Disposed

Sri Umachandra v. Station House Officer/Inspector

Karnataka HC19 Jun 2024WP/21499/2017

Case brief

AI extract

What is this about?

Hakku Patra (Ashraya Scheme) allottees sought police protection to construct on their plots after obstruction by adjoining layout residents. Police protection was extended in September 2017 and houses were built. The court disposed of the writ petition directing BBMP to consider the petitioners' representation for basic amenities.

What did the court decide?

Respondent Nos.3 and 4 directed to consider representation dated 25.04.2017 (Annexures-X and Y) and pass appropriate order in accordance with law, if not already considered.

Sri Umachandra Vs Station House Officer/Inspector — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 21499 OF 2017 (GM-POLICE)

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BETWEEN:

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SRI. UMACHANDRA, S/O LATE AMAREGOWDA, AGED ABOUT 39 YEARS, NO.1399, 11^TH CROSS, BEML LAYOUT, 3^RD STAGE, RAJRAJESHWARINAGAR, BANGALORE – 560 098.

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SRI.MUTTURAJ, S/O LATE THIMMEGOWDA, AGED ABOUT 37 YEARS, NO.45, 18^TH CROSS, RING ROAD, KS TOWN, NEAR CHURCH, KENGERI, BANGALORE – 560 060.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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SMT. PREMA BS, W/O SIDDAPPA, AGED ABOUT 58 YEARS, NO.71, C/O HONNEGOWDA, 9^TH CROSS, BHEL LAYOUT, PATTANAGERE, RAJARAJESHWARINAGAR, BANGALORE – 560 098.

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SMT. MALASREE, W/O T.G.GANGADHARAIAH, AGED ABOUT 31 YEARS, NO.9, VENKATAPPA LAYOUT, 1^ST CROSS, 11^TH MAIN, IDEAL HOMES, RAJARAJESHWARINAGAR, BANGALORE – 560 098.

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2 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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SRI. JEEVAN SHETTI, S/O N.M.SHETTI, AGED ABOUT 73 YEARS, NO.22/2, PARVATHI, KEREKODI ROAD, DISOZA NAGAR, BSK 3^RD STAGE, BANGALORE – 560 085.

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SMT. LAKSHMI, W/O LAKSHMAIAH, AGED ABOUT 49 YEARS, NO.15/1, 1^ST FLOOR, GK MALLAIAH BUILDING, RAJEEV GANDHI ROAD, JARAGANAHALLI, BANGALORE – 560 078.

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SMT.S.MANJULA, W/O JAVAREGWODA, AGED ABOUT 42 YEARS, NO.42, 20^TH MAIN, 2^ND CROSS, GIRINAGAR T BLOCK, BANGALORE – 560 079.

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SMT. VIDYA SB, W/O N.S.SHESHADRI, AGED ABOUT 29 YEARS, NO.18, 1^ST FLOOR, 3^RD MAIN, RAJARAJESHWARINAGAR MAIN ROAD, NAGARABHAVI, BANGALORE – 560 072.

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SMT. MAMATHA V, W/O K.KEMPEGOWDA, AGED ABOUT 33 YEARS, NO.657, 4^TH MAIN, SRINAGAR, BANGALORE – 560 050.

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SRI.S.R.SHAMBULINGEGOWDA, S/O LATE RAMEGOWDA, AGED ABOUT 45 YEARS, NO.367/23, OUT HOUSE,

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3 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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9^TH MAIN, HANUMANTHANAGAR, BANGALORE – 560 050.

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SRI.N.SHRINIVAS, S/O NAGARASAPPA, AGED ABOUT 57 YEARS, NO.15, OB CHOODAHALLI, UDHAYAPUR POST, UTTARAHALLI HOBLI, BANGALORE – 560 082.

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SRI. HONNE GOWDA, S/O RAMEGOWDA, AGED ABOUT 38 YEARS, NO.41, 12^TH CROSS, 2^ND MAIN ROAD, KALAPPA BLOCK, SRINAGAR, BANGALORE – 560 085.

