Dismissed

Garlapati Praveen Kumar v. the State of Karnataka

Karnataka HC11 Jun 2021WP/10066/2021

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition filed by allottees seeking removal of government property boards. Relying on the outcome of two previous related writ petitions (WP No. 8002/2021 and WP No. 9774/2021), the Court granted the petitioners similar liberties and directions pending submission of representations.

What did the court decide?

The petition stood disposed of with observations granting entitlement to similar permission and liberties as given to petitioners in WP No. 8002/2021 and WP No. 9774/2021.

Garlapati Praveen Kumar Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO. 10066/2021 (KLR/RES)

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BETWEEN :

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GARLAPATI PRAVEEN KUMAR S/O LATE GARLAPATI GURAVAIAH AGED ABOUT 40 YEARS, AT NO.278, 2^ND STAGE, BOO HBCS LAYOUT, 2^ND BLOCK NARAYANANAGAR DODDAKALLASANDRA BENGALURU - 560 062.

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MR KALLESH KALLUR S/O K L ANANTHAIAH AGED ABOUT 50 YEARS, AT NO.275, 2^ND STAGE, BOO HBCS LAYOUT 2^ND BLOCK DODDAKALLASANDRA BENGALURU - 560 062.

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MRS R. SWETHA D/O LATE GOVERDHAN AGED ABOUT 30 YEARS, AT NO.13 2^ND STAGE, BOO HBCS LAYOUT 2ND BLOCK DODDAKALLASANDRA BENGALURU - 560 062.

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MR B C SWAROOP S/O CHIDAMBARA BHATT

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AGED ABOUT 41 YEARS, AT NO.402, "SARVARTHA" NARAYANAPURA 3^RD BLOCK DODDAKALLASANDRA

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BENGALURU - 560 062.

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SMT MURTHY VENKATARAMANI W/O E. MALLIKARJUNA AGED ABOUT 64 YEARS, AT NO.149, 2^ND STAGE, 2^ND STAGE, BOO HBCS LAYOUT, DODDAKALLASANDRA KANAKAPURA MAIN ROAD, BENGALURU - 560 062.

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SRI P SUBBA RAO S/O SUBBAIAH AGED ABOUT 67 YEARS, AT NO.24, 2^ND STAGE, BOO HBCS LAYOUT DODDAKALLASANDRA KANAKAPURA MAIN ROAD, BENGALURU - 560 062.

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SRI RAMA RAO S/O B KAMESWARA RAO AGED ABOUT 64 YEARS, AT NO.31, 2^ND STAGE, BOO HBCS LAYOUT, 2^ND STAGE DODDAKALLASANDRA KANAKAPURA MAIN ROAD BENGALURU - 560 062.

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SMT. SUJAYALAKSHMI NAGENDRA W/O SRI L. NAGENDRA AGED ABOUT 60 YEARS AT NO.484, 2^ND STAGE, BOO HBCS LAYOUT DODDAKALLASANDRA KANAKAPURA MAIN ROAD, BENGALURU - 560 062.

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MRS INDUMATHI W/O C R NANDAKUMAR AGED ABOUT 61 YEARS AT NO.457/A NARAYANANAGARA 3^RD BLOCK BOO HBCS LAYOUT KANAKAPURA ROAD BENGALURU - 560 062.

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SRI N R SOMASHEKAR S/O LATE N RANGASWAMY AGED ABOUT 65 YEARS AT NO.15, 100FT ROAD NARAYANANAGARA 3^RD BLOCK BOO HBCS LAYOUT KANAKAPURA ROAD BENGALURU - 560 062.

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SRI NUGGU SUBBAIAH S/O PEDDA PULLAIAH AGED ABOUT 54 YEARS AT NO.290, NARAYANANAGARA 3^RD BLOCK BOO HBCS LAYOUT KANAKAPURA ROAD BENGALURU - 560 062. ... PETITIONERS

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(BY SRI. K. R. KRISHNAMURTHY., ADVOCATE)

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AND :

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING DR AMBEDKAR VEEDHI BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA BENGALURU - 560 001.

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK KANDAYA BHAVANA BENGALURU - 560 001.

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THE SPECIAL TAHSILDHAR BENGALURU SOUTH TALUK KANDAYA BHAVANA BENGALURU - 560 001.

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... RESPONDENTS

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(BY SRI.R. SRINIVASA GOWDA, AGA )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TAHSILDAR TO CONSIDER THE REPRESENTATION OF THE PETITIONERS ASSOCIATION AT ANNEXURE-A AND REMOVE THE BOARDS PUT UP BY THEM AT ANNEXUREV1 TO R4, IN THE LAYOUT FORMED BY THE SOCIETY ON THE LANDS BEARING SY.NO.3,5/1A,5,1D & 22 OF DOCCAKALLASANDRA VILLAGE (NOW CALLED AS NARAYANANAGAR 3^RD BLOCK).

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This is the third petition filed by the

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allottees/purchasers from the allottees who have acquired right title and interest to certain sites formed by the Bank Officers and Officials House Building Cooperative Society (for short, ‘the Society’) in the lands in Survey No. 3, Survey No. 5/1A, Survey No. 5/1D and Survey No. 22 of Doddakallasandra Village, Uttarahalli Hobli, Bengaluru-the subject property. The other two Writ petitions are in WP No. 8002/2021 and 9774/2021, and these writ petitions are disposed of by this Court by order dated 08.06.2001. As in the aforesaid petitions, the petitioners in this petition as well have sought for a direction to the respondents to remove the boards put up in the subject property by the Special Tahasildar, Bengaluru South taluk (the fourth respondent) stating that the subject property is a government property and for updating the RTC for the

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subject property in favour of the society. The operative portion of the Order dated 08.06.2021 in writ petitions in WP No. 8002/2021 and 9774/2021 reads as follows:

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“[a] The writ petition stands disposed of reserving liberty to the petitioners to submit a representation with the fourth respondent for removal of the Boards and also to take recourse to such remedy as would be available in law in the event that the RTC for the subject lands are not updated in favour of the Society despite the Communication dated 3.6.2021.

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[b] Any of the petitioners may submit a representation with the fourth respondent, within a week from the date of receipt of a certified copy of this order, for removal of the subject Boards, and the third respondent in implementation of the Memorandum dated 2.6.2021 shall ensure that such Boards are removed within a week from the date of receipt of such representation.”

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The writ petitions in WP No. 8002/2021 and WP No.9774/2021 are disposed of with directions because the learned Additional Government Advocate on securing instructions filed copies of the Memorandum

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dated 02.06.2021 issued by the Tahsildar, Bangalore South Taluk, and the Communication dated 03.06.2021 addressed by the Tahasildar, Bangalore South Taluk to the third respondent for updating the RTC for the subject lands in favour of the Society; and the learned counsel for the petitioners, after perusal of the Memorandum dated 02.06.2021 and the Communication dated 03.06.2021, submitted that the writ petitions could be disposed of with liberties and directions as issued. The learned counsel for the parties submit that the present writ petition could also be disposed of in the light of the Memorandum dated 02.06.2021 and the Communication dated 03.06.2021 observing that these petitioners could also have such liberties.

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In the facts and circumstances of the case, and on perusal of records, this Court is of the

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considered view that the writ petition must be disposed of with the observation that the petitioners, who are similarly placed as the petitioners in WP No. 8002/2021 and W.P. No. 9774/2021, shall be entitled to similar permission and liberties. As such, the petition stands disposed of accordingly.

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SD/JUDGE

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Garlapati Praveen Kumar v. the State of Karnataka

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Garlapati Praveen Kumar v. the State of Karnataka

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