| SooperKanoon Citation | sooperkanoon.com/1233336 |
| Court | Karnataka High Court |
| Decided On | Mar-16-2021 |
| Case Number | WA 2176/2013 |
| Judge | ALOK ARADHE AND R. NATARAJ |
| Appellant | Krishnappa |
| Respondent | M/s Remco (bhel) |
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE16H DAY OF MARCH2021PRESENT THE HON'BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY WRIT APPEAL NO.2176 OF2013(LB-BMP) C/W WRIT APPEAL NO.1960 OF2013(LB-BMP) WRIT APPEAL NO.2174 OF2013(LB-BMP) IN W.A.NO.2176/2013: BETWEEN:
1. KRISHNAPPA S/O LATE PENTAGAPPA, AGED ABOUT54YEARS, PATTANAGERE VILLAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
2. C. NIRAJAN MURTHY S/O LATE CHANDRANNA, AGED ABOUT48YEARS, PATTANAGERE VILLAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
3. MIRLE VARADARAJ AGED ABOUT52YEARS, NO.544, 5TH MAIN, KENGERI SATELLITE TOWN, BANGALORE-560060.
4. N.R. NAGARAJ S/O LATE RAME GOWDA, AGED ABOUT42YEARS, 2 HANUMANTHA NAGAR, NELAMANE POST, SRIRANGAPATTANA, MANDYA DISTRICT.
5. R. MANJUNATH AGED ABOUT34YEARS, NO.1174, PADUVANA ROAD, I CROSS ROAD, IV STAGE, T.K. LAYOUT, KUVEMPU NAGAR, MYSORE-570022.
6. GIRIJA V. RAJ D/O LATE RAME GOWDA, AGED ABOUT46YEARS, HANUMANTHA NAGAR, NELAMANE POST, SRIRANGAPATTANA, MANDYA DISTRICT.
7. ANJANAPPA S/O LATE GALAPPA, AGED ABOUT47YEARS, PATTANAGERE VILLAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
8. V. NAGARAJ AGED ABOUT48YEARS, NO.4, VADARAPALYA, KENGERI POST, BANGALORE-560060.
9. NOORURLLA SHARIEF ALIAS MASTAN SHARIEFF, 19/D, J.P.NAGAR, UMARBAGH LAYOUT, BANGALORE-560078. ...APPELLANTS (BY SRI. ASHOK HARNAHALLI, SR. COUNSEL FOR SRI. J.C. KUMAR, ADV.,) 3 AND:
1. M/S REMCO (BHEL) HOUSE BUILDING CO-OPERATIVE SOCIETIES LTD., NO.364, 5TH MAIN, VIJAYANAGAR II STAGE, BANGALORE-560040 REP. BY ITS PRESIDENT, SRI. SHANKAR G. BELLERY.
2. RAJU N. MORE S/O NARAYAN MORE, AGED ABOUT50YEARS, NO.506, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
3. K. BALACHANDRAN S/O KUNJUNNI NAIR, AGED ABOUT53YEARS, NO.29, BHEL II STAGE, PATTANGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
4. NARAGINGA RAO S/O KESHAVA RAO, AGED ABOUT56YEARS, NO.433/3, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
5. ANWER ALI KHAN S/O KHADHAR, AGED ABOUT54YEARS, NO.529, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098. 4
6. ASHOK MALLAPPA MODI S/O MALLAPPA, AGED ABOUT59YEARS, NO.433/4, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
7. T. MANOHAR S/O LATE T.S. PUTTASWAMY, AGED ABOUT52YEARS, NO.456, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
8. MAHARUDRA KAMMAR S/O DEVENDRAPPA, AGED ABOUT53YEARS, NO.502, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
9. G. SUDHA W/O SRI. S. GURURAJ RAO, AGED ABOUT50YEARS, No.204, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098. 10 . R. KALAVATHY KUMAR W/O SRI K.A. KUMAR, AGED ABOUT54YEARS, NO.258, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
11. K.A. KUMAR S/O M.K. ARMUGHAM, AGED ABOUT58YEARS, 5 NO.259, BHEL II STAGE, PATTANAGERE SOUTH, RAJARAJESHWARI NAGAR, BANGALORE-560098.
12. KUBHEER J S/O JAGANNATHA RAO, AGED ABOUT53YEARS, R/AT479 BHEL II LAYOUT, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
13. MANOHAR B. KULKARNI S/O BINDU RAO, AGED ABOUT51YEARS, R/AT504 BHEL II LAYOUT, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
14. KARUNAGARAN S/O NARASIMHAN, AGED ABOUT51YEARS, R/AT411 BHEL LAYOUT, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
15. MANJUNATHA KAMATH S/O NARAYANA KAMATH, AGED ABOUT58YEARS, R/AT349 BHEL LAYOUT, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
16. DILIP KUMARI JADHAV, S/O APPASAHEB, AGED ABOUT54YEARS, R/AT549 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 6 BANGALORE-560098. 17 . DODDAMANI AGED ABOUT55YEARS, S/O KASHAPPA, R/AT619BHEL LAYOUT, PATTANAGERE RAJARAJESHWARI NAGAR, BANGALORE560098 18. ANTHONY DAS S/O CHINAPPA Y AGED ABOUT53YEARS, R/AT643 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
19. MAHADEVAPPA V. TOTAD S/O VEERANA GOWDA AGED ABOUT53YEARS, R/AT600 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
20. VIJAYABASKAR K.R., S/O RAMU K AGED ABOUT53YEARS, R/AT518 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
21. PRAKESH DESAI S/O DESAI K.B. AGED ABOUT52YEARS, R/AT213 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
22. NEELAKANTAPPA S/O BASALINGAPPA7AGED ABOUT55YEARS, R/AT4335, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
23. NAGARAJA R S/O RAMALINGACHAR AGED ABOUT53YEARS, R/AT247 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
24. DINNI N.L S/O LAXMAN AGED ABOUT53YEARS, R/AT92 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
25. MUKTAR SHARIEF S/O SHARIEF M.D AGED ABOUT55YEARS, R/AT543 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
26. JAGADEESH K S/O KRISHNAMURTHY S AGED ABOUT51YEARS, R/AT547 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
27. BASAVARAJ C. PYATI S/O CHANNAPPA AGED ABOUT52YEARS, R/AT244 BHEL II STAGE, PATTANAGERE, 8 RAJARAJESHWARI NAGAR, BANGALORE-560098.
28. BALASUBRAMANYA S/O RAMASWAMY AGED ABOUT49YEARS, R/AT9, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
29. NAVEETHAM T W/O THALASINGAM K AGED ABOUT52YEARS, R/AT488 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
30. MANJUNATH K.G S/O GURUMURTHY K AGED ABOUT51YEARS, R/AT448 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
31. RAJANNA K.Y. S/O KRISHNAPPA AGED ABOUT57YEARS, R/AT505 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
32. SANKARA SUBBU M S/O MAYAK KOOTHAN S AGED ABOUT53YEARS, R/AT174 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 9
33. RAMANATHAN B.V. S/O VASATH S.N. AGED ABOUT69YEARS, R/AT72 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
34. JAYARAMAIAH M S/O MALARAYAPPA J.S AGED ABOUT53YEARS, R/AT498 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
35. SUDHAKARA SHETTY S/O KORAGA SHETTY, AGED ABOUT54YEARS, R/AT326 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
36. SOMAIAH C.M S/O MADAIAH C.S AGED ABOUT56YEARS, R/AT500 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
37. VASANTHA K S/O RADAKRISHNA K AGED ABOUT48YEARS, R/AT21 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
38. BASKER RAO. S S/O SATHYANARAYANA RAO A AGED ABOUT51YEARS, 10 R/AT485 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
39. RANGARAO B.M. S/O MANJUNATH D.S AGED ABOUT59YEARS, R/AT4333, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
40. MANJULADEVI G S/O GANGADHAR RAO D.N AGED ABOUT50YEARS, R/AT45 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
41. SUNDER RAJU S S/O SUBRAMANI AGED ABOUT56YEARS, R/AT534 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
42. RANGASWAMY A.R. S/O RANGUDHAIAH, AGED ABOUT53YEARS, R/AT336BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
43. SREENIVAS MURTHY S/O RAMACHANDRAIAH AGED ABOUT59YEARS, R/AT274 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 11 BANGALORE-560098.
