The High Court of Karnataka disposed of a writ petition by the Kumara Pataka Samithi (claimants) seeking an enquiry into their eligibility for site allotment. The court referenced similar prior decisions and applied the principle of treating like cases alike, declining to hear the matter separately.
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 BENGALURU
DATED THIS THE 23RD DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.23699 OF 2021 (GM-RES)
BETWEEN:
1 . SRI PARTHASARATHI, S/O LATE RAMULU, AGED ABOUT 67 YEARS, R/AT # 6-2 5TH CROSS, 4TH MAIN, NEAR MALLESHWARAM, RAILWAY STATION, MARUTHI EXTENSION, SRIRAMPURAM, BENGALURU - 560 021. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
2 . SRI NATARAJ M, S/O MUNISWAMAPPA, AGED ABOUT 62 YEARS, R/AT NO 300, NEAR SHACRED SCHOOL, KEMPEGOWDA LAYOUT, LAGGERE BENGALURU - 560 058. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
3 . SMT JAYANTHI G, W/O S K RAGHU , AGED ABOUT 63 YEARS, R/AT NO.J-105, 1ST MAIN, 8TH A CROSS, J.C. NAGAR, MAHALAKSHMIPURAM LAYOUT BANGALORE - 560 086. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
4 . SMT. RUKUMINI, W/O NARAYANASWAMY, AGED ABOUT 63 YEARS, R/AT 11TH CROSS, 5TH MAIN, CHOWDAPPA LAYOUT, BAPUJI NAGARA, BANGALORE - 560 026.
2
5 . SMT DHANALAKSHMI, W/O DORAIRAJ, AGED ABOUT 65 YEARS, R/AT NO 1/24 VST ROAD, LINGARAJAPURAM, ST THOMAS TOWN, BENGALURU NORTH, BENGALURU - 560 084. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED
6 . SRI GANGARAJU K, S/O LATE DODDAIAH, AGED ABOUT 60 YEARS, R/AT NO.99, 3RD CROSS, 'B' BLOCK, 9TH PHASE, SUBRAMANYA NAGARA, RAJAJINAGARA, SRIRAMPURAM, BENGALURU - 560 021. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
7 . SMT SANJEEVAMMA, W/O. MARAPPA, AGED ABOUT 73 YEARS, R/AT KODIHALLI, KONAGHATTA, BENGALURU RURAL BENGALURU - 561 203. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
8 . SMT. RATHNAMMA, W/O HANUMANTHARAYAPPA, AGED ABOUT 65 YEARS, NO.3584/A, 8TH CROSS, 1ST MAIN ROAD, GAYATHRI NAGARA, SRIRAMPURA, BENGALURU-560 021. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
9 . SMT. JAYAMMA, W/O BHEEMANNA, AGED ABOUT 70 YEARS, R/AT NO.3954, B BLOCK, GAYATHRI NAGARA, SRIRAMPURAM, BENGALURU-560 021. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
3
GAYATHRINAGARA, BENGALURU-560 021.
(BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
11 . SRI MANJUNATHA, S/O HONNURAPPA, AGED ABOUT 58 YEARS, R/AT NO 259 , 2ND MAIN ROAD, PANCHASHEEL NAGARA, MUDALAPALYA, NAGARABHAVI BANGALORE - 560 072. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
13 . SRI T.L. NINGARAJAPPA, S/O NINGAIAH, AGED ABOUT 70 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
NOS.12 AND 13 ARE R/AT SURVEY NOS.38 AND 39, GIDADAKONENAHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU-560 022.
14 . MR. MOHAMMED ARSHAD, S/O AMEER JAN, AGED ABOUT 46 YEARS, RESIDING AT NO.13, 12TH CROSS, CHANDRA LAYOUT, ARUNDATHI NAGARA, BENGALURU - 560 072.
15 . MR. R.P. ABDUL KHADAR, S/O FARUK SAB, AGED ABOUT 55 YEARS, R/AT SURVEY NOS.38 AND 39, GIDADAKONENAHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU - 560 022.
4
R/AT NO.552, ILIYAS NAGAR, BENGALURU SOUTH, BANGALORE - 560 078.
5
23 . SMT. REKHA J.B, W/O SRI. RAVI, AGED ABOUT 61 YEARS R/AT 2ND MAIN ROAD, NEAR BIG BAZAR, KATHARIGUPPE, BENGALURU - 560 085.
26 . SMT. SHUBHA .H W/O LOKESHA .J.B AGED ABOUT 34 YEARS R/AT NO.21, 2ND MAIN, RAGHAVENDRA LAYOUT, HOSKEREHALLI, BENGALURU SOUTH, BENGALURU - 560 085.
