSKEREHALLI, BANGALORE - 85 116. K. NAGARAJ S/O RANGAPPA NAIDU
18
| AGE 52 YEARS #1184/1, 2ND B CROSS, 1ST FLOOR, KALIDASA SLUM, HOSKEREHALLI, BANGALORE 85 |
|
|---|---|
| 117. | G. DINESH KUMAR S/O GOVINDA SWAMY AGE 40 YEARS #22/3, C GARDEN, 2ND MAIN RAOD, HOSKEREHALLI, BSK 3RD STAGE, BANGALORE 85 |
| 118. | RUKMINI D/O LT. RAVINDRA AGE 38 YEARS #122, LINK ROAD, BASAVANAGUDI BANGALORE 04 |
| 119. | SIDDIK S/O MOHAMMAD K AGE 40 YEARS #101, NISHA APARTMENT, JAYANAGAR, 4TH BLOCK, BANGALORE |
| 120. | MR. YOOSAF S/O RAHMAN AGE 38 YEARS 933, 21ST MAIN ROAD, 1ST FLOOR, J.P. NAGAR, IIND STAGE, BANGALORE 78 |
| 121. | BIBI FATHIMA D/O HYDROSE HAJEF AGE 38 YEARS KANAKAPURA MAIN ROAD, KAGGALIPURA. OPP. INDIAN OIL PETORL PUPM, BANGALORE |
| 122. | SMT HASEENA BEGUM W/O ASHRAF A AGE 40 YEARS |
| #2, 6TH CROSS, 1ST FLOOR, SOMESHWAR NAGAR, JAYANAGAR, BANGALORE |
|
| 123. | A. NAVEEN KUMAR S/O B. ARJUN AGE 38 YEARS |
19
#25, 1ST MAIN ROAD, 4TH CROSS, SUDHAMANAGAR, BANGALORE 27
20
JAYANAGAR 4TH BLOCK BANGALORE 131. ZUBAIDA W/O ABDUL RAZAK AGE 34 YEARS FLAT NO.204, LIC COLONY BYRASANDRA, THILAKNAGAR BANGALORE 132. S.A. SHAMEER S/O AMEER AGE 40 YEARS #347, 2ND CROSS, 2ND MAIN, KAVIKA LAYOUT, DEEPANJALI NAGAR, MYSORE ROAD, BANGALORE 26 133. GAYATHRI V JOSHI D/O VENKATESH JOSHI AGE 30 YEARS #442, 4TH CROSS, BRAHMAPUTRANADI ROAD BHRUNDAVANANAGAR BANGALORE 50 134. PRIYANKA D/O UMADEVI AGE 31 YEARS #351/26, BSK 1ST STAGE, 10TH MAIN, 2ND BLOCK, HANUMANTHANAGAR BANGALORE 50 ... PETITIONERS (By SRI R. SWAMYNATHAN, ADV.)
AND
21
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE R-5 TO INITIATE APPROPRIATE STEPS IN EFFECTING REGISTERING THE ALLOTMENTS MADE IN RESPECT OF EACH OF THE PETITIONERS HEREIN AT THE EARLIEST.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
In these cases, the petitioners have sought for a writ of mandamus directing the 5th respondent to initiate appropriate steps in effecting registration of the allotments made in respect of each of the petitioners.
a memo today, which reads as under:
22
MEMO
The advocate for the petitioners in the above writ petitions, most respectfully submits as follows:
that, after service of notice issued by this Hon'ble Court, the Deputy Commissioner Bangalore South, has under his order bearing No.LND(S) CR 335/2001-02 dated 19.3.2013 directed the Tahsildar to initiate appropriate action in registering the sites to the beneficiaries. The said order is herewith produced for kind perusal of this Hon'ble Court. Hence, the purpose of this writ petition has been met with.
It is hereby prayed that recording the order issued by the Deputy Commissioner, the matter may be disposed off, in the interest of justice and equity.
Sd/JUDGE
KLY/
K. N. DINESH SHETTY AND OTHERS
STATE OF KARNATAKA AND OTHERS
S. ABDUL NAZEER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