44. MUNIRAJ V S/O VENKATARAYAPPA AGED ABOUT58YEARS, R/AT484 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
45. MEENAKSHI S S/O SHARANAPPA K.S. AGED ABOUT44YEARS, R/AT515 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
46. SYAM RESORIYA S/O LOUS MARTIN AGED ABOUT52YEARS, R/AT67 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
47. NARENDRA KUMAR S/O SRINIVASMURTHY H.R. AGED ABOUT51YEARS, R/AT489 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
48. SREESHA B.N. S/O NARAYANA BN. AGED ABOUT49YEARS, R/AT138 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 12
49. RAGHU K S/O KALIDASAPPA AGED ABOUT57YEARS, R/AT621 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
50. LAXMAN BADIGER S/O VEERAPPA AGED ABOUT53YEARS, R/AT571 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
51. SHANKAR G BELERI S/O GURAPPA AGED ABOUT55YEARS, R/AT353 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
52. BHARATH KUMAR K S/O KODANDA RAMA AGED ABOUT45YEARS R/AT615 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
53. MUTTAGI S.A. S/O AVVANAPPA, AGED ABOUT60YEARS R/AT25 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
54. LAKSHMIPATHI S/O VENKATESAN, AGED ABOUT67YEARS13R/AT24 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
55. ANJANEYA S/O NAGAPPA, AGED ABOUT70YEARS R/AT14 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
56. RATHNAMMA B W/O MURTHY M.S. AGED ABOUT69YEARS R/AT4 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
57. NAGARAJA DIKSHIT S S/O SHAMANNA DIXITH AGED ABOUT60YEARS R/AT IB, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
58. JAYANTHI R W/O RANGANATHAN AGED ABOUT36YEARS R/AT75 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
59. SHANKARI M. KAMATH S/O MANJUTH KAMATH AGED ABOUT57YEARS R/AT39 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 14 BANGALORE-560098.
60. ASHOKA D S/O DASAPPA, AGED ABOUT64YEARS R/AT65 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
61. CHETTY K.C. S/O CHANDRASHEKAR CHETTY, R/AT483 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
62. THERESA MARTIN A W/O MARTIN, AGED ABOUT62YEARS, R/AT4336, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
63. SURESH G.J.
S/O GOPAL PILLAI AGED ABOUT63YEARS, R/AT495 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
64. NARAYANA M S/O MARIYAPPA, AGED ABOUT57YEARS, R/AT468 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
65. SUDHINDRA .A., S/O APPAJAPPA, 15 AGED ABOUT55YEARS, R/AT554 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
66. MANJUNATHA V.S. S/O SHASTRY V.S.S, AGED ABOUT57YEARS, R/AT618 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
67. VIJAYAPRAKASH B S/O BASAVARAJAPPA, AGED ABOUT55YEARS, R/AT624 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
68. PATIL T.Y. S/O PATIL Y.K. AGED ABOUT46YEARS, R/AT628 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
69. NATARAJ H.L. S/O SHASTRY H.L.N., AGED ABOUT53YEARS, R/AT558 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
70. BASAVARU A S/O ANDANAPPA, AGED ABOUT62YEARS, R/AT43316,BHEL II STAGE, PATTANAGERE, 16 RAJARAJESHWARI NAGAR, BANGALORE-560098.
71. SHIVA SHANKAR V S/O VEERASETTAPPA, AGED ABOUT68YEARS, R/AT43313, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
72. NARASHIMIAH S/O NARASIMIAH, AGED ABOUT61YEARS, R/AT603 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
73. VIRGINEA ROBERTS W/O JAYATHEERTHA R.A. AGED ABOUT61YEARS, R/AT627 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
74. RADHA K.N. W/O NANJAPPA K.A. AGED ABOUT62YEARS, R/AT519 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
75. NAGARAJU V S/O VENKATARAM S AGED ABOUT47YEARS, R/AT522 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 17
76. SATHYA MURTHY H B S/O BINDHU MADAV SASTRY, AGED ABOUT65YEARS, R/AT591 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
77. SHANKAR H.R. S/O RAMASWAMY H.R. AGED ABOUT62YEARS, R/AT508 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
78. TIMMAIAH B S/O BYRATHIMAIAH, AGED ABOUT61YEARS, R/AT573 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
79. HUCHAIAH S/O NANJE GOWDA, AGED ABOUT60YEARS, R/AT43315, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
80. SUMA B.T. D/O THAMMAIAH B.R. AGED ABOUT48YEARS, R/AT252 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
81. SREENIVASA M S/O MUNIYAPPA, AGED ABOUT50YEARS, 18 R/AT77 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
82. PANKAJAM O W/O ACHUTHAN NAIR AGED ABOUT58YEARS, R/AT93 II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
83. RAVINDRA L S/O LINGARADHYA, AGED ABOUT49YEARS, R/AT510 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
84. PRABHAKARA M.V. S/O RAO M.V.V.S., AGED ABOUT51YEARS, R/AT6 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
85. LAKCHMAN A S/O AMBIRATHNAM T.V. AGED ABOUT59YEARS R/AT524 BHEL LAYOUT, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE- 560 098 86. NAGALAKSHMI W/O VENKATARAMAPPA, AGED ABOUT59YEARS R/AT270 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 19 BANGALORE-560098.
87. JAYARAM N S/O NAGARAJ SETTY, AGED ABOUT51YEARS R/AT306 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
88. MAHALINGAPPA N S/O NANJAIAH, AGED ABOUT58YEARS R/AT501 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
89. BHAGYALAKSHMI K W/O GOPALAN T AGED ABOUT49YEARS R/AT551 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
90. SRIRAM T.V. S/O VAMANAN T.R. AGED ABOUT48YEARS R/AT612 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
91. SURESH N S/O NARAYANAN A AGED ABOUT46YEARS R/AT352 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 20
92. RAJESHWARI K.N. W/O BHATTA K.G.N AGED ABOUT56YEARS R/AT533 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
93. RAGHURAM G.S. S/O KRSHNAN G.D.S. AGED ABOUT51YEARS R/AT562 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
94. BALAKRISHNAN A S/O ANAMALAI M AGED ABOUT49YEARS R/AT475 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
95. PREMAKUMARI G.S. W/O ARUNACHALAMURHTY AGED ABOUT59YEARS R/AT85 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
96. RAMESH BABU C.S. S/O SIDDALINGA RAO AGED ABOUT56YEARS, R/AT310 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
97. JAGANATHA RAO S/O NARAYANA RAO N.S. AGED ABOUT56YEARS21R/AT419 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
98. GAUTHAM SARKAR S/O KALACHAND SARKAR AGED ABOUT54YEARS R/AT340 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
99. GANAPATHY K.R. S/O RAMAN K.R. AGED ABOUT58YEARS R/AT635 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
100. DWARAKANATH S/O KRISHNA IYER AGED ABOUT54YEARS R/AT60 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
101. GOPALAKRISHNA K S/O KAPINIPATHAIAH AGED ABOUT57YEARS R/AT563 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
102. VENKATESHALU K S/O KRISHNAN S AGED ABOUT50YEARS R/AT37 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 22 BANGALORE-560098.
