1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF AUGUST 2012 PRESENT THE HON BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.26548 OF 2005(GM-RES-PIL) BETWEEN: KARNATAKA STATE 'D' GROUP EMPLOYEES LAYOUT RESIDENTS WELFARE ASSOCIATION (REGD) NO.2023, 6 TH MAIN ROAD SRIGHANDADA KAVALU BANGALORE 560 091 REP BY ITS PRESIDENT SRI JAYARAMAIAH... PETITIONER (By SRI B ASWATHAIAH, ADV., [ABSENT]) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER T. CHOWDAIAH ROAD, K.P. WEST BANGALORE-560 020 2. THE STATE OF KARNATAKA REP BY ITS SECRETARY HOUSING & URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING BANGALORE-560 001 3. THE CITY MUNICIPAL COUNCIL REP BY ITS COMMISSIONER
2 RAJARAJESHWARI NAGAR BANGALORE-560 091 4. KARNATAKA STATE D GROUP EMPLOYEES CENTRAL ASSOCIATION REP BY ITS PRESIDENT CUBBON PARK, VIDHANA VEEDHI BANGALORE-560 001 5. SRI K.N.SHIVASHANKAR S/O LATE K.NARASHIMA SHASTRI AGED 59 YEARS, R/A NO.11 7 TH CROSS, PRASHANT NAGAR BANGALORE-560 079 6. SRI A.G.MANJUNATH AGED 37 YEARS S/O LATE A.S.GANAPATHI R/A C/O NO.4, 4 TH CROSS PAPAREDDY PALYA ARUNACHALAM LAYOUT NAGARABHAVI 2 ND STAGE BANGALORE-560 072 AND ALSO WORKING AT C/O DELTA CONTROL SYSTEMS No.63/3, INDUSTRIAL ESTATE 5 TH CROSS, 1 ST MAIN ASHWATHNAGARA, SUNKADAKATTE BANGALORE-560 091 7. SRI K.G.VIJAYA KUMAR S/O GOPALKRISHNA SHETTY AGED ABOUT 44 YEARS R/A NO.58, 2 ND MAIN ROAD N.T.PET, BANGALORE-560 002 8. SRI G.DAYASHANKAR S/O LATE G.C.OBAIAH AGED ABOUT 49 YEARS R/A C/O SMT.K.ROHINI NO.34, 14 TH CROSS, 5 TH MAIN SRINIDHI LAYOUT CHUNCHAGHATTA BANGALORE-560 062
9. M.B.MALLAPPA S/O LATE BASAPPA AGED ABOUT 73 YEARS R/A NO.4108, KUSUMA, 4 TH BLOCK NANDI PARK APARTMENTS GOTTIGERE, BANNERGHATTA ROAD BANGALORE-560 083 10. SMT.SUNITHA SHILLI W/O SHILLI JOSEPH AGED ABOUT 38 YEARS R/A NO.33, 5 TH MAIN, 6 TH PHASE WEST OF CHORD ROAD 1 ST STAGE, RAJAJINAGAR BANGALORE-560 010 11. SRI NAGASHAYANA S/O K.VENKATASWAMY AGED ABOUT 47 YEARS R/A/NO.1063 GENERAL HOSPITAL ROAD VIDYANYAPURA, MYSORE-08 REP BY ITS GPA HOLDER SRI C.V.CHANDRA MOULI S/O K.VENKATA SWAMY AGED ABOUT 54 YEARS R/A NO.845, 23 RD MAIN 2 ND PHASE, J.P.NAGAR BANGALORE-560 078 12. SMT C.L.ANUSUYA W/O V.RAJASHANKAR AGED ABOUT 46 YEARS R/A NO.456, 13 TH CROSS 5 TH MAIN, D GROUP LAYOUT SRIGANDADAKAVAL BANGALORE-560 091 13. SRI NINGAIAH S/O LATE KEMPAIAH AGED ABOUT 43 YEARS R/A MYLARALINGESWARA NILAYA NO.52, 4 TH STAGE, 4 TH BLOCK OPP. TO MARUTHI VIDYAMANDIRA 3
4 BASAVESHWARANAGAR BANGALORE-79 14. SRI G.H.HANUMANTHAIAH S/O HANUMANTHIAH AGED ABOUT 52 YEARS R/A NO.1001, 2 ND C CROSS 3 RD BLOCK, 3 RD STAGE BASAVESHWARANAGARA BANGALORE-560 079 15. SRI H.S.SIDDAGANGAPPA S/O LATE H.C.SHIVAPPA AGED ABOUT 60 YEARS R/A 53/1, SHIVA KRUPA 1 ST MAIN ROAD, KAVERY LAYOUT NAGARBHAVI ROAD BANGALORE 16. SRI G.SANTHOSH KUMAR S/O G.K.GANGAIAH AGED ABOUT 25 YEARS R/A NO.58, 2 ND CROSS 12 TH MAIN, BSK 3 RD STAGE RAGHAVENDRA BLOCK SRINAGARA BANGALORE-560 050 17. SMT.G.S.LAKSHMI W/O JALARNARASIMHA AGED ABOUT 36 YEARS NO.69, 5 TH CROSS BASAVESHWARA LAYOUT VIJAYANAGARA BANGALORE-560 040 18. SRI H.K.KRISHNA S/O KRISHNEGOWDA AGED ABOUT 58 YEARS R/A NO.B-162, 1 ST FLOOR 5 TH MAIN, KEB LAYOUT BTM LAYOUT (KUVEMPU NAGAR) BANGALORE-560 029
19. K.M.RUKMINI AGED ABOUT 42 YEARS W/O DR.K.L.PRAKASH R/A NO.03 ESI HOSPITAL QUARTERS HUVALLI ROAD DAVANAGERE-577 004 5 20. SMT.SHASHIKALA.V W/O SRI K.VARADARAJU AGED ABOUT 46 YEARS R/A 351, 8 TH CROSS BCC LAYOUT BANGALORE-560 040 (R-5 TO 20 ARE IMPLEADED VIDE COURT ORDERS)... RESPONDENTS (BY SRI B V SHANKARA NARAYANA RAO, ADV., FOR R-1; SRI R.DEVDAS, AGA FOR R-2; SRI APPAJI, ADV., FOR R-3; SRI C.NAGAIAH, ADV., FOR R-4; SRI H.V.KRISHNAMURTHY, ADV., FOR H.P.LEELADHAR & CO., ADVS., FOR R-5 TO 18 & 20; SRI A.G.PRAHALLAD, ADV., FOR R-19) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 -BDA TO PRODUCE BEFORE THIS COURT THE LAYOUT PLAN OF THE 'D' GROUP EMPLOYEES ASSOCIATION APPROVED IN FAVOUR OF THE 4TH RESPONDENT-SOCIETY BY ITS RESOLUTION NO.6/2000 DT. 09.06.2000 AND ETC., THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
6 ORDER Vikramajit Sen, CJ (Oral) There was no appearance on behalf of the Petitioner on 25.07.2012, but in the interest of justice, the Writ Petition was not dismissed on that date but was renotified. Today, the matter has been called out several times. There is still no appearance on behalf of the Petitioner. Dismissed. Interim order passed in this Writ Petition is recalled. The dismissal of this Writ Petition shall not be construed to the effect that we have approved of the incidents mentioned in the Writ Petition. Sd/- CHIEF JUSTICE Sd/- JUDGE bkv