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SRI.KRN VENKAT, S/O KR NATARAJAN, AGED ABOUT 49 YEARS, NO.333, 1^ST CROSS, 2^ND STAGE, IDEAL HOMES, RAJARAJESHWARINAGAR, BANGALORE – 560 071.

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SRI.K.P ANILKUMAR, S/O PANDURANGA SHETTI, AGED ABOUT 56 YEARS, NO.1623, 5^TH B CROSS, 17^TH MAIN, BSK 1^ST STAGE, BANGALORE – 560 050.

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SMT. PADMAVATHI, W/O KANTHARAJU, AGED ABOUT 45 YEARS, NO.9/12, 8^TH MAIN, KALAPPA BLOCK, SRINAGAR, BANGALORE – 560 085.

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SRI. BOLEGOWDA, S/O SHIVAMADAIAH,

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4 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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AGED ABOUT 39 YEARS, NO.39, GROUND FLOOR, SPOORTHINAGAR, YALACHENAHALLI, BANGALORE – 560 078.

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MS. VEDHAVATHI, D/O LATE MANJUNATHA, AGED ABOUT 35 YEARS, NO.67/A, 2^ND CROSS, 5^TH MAIN, PRAMODH LAYOUT, RAJARAJESHWARI NAGARA, BANGALORE – 560 039.

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SRI. CHOWDEGOWDA, S/O JAVAREGOWDA, AGED ABOUT 45 YEARS, NO.4/14, 1^ST CROSS, BEHIND KEB QUARTERS, SUBRAMANYAPURA, BANGALORE.

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SMT. MARIYAMMA, W/O LATE MAHADEVAPPA, AGED ABOUT 68 YEARS, R/A C/O DHANAKUMAR, NO.455/A, 8^TH MAIN, VIJAYANAGAR, BANGALORE – 560 040.

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SRI.S.S.RAJAPUROHITH, S/O NARAYANA S, AGED ABOUT 57 YEARS, NO.56/1, 3^RD FLOOR, 1^ST MAIN ROAD, NEAR AYYAPPA TEMPLE, SUDHAMANAGAR, BANGALORE – 560 027.

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SMT. GOWRAMMA, W/O RAJEGOWDA, AGED ABOUT 49 YEARS, NO.51/2, JAVARE GOWDANA DODDI, HOSAKEREHALLI, BANGALORE – 560 070.

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5 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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SMT. SHRIDEVI, W/O CHANDRA SHEKAR, AGED ABOUT 34 YEARS, NO.40/1, KENCHENAHALLI, RAJARAJESHWARI NAGAR, BANGALORE - 560 098.

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SMT. RUDRAMMA, W/O LATE CHIKKALINGAIAH, AGED ABOUT 75 YEARS, NO.33, P.G.DISOZA NAGAR, HOSAKEREHALLI, BSK 3^RD STAGE, BANGALORE – 560 085.

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SRI. GANESH HEGDE, S/O JAYRAM HEGDE, AGED ABOUT 44 YEARS, NO.48, 4^TH MAIN, SAMPIGE LAYOUT, PATTEGARPALYA, BANGALORE – 560 079.

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SMT. JAYAMMA, W/O LATE NILAPPA, AGED ABOUT 63 YEARS, R/A C/O HANUMANTHAPPA MARUTHINILAYA D, NO.F6, SAI COMFORTS, NEAR UMAMAHESHWARI TEMPLE, DODDAKALLASANDRA, BANGALORE – 560 062.

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SMT. JAYASHREE N TIKARE, W/O NETAJI R TIKARE, AGED ABOUT 72 YEARS, NO.611, 22^ND CROSS, MADHAVI NIRAJ PARK ROAD, SHESHADRIPURAM, BANGALORE – 560 020.

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SMT. DB ANNAPURNA, W/O KN GANGADARASWAMY, AGED ABOUT 59 YEARS,

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6 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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NO.110, 3^RD STAGE, 3^RD BLOCK, 3^RD MAIN, NEAR VODAFONE STORE, BASAVESHSWARANAGAR, BANGALORE – 560 079.

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SMT. SIDDAMMA, W/O KRISHNAPPA, AGED ABOUT 42 YEARS, NO.10, KEREKODI ROAD, DISOZA NAGAR, HOSAKEREHALLI, BANGALORE – 560 085.