103. KAMALA DEVI M.A. D/O ASHWATHNARAYANA SETTY AGED ABOUT52YEARS R/AT4337, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
104. HARISHKUMAR S/O RAJANNA P.N. AGED ABOUT52YEARS R/AT136 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
105. KHALEEL KHAN S/O MOOSA KHAN AGED ABOUT50YEARS R/AT98 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
106. NAGARAJA A S/O VENKATARANAGAPPA AGED ABOUT56YEARS, R/AT597 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
107. GIRISH T.J.
S/O JAGADEESHA MURTHY T.S. AGED ABOUT44YEARS, R/AT523 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR,, BANGALORE-560098. 23
108. MAHESH S/O VISHWANATH M.N. AGED ABOUT42YEARS R/AT583 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
109. KESHAV S/O CHINNAIAH AGED ABOUT60YEARS R/AT599 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
110. SAMPATH KUMAR S/O SUBAIAH SHETTY AGED ABOUT49YEARS R/AT577 BHEL LAYOUT PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
111. SANTHOSH S/O BALACHANDAR Y.N. AGED ABOUT39YEARS, R/AT622 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
112. DODDAIAH N S/O NAGAPPA, AGED ABOUT55YEARS R/AT426 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
113. MOHAN RAJ M S/O MUNISWAMY AGED ABOUT53YEARS24R/AT8 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
114. CHANDRAMMA W/O GANESH KULLAN, AGED ABOUT55YEARS R/AT237 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
115. SATEESH B.S. S/O SUBRAYA BHAT K AGED ABOUT45YEARS R/AT580 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
116. ARUN MUSHIGRI S/O RAMACHANDRAIAH AGED ABOUT52YEARS R/AT212 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
117. JAYARAMA R S/O RAMU K AGED ABOUT55YEARS, R/AT570 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
118. RAGHUNATH H.N. S/O NARASIMHA MURTHY BHAT AGED ABOUT52YEARS R/AT741, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 25 BANGALORE-560098.
119. SHIVAKUMAR H.C. S/O CHENAPPA H.V. AGED ABOUT56YEARS R/AT491 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
120. BAGALI Y.P. S/O DASTAGEER PATEL, AGED ABOUT51YEARS, R/AT241 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
121. SATYAVATHI T.R. W/O RAMAMURTHY T.G. AGED ABOUT47YEARS R/AT621, BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
122. BHEEMAPPA DASHYAL S/O PARAPPA AGED ABOUT50YEARS, R/AT511 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
123. NANJAPPA S/O MUNISWAMAPPA AGED ABOUT60YEARS R/AT631 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 26
124. JAGADISH G S/O GIRIYAPPA AGED ABOUT48YEARS R/AT587 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
125. SHAKUNTHALA W/O SEETHARAMA IYER AGED ABOUT54YEARS R/AT474 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
126. SHAMKUMAR S.B. S/O BHAGWAN S AGED ABOUT34YEARS R/AT626 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
127. VEERENDRA BHANU PRATAP S/O CHINNAPPA T.L. AGED ABOUT51YEARS R/AT134 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
128. MALLU P S/O PUTAMALLAPPA AGED ABOUT62YEARS R/AT557 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
129. RAGHURAMA REDDY N S/O NARASIMIAH AGED ABOUT43YEARS27R/AT560 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
130. SADAT U.K. S/O KHAN A.B. AGED ABOUT49YEARS R/AT4338 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
131. NAGARAJ RAO S/O NARAYANA RAO N.S. AGED ABOUT75YEARS R/AT639 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
132. BHASKAR S/O SEETHARAMAIAH AGED ABOUT69YEARS R/AT548 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
133. JAYAMMA W/O CHIKKA VARAM AGED ABOUT63YEARS R/AT649 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
134. MANJUNATH H S/O NARAYANAPPA AGED ABOUT54YEARS R/AT598 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 28 BANGALORE-560098.
135. ANATHA RAMU C.G. AGED ABOUT52YEARS R/AT499 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
136. MAHADEVAPPA V. TOTAD S/O SHETTY C AGED ABOUT53YEARS R/AT109 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
137. RAMA MURTHY N S/O NARASIMHALU NAIDU AGED ABOUT58YEARS R/AT589 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
138. SUBRAMANI M AGED ABOUT62YEARS R/AT647 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
139. PRAMILA M W/O SUBRAMANI, AGED ABOUT57YEARS R/AT648 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
140. GOPALARAJU.V.R. S/O RAJU N.V., AGED ABOUT56YEARS, 29 R/AT527 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
141. KRISHNA PRASAD.B.R. S/O RAJAGOPAL, AGED ABOUT50YEARS, R/AT559 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
142. RAJANNA.N S/O NAGAIAH, AGED ABOUT58YEARS, R/AT410 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
143. RAVI.M.R. S/O RAMASWAMIAH, AGED ABOUT51YEARS, R/AT7 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
144. FLORINE ANDRADE S/O FELIDX MENEZES, AGED ABOAUT47YEARS, R/AT175 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
145. KOMALA BASAVARAJU W/O BASAVARAJU, AGED ABOUT53YEARS, R/AT10 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 30 BANGALORE-560098.
146. SRINIVASA.B.S. S/O SANJEEVAIAH.B.V., AGED ABOUT59YEARS, R/AT273 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
147. GIRISH T.J.
S/O JAGADEESHA MURTHY T.S., AGED ABOUT44YEARS, R/AT523 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
148. REVENDRA.K.A., S/O ANANTHA RAO.K., AGED ABOUT50YEARS, R/AT95 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
149. SHANTHAMMA B.N. S/O PRABHU.S., AGED ABOUT48YEARS, R/AT542 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
150. UDAYAKUMARI.K W/O AJITH K. VASUDEVAN, AGED ABOUT51YEARS, R/AT486 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 31
151. PRABHAKAR.K.S. S/O SUBRAMANYA IYER K.B., AGED ABOUT52YEARS, R/AT83 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
152. RAMU.M.V. S/O MUNIVENKATAPPA, AGED ABOUT64YEARS, R/AT82 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
153. RAVINDRANATH.C.M. S/O SHARMA C.V.M., AGED ABOUT54YEARS, R/AT280 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
154. PARADKAR G.V. S/O VASUDEV PARADKAR.V, AGED ABOUT66YEARS, R/AT260 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
155. SUBRATHA KUMAR MANDAL, S/O GURU PADA MANDAL, AGED ABOUT49YEARS, R/AT305 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
156. HALDAR.A S/O SIHURANJAN HALDAR, AGED ABOUT56YEARS, 32 R/AT270 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 157 . DIWAKAR.M.L. S/O RAJU.N.V., AGED ABOUT54YEARS, R/AT125 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
158. NAGARAJ.K. S/O KAPPINAIAH, AGED ABOUT54YEARS, R/AT26 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
159. ASHOK.D S/O TATAIAH, AGED ABOUT60YEARS, R/AT9 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
160. M.N.KOWSTHABHA W/O NANDAKUMAR, AGED ABOUT55YEARS, R/AT73 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
161. SHIVASHANKARAYYA S/O BASAIAH, AGED ABOUT69YEARS, R/AT74 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 33 BANGALORE-560098.