28 . SMT. M. JAYAMMA, D/O MUNISWAMY, AGED ABOUT 44 YEARS, R/AT NO.321, 6TH BLOCK, KORAMANGALA, BANGALORE - 560 095.
29 . SRI. SRINIVASALU, S/O VENKATAIAH, , AGED ABOUT 64 YEARS R/AT NO.377/A, SRIRAM TEMPLE STREET, NELLOREPURAM, BANGALORE - 560 075.
6
30 . SRI. RAVICHANRA BABU, S/O VEERANARAYANA AGED ABOUT 69 YEARS R/AT NO.479, NELLOREPURAM NEW THIPPASANDRA, BANGALORE - 560 075. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
31 . SMT. SHARADAMMA, W/O VEERANARAYANA, AGED ABOUT 70 YEARS, R/AT NO.479/A, NEAR RAMA TEMPLE, NEW THIPPASANDRA, BANGALORE 560 075. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
32 . SRI. PULLARAO, S/O K .THIRUPALA, AGED ABOUT 72 YEARS R/AT NO.6, MUTHASANDRA MAIN ROAD, MADHURA NAGARA III STAGE, VARTHUR, BENGALURU-560 087. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
33 . SRI. DEVADASU, S/O CHINNAIAH, AGED ABOUT 65 YEARS, R/AT NO.380, NEW THIPPASANDRA, BANGALORE - 560 075. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
34 . SMT. SUBBAMMA, W/O SINGARAIAHA, AGED ABOUT 64 YEARS, R/AT NO.380/1, NELLURIPURAM, NEW THIPPASANDRA, BANGALORE - 560 075. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
35 . SRI. R. HALAGAPPA, S/O RUDRAPPA AGED ABOUT 70 YEARS R/AT NO.139/A, 10TH CROSS, SHIVANANDA NAGARA, BANGALORE 560 075. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
7
36 . SMT. A. KANTHIMATHI, W/O CHALLATHURAI AGED ABOUT 62 YEARS R/AT NO.139, 10TH CROSS, NEAR RAMA TEMPLE, NEW THIPPASANDRA, BANGALORE - 560 075. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
37 . SMT. ABIDUNNISA, D/O ABDUL KAREEM, AGED ABOUT 60 YEARS R/AT NO.186/2, 8TH CROSS, GANGONDANAHALLI, BANGALORE - 560 039. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
38 . MR. SYED FAROOQ, S/O SYED AHMED, AGED ABOUT 65 YEARS R/AT NO.20/4, 5TH CROSS, GANGONDANAHALLI BANGALORE - 560 039. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
39 . SMT. JABEEN TAJ, D/O ALLA BAKASH, AGED ABOUT 62 YEARS, R/AT NO.5, 12TH CROSS, PILLANNA GARDEN, 1ST PHASE, SAGAYAPURAM, BANGALORE - 560 084. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
40 . SMT. HAMEEDA BEE, D/O SYED ABDUL SATTAR, AGED ABOUT 65 YEARS R/AT NO.B39, 12TH CROSS, 1ST MAIN ROAD, NAYANDAHALLI POST, BANGALORE - 560 039. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
41 . SMT. ASMATHUNNISA, D/O ABDUL HAI AGED ABOUT 64 YEARS R/AT NO.3032, 3RD MAIN ROAD, SIR M.V LAYOUT,
8
21ST BLOCK, DODDABASTHI, BANGALORE - 560 056. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
42 . SMT. SYED UMMAIR, D/O SYED ABDUL GAFFAR, AGED ABOUT 65 YEARS R/AT NO.1, 5TH CROSS, MYSORE ROAD, CHAMARAJAPET, BENGALURU-560 018. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
45 . MR. AZAZ AHMED, S/O KHAJI ABDUL RASHEED, AGED ABOUT 67 YEARS R/AT SSM LAYOUT, 5TH STAGE, J.P NAGAR, BANGALORE. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
46 . MR.KUTHETHUL KHUBRA, S/O SHAIK MOHAMMED BASHEER, AGED ABOUT 62 YEARS R/AT NO.30, 6TH CROSS, PILLANNA GARDEN, 2ND STAGE, BANGALORE - 560 045. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
9
R/AT NO.14, 10TH CROSS, 1ST MAIN ROAD, KUSHAL NAGAR, BANGALORE - 560 045. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
48 . MR.MUNEER AHMED, S/O SYED YOUSUFF SAHEB, AGED ABOUT 65 YEARS R/AT NO.57, 2ND FLOOR, 3RD CROSS, BISMILLA NAGAR, DRC POST, BANGALORE - 560 029. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
49 . MR.SYED USMAN, S/O SYED ABDUL KHUDDUS, AGED ABOUT 62 YEARS R/AT NO.5, 2ND CROSS, PILLANNA GARDEN, 1ST STAGE, BANGALORE - 560 084. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
50 . MRS. JABEEN TAJ, D/O ALLA BAKASH, AGED ABOUT 62 YEARS R/AT NO.202, 7TH CROSS, GANGONDANAHALLI, BANGALORE - 560 039. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