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SMT. SHILPA C.P., D/O PARVATAPPA, AGED ABOUT 35 YEARS, NO.110, 1^ST FLOOR, 9^TH A CROSS,RAMAKRISHNA NAGARA, NAGARBHAVI 2^ND STAGE, BANGALORE – 560 091.

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SMT. SOWMYA R, W/O RAMESH, AGED ABOUT 35 YEARS, NO.17/2, 13^TH A CROSS, THADIYAPPA GARDEN, MTS LAYOT, K.S.TOWN, BANGALORE – 560 060.

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MS K SULOCHANA, D/O KARIYAPPA, AGED MAJOR, NO.1489, BHAVANI BUILDING, 6^TH MAIN, 3^RD CROSS, KS TOWN, KENGERI, BANGALORE – 560 060.

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SMT. JAYASHREE B SHAH, W/O LATE BHUPATHIRAY, AGED ABOUT 73 YEARS, NO.1063, 9^TH MAIN, 3^RD CROSS, SRINIVAS NAGAR, BSK 1^ST STAGE, BANGALORE - 560 070.

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…PETITIONERS

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(BY SRI. SUBRAMANYA R., ADVOCATE)

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7 - NC: 2024:KHC:23408 WP No. 21499 of 2017

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AND:

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STATION HOUSE OFFICER/INSPECTOR, BYATARAYANAPURA POLICE STATION, BANASHANKARI STAGE I, BENGALURU – 560 026. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

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THE ASSISTANT COMMISSIONER OF POLICE, BYATARAYANAPURA POLICE STATION, BANASHANKARI STAGE I, BENGALURU – 560 026. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

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BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU – 560 002. REPRESENTED BY ITS COMMISSIONER.

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JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESHWARINAGAR ZONE, NEAR KEB OFFICE, 18^TH MAIN, RAJARAJESHWARINAGAR, BENGALURU – 560 098.

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DEPUTY COMMISSIONER, BENGALURU URABAN DISTRICT, KANDAYA BHAVAN, BENGALURU – 560 009.

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…RESPONDENTS

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(BY SRI.MANJUNATH K., HCGP FOR R1, R2 AND R5; SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R3; R4 - SERVED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO PROVIDE POLICE PROTECTION TO THE CONSTRUCTION OF RESIDENTIAL BUILDING/COMPOUND WALL/FENCING UNDERTAKEN BY THE PETITIONERS IN THEIR RESPECTIVE SITES

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NC: 2024:KHC:23408 WP No. 21499 of 2017

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MENTIONED IN THE SCHEDULE BY CONSIDERING THE REPRESENTATIONS MADE BY THE PETITIONERS ON 07.08.2015 AND 27.04.2017 VIDE ANNX-Q AND W AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners were allotted residential property under the Hakku Patra (Ashraya Scheme). The BBMP executed the registered/absolute sale deed in their favor. However, the petitioners were initially restrained from commencing construction on their respective plots by residents of the adjoining layout. This prompted them to file a petition seeking a directive to extend police protection for the construction of their residential building, compound wall, fencing, etc.

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The learned HCGP for the respondent-State, based on instructions, submits that police protection was indeed extended to the petitioners on 28th September 2017. Subsequently, the petitioners have successfully constructed their residential house. It was also conveyed to them that they need to obtain permission from the BBMP for the construction of the compound wall.

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Furthermore, the petitioners have requested a directive to respondent Nos. 3 and 4 to consider their representation dated 25th April 2017 for the provision of basic amenities to their residential site or building. Accordingly, I pass the following:

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NC: 2024:KHC:23408 WP No. 21499 of 2017

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ORDER

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i. Writ petition is disposed of.

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ii. The respondent Nos.3 and 4 are directed to consider the representation dated 25.04.2017 submitted by the petitioner at Annexures-X and Y and pass appropriate order in accordance with law, if not already considered.

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Sd/JUDGE

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RKA

Sri Umachandra v. Station House Officer/Inspector

Case brief

What is this about?

What did the court decide?

Sri Umachandra v. Station House Officer/Inspector

Case brief

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