162. SHIVEGOWDA S/O LAXMAN GOWDA, AGED ABOUT67YEARS, R/AT71 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
163. MANJULA.K.C. W/O MUDDARAJU.K.M., AGED ABOUT42YEARS, R/AT78 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
164. JALAJA.S W/O SHESHADRI, AGED ABOUT54YEARS, R/AT586 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
165. JANAKAMMA.M.C. W/O MUKUND, AGED ABOUT50YEARS, R/AT588 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
166. GURUSHANTHAPPA, S/O APPANAPPA, AGED ABOAUT62YEARS, R/AT31 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098. 34
167. KRISHNA S/O PUTTASWAMY, AGED ABOUT46YEARS, R/AT3 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
168. SANGAPPA B.G., S/O BASAVALINGAPPA, AGED ABOUT52YEARS, R/AT414 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
169. KUSUMAKAR SHETTY.V S/O MANJAIAH.V, AGED ABOUT55YEARS, R/AT601 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
170. PADMANABHA PUNJA S/O P.S.PUNJA, AGED ABOUT57YEARS, R/AT602 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
171. SHAKILA S.SHETTY, W/O SUNIL SHETTY, AGED ABOUT60YEARS, R/AT606 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
172. KANCHANA RAO W/O ANUP RAO, AGED ABOUT58YEARS, 35 R/AT613 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
173. DAYANANDA SHETTY S/O KUSHALA SHETTY, AGED ABOUT52YEARS, R/AT107 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
174. SHEKAR SHETTY.B. S/O MANJAIAH SHETTY, AGED ABOUT54YEARS, R/AT393 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
175. NIRMALA SHETTY D/O MUTHAIAH SHETTY, AGED ABOUT46YEARS, R/AT394 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
176. LAKSHMI.B. W/O MANJAIAH SHETTY, AGED ABOUT75YEARS, R/AT395 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
177. CHARLOTTE MATHEW W/O MATHEW, AGED ABOUT48YEARS, R/AT397 BHEL II STAGE, PATTANAGERE, RAJARAJESHWARI NAGAR, 36 BANGALORE-560098.
178. THE BRUHATH BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, BANGALORE, REP. BY ITS COMMISSIONER.
179. ADDL. COMMISSIONER, RAJARAJESHWARI NAGAR SUB DIVISION, BBMP, RAJARAJESHWARI NAGAR, BANGALORE.
180. ASST. COMMISSIONER (REVENUE) BBMP, HUDSON CIRCLE, BANGALORE.
181. R.S.GANGADHARAIAH, S/O LATE NANJUNDAPPA, PATTANAGERE VILLAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
182. BASARAJAPPA S/O LATE PATEL NANJUNDAPPA, OPP: DODDANNA VIDYA SAMSTHE, SHILPA KRUPA, SUNKADA KATTE, VISWANEEDAM POST, BANGALORE-560091.
183. CHANDRAKALA W/O HEMANTH KUMAR, NO.382, 9F MAIN ROAD, VIJAYANAGAR, BANGALORE-560040.
184. VENKATESH S/O LATE VENKATARAMANAPPA, PATTANAGERE VILLAGE, RAJARAJESHWARI NAGAR, BANGALORE-560098.
185. NOORULLA SHARIEF ALIAS MASTAN SHARIEFF, Transposed as Appellant 37 19/D, J.P.NAGAR, No.9 as per the order of UMARBAGH LAYOUT, this Hon’ble Court BANGALORE-560 O78. Dated 01.02.2021 186. T.B.JAYACHANDRA M.L.A., SIRA CONSTITUENCY, TUMKUR.
187. SMT.VIMALA GOWDA, DEPUTY CHAIR PERSON, M.L.C., BANGALORE.
188. K.V.RAMAIAH S/O LATE SEENAPPA, AGED ABOUT85YEARS, NO.34, PANCHAVATI, 13TH CROSS, KETHMARANEHALLI, I BLOCK, RAJAJINAGAR, BANGALORE-560010. …RESPONDENTS (BY SRI. MADHUSUDAN R. NAIK, SR. COUNSEL FOR SRI. D.R. RAVISHANKAR, ADV., FOR R-1-R-6, R-7, R-8-R-28, R-29, R-30 TO R-76, R-77, R-78 TO R84, R-85, R-86 TO R156 & R-158 TO R-177 SRI. B.S. GAUTHAM, ADV., FOR R-178 TO R-180 SMT. LAKSHMY IYENGAR, SR. COUNSEL FOR SRI. SHARATH S. GOWDA, ADV., FOR R-185 V/O DTD:5.11.2018 NOTICE TO R-181-183 & 188 ARE D/W) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDERPASSED IN THE WRIT PETITION NO.14665-14675/2012 (LB-BMP) DATED1302.2013. IN W.A.NO.1960/2013: BETWEEN: SRI. P.B.VIJAYASHANKAR S/O LT. BASAPPA AGED ABOUT38YEARS, 38 R/A BASAPPA BUILDING, PATTANAGERE VILLAGE, KENGERI HOBLI, BANGALORE-560098. ...APPELLANT (BY SRI. R.S. RAVI, ADV.,) AND:
1. M/S. REMCO (BHEL) HOUSE BUILDING CO OPERATIVE SOCIETY LTD., NO.364, 5TH MAIN, RPC LAYOUT, VIJAYANAGAR2D STAGE, BANGALORE-560040.
2. G. RAVISHANKAR S/O V.K. GOPAL AGED ABOUT56YEARS NO.295, FM CARIAPPA ROAD BHEL LAYOUT, PATTANAGERE NORTH, BANGALORE-560098.
3. N.L. MANJUNATHA SHETTY S/O ANANTARAMA GUPTA AGED ABOUT54YEARS NO.17, 1ST MAIN ROAD12H CROSS, MTS LAYOUT, KENGERI UPANAGARA, BANGALORE-560060.
4. C. VINAYAK S/O CHANNASWAMY MUDALIAR AGED ABOUT57YEARS NO.28A, 3RD BLOCK, 7TH CROSS, GRAPE GARDEN, THYAGARAJANAGAR, BANGALORE-560028.
5. L. PEETER D’SOUZA S/O LATE LALLIS D’SOUZA39AGED ABOUT63YEARS R/A NO.437, BAPUJINAGAR MYSORE ROAD BANGALROE-560026.
6. EJAZ PASHA S/O SHEIK MUSTAFA AGED MAJOR R/A NO.344, 1ST MAIN, 2ND CROSS, GANGONDANAHALLI MYSORE ROAD BANGALORE-560039.
7. BRUHAT BANGALORE MAHANAGARA PALIKE REP. BY ITS COMMISSIONER HUDSON CIRCLE BANGALORE-560002.
8. THE ADDL. COMMISSIONER RAJARAJESHWARINAGAR SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE RAJARAJESHWARI NAGAR, BANGALORE-560098.