51 . MRS. SHAJIYA SHABANAM, D/O RASOOL BAIG, AGED ABOUT 65 YEARS R/AT NO.30, 6TH CROSS, PADARAYANAPURA, BANGALORE - 560 026. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
52 . MR. MOHAMMED HAYATH, S/O DARIYA SAB, AGED ABOUT 66 YEARS R/AT NO.44/A, 3RD CROSS, RAMDAS LAYOUT, MAGADI ROAD, BANGALORE - 560 023. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
10
R/AT NO.17/9, 11TH CROSS, PADARAYANAPURA BANGALORE - 560 026 (BENEFT OF SENIOR CITIZENSHIP NOT CLAIMED)
54 . MRS. MUBEEN TAJ, D/O ABDUL SHAKOOR, AGED ABOUT 65 YEARS R/AT NO.17/10, 11TH CROSS, PADARAYANAPURA, BANGALORE-560 026. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) 55 . MRS. RAHAMATHUNNSA D/O H. NISSAR AHMED AGED ABOUT 63 YEARS R/AT NEW PETNULPET, KALASIPALYA, BANGALORE - 560 002. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
56 . MRS. ABIDABEE, W/O JABEEDULLA AGED ABOUT 65 YEARS, R/AT NO.11/2, SIDDEGOWDA ROAD, DODDAMAVALLI, BANGALORE - 560 004. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
57 . MR. YOSUFF ALI, W/O JABEEDULLA, AGED ABOUT 65 YEARS R/AT NO.11/2, SIDDEGOWDA ROAD, DODDAMAVALLI, BANGALORE - 560 004.
58 . MRS. SUMA R, W/O LOKESH, AGED ABOUT 52 YEARS, R/AT NO.17, 2ND MAIN ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 095.
59 . MRS. RATHNAVVA, W/O BASAVANNAPPA, AGED ABOUT 67 YEARS, R/AT NO.125, 1ST MAIN ROAD, 8TH CROSS, MANJUNATHA NAGARA,
11
BANGALORE - 560 010. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
60 . MRS. CHANDRAMMA, W/O BASAVANNA, AGED ABOUT 66 YEARS, R/AT NO.378, 1ST MAIN ROAD, 8TH CROSS, MANJUNATHA NAGARA, BENGALURU - 560 010. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
61 . MRS. LALITHA N, W/O LAKSHMIPRASANNA, AGED ABOUT 60 YEARS, R/AT NO.951/1, 5TH CROSS, 1ST MAIN ROAD, VIJAYANANDA NAGARA, NANDINI LAYOUT, BANGALORE -560 096. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
62 . MR. GANGARAJU, S/O GANGAPPA, AGED ABOUT 65 YEARS R/AT NO.173, 1ST MAIN ROAD, 3RD CROSS, 3RD MAIN, MANJUNATHA NAGARA, BANGALORE - 560 010. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
63 . MRS. UMA A.G., W/O NARASIMHA RAJU, AGED ABOUT 67 YEARS, R/AT NO.243, 5TH MAIN ROAD, RPC LAYOUT, VIJAYANAGARA, BANGALORE - 560040. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
64 . MR. N.R. NARASIMHA RAJU, S/O N.K. RAMAKRISHNAIAH, AGED ABOUT 72 YEARS, R/AT NO.390, 3RD CROSS, KVK LAYOUT, DEEPANJALI NAGARA, BANGALORE - 560 026. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
12
AGED ABOUT 60 YEARS, R/AT NO.8, 1ST MAIN ROAD, 7TH CROSS, DEEPANJALI NAGARA, BANGALORE - 560 023. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
66 . MRS. KENGAMMA, W/O KALASHETTI, AGED ABOUT 65 YEARS R/AT NO.100, 4TH CROSS, MEENAKSHINAGARA, KAMAKSHIPALYA, BANGALORE - 560 023. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
67 . MRS. SUSHEELA R, W/O VENKATESH .K, AGED ABOUT 62 YEARS, R/AT C/O NO.74, 2ND D CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 095. (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
68 . MRS. KAMALAMMA, W/O YOGANARASIMHA MURTHY, AGED ABOUT 60 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
13
| 73 . | MRS. NINGAMMA |
|---|---|
| W/O. RAMEGOWDA, AGED ABOUT 70 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
|
| 74 . | MRS. MANJULA D/O. BELLAPPA, AGED ABOUT 62 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 75 . | MR. SHIVANNA, S/O. HUCHUMAYEGOWDA, AGED ABOUT 70 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 76 . | MR. JAVAREGOWDA, S/O. CHANNAIAH, AGED ABOUT 72 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 77 . | MRS. HUCHAMMA, W/O. CHANNAPPA, AGED ABOUT 68 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 78 . | MR. KRISHNAPPA, S/O. MAYANNA, AGED ABOUT 62 YEARS, |