9. P.S. MAHALINGAPPA S/O LT. SIDDARAMAIAH AGED MAJOR R/A PATTANAGERE VILLAGE, KENGERI HOBLI, BANGALORE-560098.
10. SMT. K.B. SHANTAMMA W/O P.S. MAHALINGAPPA AGED MAJOR, R/AT PATTANAGERE VILLAGE KENGERI HOBLI BANGALORE-560098 11. SRI. M.R. KANTHARAJU S/O NOT KNOWN AGED MAJOR C/O VIJAYAKUMAR R/A NO.17, SIDDHARAMAIAH BUILDING, PATTANAGERE VILLAGE, 40 BANGALORE-560098. …RESPONDENTS (BY SRI. MADHUSUDAN R. NAIK, SENIOR ADVOCATE FOR SRI. D.R. RAVISHANKAR, ADV., FOR C/R-1 AND ALSO FOR RESPONDENTS NO.2, 4 & 5; NOTICE SERVED ON RESPONDENTS NO.3 & 6; SRI. S.N. PRASHANTH CHANDRA, ADV., FOR RESPONDENTS NO.7 & 8; SRI. MANMOHAN P.N., ADV., FOR RESPONDENTS NO.9 & 10; SRI. H.T. JAGANNATHA, ADV., FOR RESPONDENT NO.11) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDERPASSED IN THE WRIT PETITION NO.21920/2010 DATED1302.2013. W.A.NO.2174/2013: BETWEEN:
1. SRI. P.S. MAHALINGAPPA S/O LATE SIDDRAMAIAH AGED ABOUT58YEARS R/AT PATTANAGERE VILLAGE KENGERI HOBLI BANGALORE-560098 SINCE DEAD BY HIS LR’s 1(a) USHA D/O LATE SRI. P.S. MAHALINGAPPA AGED ABOUT24YEARS R/AT PATTANAGERE VILLAGE KENGERI HOBLI, BANGALORE-560098 1(b) NAVEEN KUMAR S/O LATE SRI. P.S. MAHALINGAPPA41AGED ABOUT21YEARS R/AT PATTANAGERE VILLAGE KENGERI HOBLI, BANGALORE-560098 2. SMT. K.B. SHANTHAMMA W/O P.S. MAHALINGPPA AGED ABOUT55YEARS R/AT PATTANAGERE VILLAGE, KENGERI HOBLI BANGALORE-560098. ...APPELLANTS (BY SRI. MANMOHAN P.N. ADV., FOR A1(A&B)) AND:
1. M/S REMCO (BHEL) HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED NO.364, 5TH MAIN, R.P.C. LAYOUT, VIJAYANAGAR2D STAGE, BANGALORE-560040 2. SRI. G. RAVISHANKAR S/O V.K. GOPAL AGED ABOUT62YEARS NO.295, FM CARIAPPA ROAD, BHEL LAYOUT, PATTANAGERE NORTH, BANGALORE-560098.
3. SRI. N.L. MANJUNATH SHETTY S/O ANANTARAMA GUPTA AGED ABOUT58YEARS NO.17, 1ST MAIN ROAD12H CROSS, MTS LAYOUT KENGERI UPANAGARA, BANGALORE-560060.
4. SRI. C. VINAYAK S/O CHANNASWAMY MUDALIAR AGED ABOUT61YEARS NO.28A, 3RD BLOCK, 7TH CROSS GRAPE GARDEN, THYAGARAJANAGAR42BANGALORE-560028.
5. SRI. L. PETER D’SOUZA S/O LATE LALLIS D’SOUZA AGED ABOUT67YEARS NO.437, BAPUJINAGAR MYSORE ROAD, BANGALORE-560026.
6. SRI. EJAZ PASHA S/O SHEIK MUSTAFA NO.344, 1ST MAIN2D CROSS, GANGONANAHALLI MYSORE ROAD BANGALORE-560039.
7. THE BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, HUDSON CIRCLE, BANGALORE8 THE ADDITIONAL COMMISSIONER RAJARJESHWARI NAGAR SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE RAJARAJESHWARI NAGAR, BANGALORE.
9. SRI. M.R. KANTHARAJU FATHER NAME AND AGE NOT KNOWN C/O VIJAYAKUMAR R/AT NO.17, SIDDHARAMAIAH BUILDING, PATTANAGERE VILLAGE, KENGERI HOBLI BANGALORE-560098 10. SRI. P.B. VIJAYASHANKAR S/O LATE BASAPPA AGE NOT KNOWN TO THE APPELLANTS, R/AT BASAPPA BUILDING PATTANAGERE VILLAGE KENGERI VILLAGE, KENGERI HOBLI43BANGALORE-560098. …RESPONDENTS (BY SRI. MADHUSUDAN R. NAIK, SENIOR ADV., FOR SRI. D.R. RAVISHANKAR, ADV., FOR C/R1 AND ALSO FOR R-2 & R-6 SRI. S.N.PRASHANTHCHANDRA, ADVOCATE FOR RESPONDENTS NO.7 & 8; NOTICE SERVED ON RESPONDENTS NO.9 &
10) THIS WRIT APPEAL IS FILED UNDER SECTION4OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDERPASSED IN THE WRIT PETITION NO.21920/2010 DATED1302.2013. THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR
JUDGMENTON2602.2021, COMING ON FOR PRONOUNCEMENT OF
JUDGMENTTHIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENTIn these intra court appeals filed under Section 4 of the Karnataka High Court Act, 1961, the appellants have assailed the order dated 13.02.2013 passed by the learned Single Judge in writ petitions, from which these appeals emanate. The learned Single Judge by the aforesaid order has quashed the order dated 19.04.2010 and 05.04.2012 passed by Additional Commissioner Bruhath, Bengaluru Municipal 44 Corporation (hereinafter referred to as 'BBMP' for short) in exercise of powers under Section 114A of Karnataka Municipal Corporation Act, 1976 (hereinafter referred to as 'the Act' for short). In order to appreciate the appellant’s challenge to the order passed by the learned Single Judge, few relevant facts need mention, which are stated infra. FACTS2 The lands measuring 60 acres comprised in Survey numbers 2/1B, 2/1C, 2/4, 17/2, 18/1, 20/2, 20/3, 20/4,20/6, 20/7, 20/10, 20/11, 20/12, 21, 22, 23, 24/4, 24/5, 42/2a, 42/3a, 42/3b, 48/1, 48/2, 52/1, 52/2 situate at Pattanagera Village, Kengeri Hobli, Bengaluru South Taluk were required for the purpose of allotment of sites to members of REMCO House Building Coop. Society Ltd. (hereinafter referred to as 'the Society' for short). Thereupon, proceedings under the Land Acquisition Act, 1894 45 (hereinafter referred to as 'the 1894 Act' for short) were initiated and a Notification under Section 4(1) of the 1894 Act, was issued on 16.05.1985, which was followed by a declaration under Section 6(1) of the Act dated 03.10.1987. The aforesaid acquisition proceedings were challenged and were quashed by a division bench of this court vide order dated 18.06.1991 in 'NARAYANA REDDY V. STATE OF KARNATAKA', I.L.R. 1991 KAR2248 The aforesaid decision was affirmed by Supreme Court vide judgment dated 21.02.1995 passed in batch of appeals ['H.M.T. HOUSE BUILDING CO- OPERATIVE SOCIETY V. SYED KHADER', I.L.R. 1995 KAR1962(SC)]. and a direction was issued that possession of the land shall be restored to the respective land owners irrespective of the fact whether they had challenged the acquisition of their lands or not and a further direction was also issued to 46 land owners to refund the amount received by them as compensation or otherwise in respect of their lands and the parties to the Special Leave Petition as well as all concerned persons were directed to implement the directions issued at an early date.
3. Between a period from 21.08.1997 to 06.03.1998 on various dates namely 07.08.1997, 28.08.1997, 03.09.1997, 20.11.2007, and 06.03.1998, the Special Land Acquisition Officer handed over the possession of the lands in question. It appears that some of the land owners had entered into an agreement dated 10.11.2000 with the Society, under which they agreed to ratify the past transaction and the transaction entered into between the Society and its members, the aforesaid agreement pertains to land bearing Survey No.17/2 (measuring 2 acres and 17 guntas), Survey No.42/4 (1.02 acres), Survey No.42/4 (0.20 acres), Survey No.21 (totally 5.24 47 acres, 5.22 acres, 5.22 acres, 5.22 acres, 5.22 acres, 5.22 acres, 5.22 acres, 5.22 acres, 5.22 acres, 0.20 acres). It was averred in the writ petition that some of the allotees who were allotted sites by the Society had constructed the houses on the sites and khatha of the said properties were made in their respective names by the then City Municipal Corporation, Rajrajeshwari Nagar. Later on, the area in which the aforesaid sites were situate brought within limits of BBMP and Khathas, which was recorded in the name of allotees continued in their name. It was further averred that since, the ratification deed revived the past transactions, the Power Of Attorney executed by the land owners in favour of the Society was also revived.
4. It was further averred that Society had filed suits viz., O.S.No.4602/2000, O.S.No.5470/2002 and O.S.No.17125/2006 against the owners of the land on the basis of ratification agreement in which a 48 compromise decree was passed on 06.09.2000, 12.06.2006 and 09.11.2006 respectively. In the petition for compromise filed in the aforesaid civil suits, a reference was made to ratification deed dated 10.11.2000. It was pleaded that the persons who lost their land had filed contempt petitions viz., Contempt Petition Nos.224-226/2005, in which an averment was made that direction to restore the possession of the land to the owners of the land was not complied with. The Society, in the aforesaid contempt proceeding filed an affidavit, in which inter alia it was stated that Society had entered into private negotiation with the owners of the land and additional money was paid to the owners of the land and sites were allotted to them. The Supreme Court thereupon dropped the contempt proceeding.
5. The Commissioner of Rajarajeshwari Nagar thereafter, a member of legislative assembly 49 addressed a letter dated 22.06.2006 to the Minister for Revenue and sought directions to implement the order passed by the Supreme Court. Thereafter, notices dated 25.08.2006, 03.09.2006 and 08.09.2006 were issued by Rajrajeshwari Nagar Municipal Council to show cause as to why Khatha made in favour of purchasers/allotees of the sites be not cancelled. Thereafter in a writ petition viz., W.P.No.13168/2006 learned Single Judge of this court by an order dated 12.03.2007 remitted the matter to incumbent BBMP to consider all the aspects of the matter and to pass an order in accordance with law. The Additional Commissioner BBMP by an order dated 07.08.2007 passed under Section 114-A of the Act cancelled the Khathas in respect of four sites and held that the order would operate in respect of those sites where the land owner had not entered into a subsequent transaction and in cases where the decree 50 was not passed. The Additional Commissioner BBMP passed orders dated 19.04.2010 and 05.04.2012 under Section 114-A of the Act, by which Khathas which stood in the name of the allotees were cancelled. The aforesaid orders were assailed in writ petition before the learned Single Judge.
6. The learned Single Judge by an order dated 13.02.2013 inter alia held as follows i) That Supreme Court did not take any exception to the ratification deed executed between the owners of the land and the Society and dropped the contempt proceeding as order passed by it was complied. ii) The Supreme Court permitted the Society to enter into private transactions with the owners of the 51 land so as to secure the interests of the allotees of the sites and in compliance thereto the society had entered into a ratification deed dated 10.11.2010 under which the owners of the land agreed to revive the rights of the Society and its allotees. iii) The Additional Commissioner BBMP could not adjudicate the issue with regard to validity of ratification deed. iv) The Compromise decree passed by the court was required to be set aside in the manner known to law and merely because owners of the land described the compromise decree as fraudulent the same could not be said to be so. 52 v) The Additional Commissioner BBMP could not sit in judgment over the validity of compromise decree. vi) The issues raised by owners of the land before Additional Commissioner BBMP were essentially issues of fact which could be adjudicated in a civil suit and therefore cancellation of khathas at the behest of land owners was held to be unjust and improper. vii) The validity of the ratification deed cannot be examined in writ proceedings and the validity of private negotiations between the land owners and society cannot be considered in proceeding under article 226 and 227 of the Constitution of India. 53 viii) The power under section 114-A of the Karnataka Municipal Corporation Act, 1976 has been exercised beyond the period of limitation i.e. 3 years. ix) Revocation of khatha by invoking powers under Section 114-A of the Act would amount to implementation of the order passed by the Supreme Court.
7. The learned single judge quashed the orders dated 19.04.2010 and 05.04.2012 passed by BBMP. However, liberty was reserved to the land owners to approach the revenue authorities again for seeking necessary orders depending upon the rights of the parties which may be determined by the appropriate forum. In the aforesaid factual backdrop these appeals have been filed. SUBMISSIONS:- 54 8. Learned Senior counsel for the appellant in W.A.No.2176/2013 submitted that most of the civil suits filed by the allotees against the owners of the land were dismissed and some of the first appeals filed before this court were also disposed of. It is pointed out that appellants in W.A.Nos.2176- 2185/2013 and W.A.Nos.2664-4833/2013 have a claim in respect of the following lands: Sl.No.Survey No.Extent of land 1. 21/3 & 21/4 3 acres 15 guntas 2. 17/1A2 & 17/1A4 18 guntas 3. 42/4 26 guntas 4. 2/4 20 guntas 5. 24/2 18 guntas 6. 42/4 17 guntas 7. 42/3A10guntas 8. 24/1 7 guntas 9. 24/4 1 acre 4 guntas 10. 17/6 20 guntas It is also pointed out that except land bearing Survey Nos.21/3, 21/4 and 42/4 measuring 1 acre and 3 guntas, other lands are not subject matter of any ratification deed or any litigation and therefore, 55 there is no impediment to restore the Khatha of the properties in Survey Nos.17/1A2, 2/4, 24/2, 42/3A, 24/1, 24/4 and 17/16. It is further submitted that the Society fraudulently got executed a ratification deed from the owners of the land with a view to overcome the effect of order of the Supreme Court. It is also submitted that civil suits namely O.S.Nos.15571/2004, 16366/2005 and 5471/2002 were compromised with an intention to play fraud. It is also pointed out that said suits filed by the Society against owners of the land were compromised by the office bearer of the Society on behalf of the land owners who claimed to be the Power Of Attorney holders of the land. It is contended that neither the ratification deed nor the compromise decree were registered as required under the law and therefore, no sanctity in law can be attached to them. It is further contended that once Supreme Court has quashed the 56 land acquisition proceedings and had directed for re- delivery of possession to owners of the land, the Society had lost all rights in the property. It is also contended that Society cannot claim title in respect of the lands in question on the basis of ratification deed and the Additional Commissioner, BBMP rightly held that aforesaid documents are not valid. It is further urged that ratification deed does not confer title in respect of land in question and the Supreme Court while quashing the land acquisition proceedings did not permit the Society to enter into private transaction with the owners of the land and finding in this regard recorded by the learned Single Judge is factually incorrect. In support of aforesaid submissions, reliance was placed on decisions of Supreme Court in 'BHOOP SINGH VS. RAM SINGH MAJOR AND OTHERS', (1995) 5 SCC709 'K.B.SAHA AND SONS PRIVATE LIMITED VS. DEVELOPMENT57CONSULTANT LIMITED', (2008) 8 SCC564 'K.RAGHUNANDAN AND OTHERS VS. ALI HUSSAIN SABIR AND OTHERS', (2008) 13 SCC102 'RITESH TEWARI AND ANR. VS. STATEOF U.P. AND ORS.', AIR2010SC3823 'SURAJ LAMP AND INDUSTRIES PRIVATE LIMITED (2) THROUGH DIRECTOR VS. STATE OF HARYANA AND ANOTHER', (2012) 1 SCC656and division bench decision of this court in 'S.C.GANGADHARIAAH VS. REMCO, LAWS (KAR)', (2018) (1) 172.