| 79 . | MR. BOREGOWDA, S/O. KEMPEGOWDA, AGED ABOUT 67 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 80 . | MR. SUBRAMANI, S/O GEDDAPPA AGED ABOUT 64 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 81 . | MR. SURESH BABU, S/O DODDAMARIYAPPA AGED ABOUT 65 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 82 . | MRS. SUMITHRAMMA, W/O THIMMESH, AGED ABOUT 67 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
14
15
AGED ABOUT 60 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED)
| 94. | MR. SOMASHEKAR, S/O RANGASWAMY, AGED ABOUT 65 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
|---|---|
| 95. | MR. RAJAMUDI, |
| S/O CHALUVEGOWDA, AGED ABOUT 60 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
|
| 96. | MR. RAMESH RAJ, S/O MOHAN SINGH, AGED ABOUT 70 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 97. | MR. G. UMAPATHI, S/O GOVINDAPILLAI, AGED ABOUT 62 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 98. | MR. G. SRINIVAS, S/O GANGADHAR, AGED ABOUT 65 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 99. | MR. N.RAGHU, S/O SHAMBAIAH, AGED ABOUT 60 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 100. | MR. G.GANGARAJU, S/O GURUVEBHOVI, AGED ABOUT 70 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
| 101. | MRS. L.VARALAKSHMI, W/O N.D.LAKHMINARYANA, AGED ABOUT 65 YEARS, |
| (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) |
16
17
…PETITIONERS
(BY SRI. NARYANA SWAMY V.K., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SHRIDHAR HEGDE, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS CONCERNED HEREIN, ASMADE IN WRIT APPEAL NO.997/2008 C/W W.A.NO.1022/2008 (LA-BDA) AND W.A.NO.1023/2008 (LA-BDA) DTD 26.03.2021, TO HEAR THEM IN THE PROPOSED ENQUIRY BY THE COMMISSIONER, BENGALURU DISTRICT TO CONDUCT AN ENQUIRY ABOUT THE ELIGIBILITY OF THE PETITIONERS FOR THE ALLOTMENT OF SITES AS PER HAKKUPATHRAS VIDE ANNX-A, A1 TO A111 BY AFFORDING THEM AN OPPORTUNITY OF FILING OF OBJECTIONS AND HEARING THEM, AS WELL AS RECORDING THEIR EVIDENCE ALONG WITH THE APPALLANTS IN THE ABOVE APPEALS, TO ENABLE THE PETITIONERS TO SUBMIT THEIR CASE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
18
ORDER
The subject matter of this writ petition is substantially similar to the one in W.A.No.997/2008 (LA-BDA) & connect matters between Smt. Madamma & others vs The State of Karnataka & Others, disposed off by a Division Bench of this Court on 26.03.2021; petitioners have produced a copy of the said Judgment at Annexure-B.
933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY
disposed off on 11.12.1974, has held that like cases should
be treated alike and if relief is granted to a litigant, similar
19
relief cannot be denied to other similarly circumstanced litigants, subject to all just exceptions. No case is made out to fit the petition into any exception.
In the above circumstances, this writ petition too is disposed off in terms of decision in cognate W.P.No.19787/2021.
All contentions are kept open.
No costs.
Sd/JUDGE
DS
2 issues framed by the court
Whether the writ petition seeks similar relief to a previously disposed order requiring an enquiry into site allotment eligibility.
Whether the principle of treating like cases alike applies here to grant the proposed relief.
Colour shows how this judgement treated each authority
W.A.No.997/2008Referred¶138
W.A.No.1022/2008Referred¶138
W.A.No.1023/2008Referred¶138
Smt. Madamma & others vs The State of KarnatakaApplied¶142
Smt. Madamma & others vs The State of Karnataka
Sri. H.M.Jayakumar & others vs The State of KarnatakaFollowed¶143
W.P.No.19787/2021
A.V.Vinoda & Another Vs. State of KarnatakaApplied¶145
A.V.Vinoda & Another Vs. State of Karnataka
Sri Partasarathi & others
The State of Karnataka
Krishna S.Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