9. Learned Senior counsel for the appellants in W.A.Nos.1960-1965/2013 argued that ratification deed dated 10.11.2000 and compromise decrees are not binding on the rights of the appellants in aforesaid writ appeals. It is also urged that ratification deed dated 10.11.2000 was executed by one Siddamma and her children and not by the appellants and 58 therefore, the decree is not binding on the appellants in the said writ appeals. It is further urged that the suit was filed by the President of the Society on 07.11.2006, whereas, the caveat was filed by the Secretary of the Society on 31.10.2006, which eventually led to passing of a compromise decree on 09.11.2006. It is therefore, argued that the aforesaid compromise decree, which was result of collusion on behalf of the Society is void. It is pointed out the learned Single Judge erred in holding that validity of ratification deed and compromise decree can be examined by the civil court, but simultaneously set aside the impugned orders, which were based on ratification deed and compromise decrees. It is contended that the finding recorded by the learned Single Judge that transaction entered into by the aforesaid Siddamma binds everybody is illegal as there was no material on record to set up the 59 relationship of the appellants with Siddamma. It is also contended that Khathas in name of allotees were based on sale deed executed by the Society pursuant to acquisition of land by the government and once the acquisition was quashed the Khathas have to be recorded in the name of the appellants who were owners of the land. It is also argued that Society has no locus standi to file the writ petition. In support of aforesaid submissions reliance has been placed on decisions in 'H.M.T.HOUSE BUILDING CO-OP. SOCIETY VS. SYED KHADER & ORS.', (1995) 2 SCC677 'TARSEM SINGH PETITIONER VS. SUKHMINDER SINGH', AIR1998SC1400 'GRAM PANCHAYAT OF VILLAGE NAULAKHA VS. UJAGAR SINGH AND OTHERS', AIR2000SC3272 'VYALIKAVAL HOUSE BUILDING CO-ORIGINAL PETITIONER SOCIETY VS. CHANDRAPPA AND ORS', AIR2007SC1151 'K.B.SAHA AND SONS60PRIVATE LIMITED VS. DEVELOPMENT CONSULTANT LIMITED', (2008) 8 SCC564 'RITESH TEWARI AND ANOTHER VS. STATE OF UTTAR PRADESH AND OTHERS', (2010) 10 SCC677 'SURAJ LAMP AND INDUSTRIES PVT. LTD. Vs STATE OF HARYANA AND ANR.', AIR2012SC206 'BANGALORE CITY COOPERATIVE HOUSING SOCIETY LIMITED VS. STATEOF KARNATAKA AND OTHERS', (2012) 3 SCC727and decision of this court in 'SRI.CHANDRASHEKAR AND OTHERS VS. THE TUHEED CO-OPERATIVE HOUSING SOCIETY (REGD.) AND OTHERS', I.L.R. 2008 KAR4003 10. Learned counsel for respondent No.185 whose transposition as appellant in W.A.No.2176/2013, was not opposed by the appellant, submitted that Supreme Court had in categorical terms issued a direction to restore the 61 possession of the land to the owners irrespective of the fact whether they had challenged the acquisition or not and a further direction was issued for restoration of possession to owners of the land and they were directed to refund the amount received by them as compensation. It is pointed out that the Supreme Court did not grant any liberty to the Society to negotiate with owners of the land and the finding recorded by the learned Single Judge in this regard is factually incorrect. It is also urged that the process of continuing the Khathas in the names of allotees amounts to contempt and this court should permit the same. It is also pointed out that ratification deed is in respect of 42 acres and 20 guntas, whereas, the learned Single Judge has allowed the writ petition in respect of Khatha of properties within 60 acres of land and the ratification deed was got executed fraudulently. It is also pointed out that a private 62 complaint was filed in this regard, which was referred for investigation and jurisdictional police have filed a charge sheet for offences under Sections 418, 465, 471, 419, 420 read with Section 34 of the Indian Penal Code. It is also pointed out that the State Government in its order held that sale deed executed by the Society after quashment of land acquisition proceedings have no legal sanctity. It is also urged that the Society has got compromise decree by playing fraud and Power Of Attorney relied on to record a compromise in civil suits has not been placed on record in these proceedings. It is also contended that Society could not act upon the Power Of Attorney, which was obtained prior to land acquisition proceeding, which were quashed by the Supreme Court.
11. Learned Senior counsel for Society submitted that learned Single Judge correctly 63 relegated the parties to explore the remedies before the appropriate forum instead of contesting the claim with regard to entries made in the Khathas recorded by BBMP in the names of allotees. It is further submitted that claim of owner of the land that the ratification deed and compromise decree obtained by the Society were fraudulent is based on surmises and conjectures and in any case, the question with regard to validity of ratification deed and compromise decrees could not have been determined by Additional Commissioner of BBMP. It is also pointed that Society had already formed the layout by the time the land acquisition proceedings were quashed by the Supreme Court and many of the owners of the land had approached the Society for settlement and had received substantial sums of money towards settlement of their claims. It is further pointed out with reference to Annexures E1 to E5 that after the 64 judgment of the Supreme Court, the owners of the land of survey No.2/3 had entered into a settlement with the Society and under the terms of the settlement sites were allotted to family members of the owners of the land free of cost. Similarly the owners of survey Nos. 52/11, 2/2, 52/6, 25/2 had executed the ratification deed and had collected further sums of money.
12. It is urged that suits filed by the Society against owners of the land namely O.S.No.17125/2006, O.S.No.5471/2002 and O.S.No.4602/2000 in relation to Survey Nos.24/4, 52/11, 52/6 and 2/2 respectively were decreed. It is also pointed out that in the contempt proceeding the Society had brought to the notice of the Supreme Court that in compliance of orders passed by it the possession of the property was redelivered to the owners of the land and further payments were made 65 towards consideration of the lands and owners had executed ratification deed. Thereupon, the Supreme Court dropped the proceedings for contempt which in unmistakable terms indicate that there is no violation of the order passed by the Supreme Court. It is also urged that previously the Additional Commissioner, BBMP had refused to cancel the Khathas on 17.08.2007, which was illegal. Our attention was also invited to the fact that proceedings under Section 114-A of the Act were initiated at the instance of the member of legislative assembly and therefore, the learned Single Judge rightly directed the parties to avail the remedies before appropriate forum. It is also pointed out that learned Single Judge rightly held that powers under Section 114-A of the Act could not be invoked beyond a period of 3 years. It is also contended that Khatha is for limited purpose of identifying the person who is responsible for payment 66 of property tax and therefore, land owners had to establish their claim with regard to title before the Civil Court. It is also submitted that the appeals are not maintainable as learned Single Judge has exercised powers of supervision under Article 227 of the Constitution of India. In this regard, reliance has been placed in full bench decision of this court IN 'SMT. JAYAMMA V. STATE OF KARNATAKA', I.LR. 2020 KAR1449 13. Learned counsel for allotees while adopting the submissions made by learned senior counsel for the Society argued that on the basis of allotments made in favour of the allotees by the Society, the name of the allotees have been entered in khathas. It is further submitted that after a lapse of 12 years, at the instance of member of legislative assembly, the proceedings were initiated to enforce the judgment of the Supreme Court. It is also pointed out that 67 Revenue Minister had also issued a direction to take suitable action. It is also urged that unless the findings recorded by Principal Secretary, Revenue Department are held to be bad, the appeal at the instance of the appellants cannot be entertained. It is also pointed out that in any case, appellants are not interested in respect of all 482 sites cannot seek the relief of setting aside the order passed by the learned Single Judge in this appeal. It is also pointed out that land owners had received the consideration and had entered into agreements to part with possession of their lands for formation of the layout and handed over the possession of the lands to the society. It is further pointed out that on the basis of ratification deed, the civil court had passed the decree and till today the appellants have not raised a contention neither before any authority nor court that they had not executed ratification deed and the power of 68 attorney. It is also pointed out that the stand of the appellants that decree is collusive and has been obtained by playing fraud has to be ignored as the aforesaid contention was elaborated in O.S. No.5471/2002. It is also argued that question of title cannot be adjudicated under section 114-A of the Act, more so when the property is conveyed under registered instrument and the rights in the property shall be deemed to have been transferred to the purchaser. In support of aforesaid submissions reliance has been placed on T.V.R. SUBBU CHETTY'S FAMILY CHARITIES VS. M.RAGHAVENDRA MUDALIAR & OTHERS, AIR1961SC797 PRAKASH NARAIAN SHARMA VS. BURMAN SHELL CO-OPERATIVE HOUSING SOCIETY LTD., (2002) 7 SCC46 SOM DEV & OTHERS VS. RATI RAM AND ANOTHER, (2006) 10 SCC788 JAI JAGANATH GASES PVT. LTD. VS. COMMERCIAL69TAX OFFICER, SANGAREDDY CIRCLE, MANJEERA PIPELINE ROAD, MEDAK AND ANOTHER, (2009) 2 ALPJ HC147 P.K.SINGH VS. S.N.KANUNGO & OTHERS, (2010) 4 SCC504 SHANTHI BUDHIYA VESTA PATEL VS. NIRMALA JAYAPRAKASH TIWARI, (2010) 5 SCC104 RAJANNA VS. S.R. VENKATASWAMY & OTHERS, (2014) 15 SCC471 VEDPAL (DEAD) THROUGH LRS VS. PREMADEVI (DEAD) THROUGH LRS., (2018) 9 SCC496and MOHAMMED YUSUF VS. RAJKUMAR, AIR2020SC976as well as order passed in KEMPATTIGOWDA ETC. VS. K.C.ASWATHANARAYANA SETTY dated 10.02.2020 passed in SLP (civil) diary No.2854 of 2020 and judgment of this court in RFA No.398/2012 dated 24.09.2019. ANALYSIS:- 14. We have considered the rival submissions made on both sides and have perused the record. 70 Admittedly proceedings for acquisition of the land measuring 60 acres were initiated for the benefit of the Society which were quashed by the Supreme Court vide judgment dated 21.02.1995 with the following directions: “In the Appeal Nos.3011-19/95 arising out of SLP(C) Nos.11482-90 of 1991, after the dismissal of the appeals a direction has been given that as a result of the quashing of the land acquisition proceedings including the Notifications in question, the possession of the land shall be restored to the respective land owners irrespective of the fact whether they had challenged the acquisition of their lands or not. A further direction has been given that on restoration of the possession to the land owners, they shall refund the amounts received by them as compensation or otherwise in respect of their lands. We issue a similar direction even in this case. The petitioner, the 71 respondents and the State Government including all concerned authorities/persons shall implement the aforesaid directions at an early date.
15. Thus it is evident that Supreme Court did not grant the liberty to parties to re-negotiate the matter. Therefore, the finding recorded by the learned single judge in this regard that Supreme Court had granted the liberty to re-negotiate the matter cannot be upheld. However, it is worth mentioning that nothing in law prevented the parties from entering into negotiations.
16. Before proceeding further, it is apposite to take note of well settled legal principles for exercise of statutory powers. It is a well settled legal proposition that when the statute confers the power coupled with the duty to exercise the power, the condition precedent for invocation of the power has to be 72 fulfilled [See 'MOHD. HASNUDDIN V. STATE OF MAHARASHTRA', (1979) 2 SCC572AND 'CHARLES K. SKARIA V. V C. MATHEW (DR)', (1980) 2 SCC752. It is well settled in law that if the statute prescribed the manner of doing a particular thing in a particular way, that thing has to be done in that particular manner alone and all other mode of its performance are necessarily forbidden [See: 'MACQUARIE BANK V. SHILPI CABLE TECHNOLOGIES LTD., (2018) 2 SCC674 SURAT SINGH V. SIRA BHAGWAN, (2018) 4 SCC562AND NARESHBHAI BHAGUBHAI V. UNION OF INDIA, (2019) 15 SCC1.
17. It is well settled that entries are made in the register of the corporation for the limited purpose of ascertaining the liability to pay tax and does not confer any title. Now we may take note of section 73 114-A of the Act, which is reproduced below for the facility of reference:
114. . Review by the Commissioner.-. Where the Commissioner, either suo motu or otherwise, after such enquiry as he considers necessary is satisfied that any transfer of title under section 114 was got recorded in the Corporation register by fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect or incomplete material, he may within a period of three years from the date of such recording of transfer of title reopen the case and pass such order with respect thereto as he thinks fit: Provided that no such order shall be made except after giving the person likely to be affected thereby a reasonable opportunity of being heard.
18. Thus from perusal of section 114-A of the Karnataka Municipal Corporation Act, it is evident that 74 the power of review can be exercised subject to fulfillment of following conditions: i) The Commissioner arrives at the satisfaction either suo moto or otherwise after such inquiry which he considers necessary. ii) Transfer of title under section 114-A of the Act was got recorded in the corporation register by fraud, misrepresentation or suppression or by furnishing false, incorrect or incomplete material. iii) Power has to be exercised within a period of 3 years from the date of recording of transfer of the title.
19. Now we may advert to the impugned orders dated 19.04.2010 and 05.04.2012 passed by the Additional Commissioner in purported exercise of 75 powers under section 114-A of the Act. From close scrutiny of aforesaid orders it is evident that the proceedings under section 114-A have been initiated in view of direction contained in the communication issued by Principal Secretary to the Government as well as Special Deputy Commissioner, Bangalore dated 16.02.2006 and 07.02.2007 respectively. The aforesaid orders have been passed on the ground that the layout plan prepared by the Society has not been approved by the competent authority and the layout has been illegally developed as well as the sites have been illegally allotted and conversion fee, and betterment charges have not been paid. In other words, no finding has been recorded that transfer of title was either made by fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect or incomplete material. Thus, the condition precedent for invocation of power under section 114-A of the Act 76 has not been fulfilled. Admittedly, the power under section 114-A of the Act has not been exercised within a period of 3 years from the date of recording of transfer of title. Therefore, the orders passed under section 114-A of the Act cannot be sustained in the eye of law, on this ground alone and therefore, it is not necessary for us to examine other grounds of challenge in the aforesaid orders. Thus, the aforesaid orders have rightly been quashed by the learned single judge.
20. It is well settled in law that this court in exercise of power under article 226 of the Constitution of India cannot determine the question of title [See: 'STATE OF RAJASHTHAN VS. BHAWANI SINGH', (1993) SUPP1SCC306and 'ANAMALLAI CLUB VS. GOVERNMENT OF T.N. AND OTHERS, G.SRINIVAS VS. GOVT. OF A.P. AND OTHERS, AIR1997SC3650and AIR2005SC4455 77 Therefore, the learned Single Judge has rightly relegated the parties to avail of the remedies in respect of right title or interest, pertaining to lands in question before the appropriate forum. However, the orders dated 19.04.2010 and 05.04.2012 have been quashed in its entirety. Therefore, we hold that the aforesaid orders are quashed to the extent of interest held by the *petitioners before us. The remaining lands which are neither subject matter of any ratification agreement or any civil suit would not be affected by this order and its owners shall be free to use the same in accordance with law. Needless to state that it will be open to the parties to work out their remedies in relation to their claim of right, title or interest in respect of lands in question before the appropriate forum and such forum shall deal with the claim of the parties without being influenced by any of the observations made either by learned single judge or in * Corrected vide Court Order dated 29-10-2021 78 this order. It is clarified that we have not expressed any opinion with regard to right title or interest of the parties in respect of lands in question as the aforesaid question has to be adjudicated in an appropriate forum. However, the Additional Commissioner BBMP is also granted the liberty to hold an inquiry and to ascertain the number of sites carved out of each of survey members with the assistance of officers of Revenue Department and to ascertain as to how many existing Khatedars have paid property tax in respect of properties which are registered and if property tax has not been paid, then to proceed to recover the same in accordance with law. In view of preceding analysis, the order of learned single judge is modified to the extent mentioned above. 79 In the result, the appeals are disposed of. Sd/- JUDGE Sd/- JUDGE KGR/SS