IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE DILIP B BHOSALE

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 01 st DAY OF SEPTEMBER 2014 BEFORE THE HON BLE MR. JUSTICE DILIP B BHOSALE WRIT PETITION NOS /2014 (S-REG) BETWEEN: 1. THE KARNATAKA STATE TALUK MOJINI OPERATORS (LAND SURVEY DEPARTMENT) WELFARE ASSOCIATION (REGD) NO. 10, AGALAKUPPE DABASPET POST SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT BANGALORE REPRESENTED BY ITS PRESIDENT SRI RAJU H S/O HANUMANTHARAYAPPA 2. RAJU H S/O HANUMANTHARAYAPPA AGED ABOUT 26 YEARS WORKING AS MOJINI OPERATOR SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT 3. NARASIMHA MURTHY N S/O NARASIMAIAH AGED ABOUT 31 YEARS DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT 4. RAJESH C N S/O NARAYANA C S AGED ABOUT 24 YEARS

2 2 WORKING AS MOJINI OPERATOR THIRTHAHALLI TALUK SHIMOGA DISTRICT 5. REKHA H M D/O MALLIKARJUNAPPA H E AGED ABOUT 29 YEARS BHADRAVATHI TALUK SHIMOGA DISTRICT 6. SHEELA K B D/O BYRAPPA AGED ABOUT 24 YEARS WORKING AS MOJINI OPERATOR HOSANAGARA TALUK SHIMOGA DISTRICT 7. SURESHA S M S/O MANJAPPA AGED ABOUT 31 YEARS SHIMOGA TALUK SHIMOGA DISTRICT 8. SUMADHARA E S/O LATE ESHWARA REDDY C AGED ABOUT 34 YEARS SHIKARIPURA TALUK SHIMOGA DISTRICT 9. G N MOHAN KUMAR S/O NARAYANASWAMY AGED ABOUT 30 YEARS MANCHENAHALLI HOBLI GOWRIBIDANURU TALUK CHIKKABALLAPURA DISTRICT 10. JAGADISH PRASAD B A S/O ASHWATHANARAYAN AGED ABOUT 28 YEARS

3 3 GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT 11. CHANNAMALLIKARJUNA S/O SOMASHEKARAIAH AGED ABOUT 27 YEARS MANCHENAHALLI HOBLIE GOWRIBIDANURU TALUK CHIKKABALLAPURA DISTRICT 12. MANJUNATHA B N S/O E NANJUNDAPPA AGED ABOUT 36 YEARS BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT 13. MUNESHA R S/O RAMACHANDRA AGED ABOUT 26 YEARS CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT 14. MANJUNATHA K N S/O NAREPPA AGED ABOUT 29 YEARS MUNGANAHALLI HOBLI CHINTHAMANI TALUK CHIKKABALLAPURA DISTRICT 15. M S MURALIDHAR S/O M S NARAYAN BHAGAWAN AGED ABOUT 34 YEARS KUVEMPU NAGARA MANDYA DISTRICT 16. SHIVAPRASAD S/O SWAMY K AGED ABOUT 32 YEARS

4 4 MALAVALLI TALUK MANDYA DISTRICT 17. RAMESH D.C. S/O CHANDRAPPA D.M., AGED ABOUT 30 YEARS, BOOKANAKERE HOBLI, MANDYA DISTRICT. 18. SHANKARA, S/O KALAPPA ARKACHARI, AGED ABOUT 28 YEARS, DHARWAD DISTRICT. 19. NAGARAJU P, S/O SIDDANAVAR, AGED ABOUT 31 YEARS, SINGAV TALUK, HAVERI DISTRICT. 20. GOPAL SWAMY RAO INAMDARA, AGED ABOUT 40 YEARS, HIKERRURU TALUK, HAVERI DISTRICT. 21. KALAPPA AKKASALI, S/O VEERABADRAPPA A, AGED ABOUT 36 YEARS, HOVINAHADAGALI TALUK, BELLARY DISTRICT. 22. MAHANTHESH S/O SHEKARAPPA M.S., AGED ABOUT 28 YEARS, KUDLIGI TALUK, BELLARY DISTRICT.

5 5 23. MARIYAPPA H., S/OHANUMANTHAPPA.H, HAGARI BOMMANAHALLI TALUK, BELLARY DISTRICT. 24. N.VEERENDRA, S/O N. BASAVANAGOWDA, AGED ABOUT 26 YEARS, BELLARY TAALUK, BELLARY DISTRICT. 25. MALLAIAH H. S/O EIRANNA, AGED ABOUT 26 YEARS, SIRUGUPPA TALUK BELLARY DISTRICT. 26. M SADIQ, S/O M.SUBHAN, AGED ABOUT 32 YEARS, SANDUR TAALUK, BELLARY DISTRICT. 27. VENKATESH S/O LATE R. KUPPUSWAMY, AGED ABOUT 26 YEARS, HOSAPET. 28. CHANDRAKANTH M.WADE S/O MAHADEVAPPA, AGED ABOUT 29 YEARS, ALANDA TALUK, GULBARGA DISTRICT. 29. SAIFAN PATEL, S/O KHADAR PATEL, AGED ABOUT 26 YEARS,

6 6 AFZALPURA HOBLI, AFZALPURA TALUK. 30. JYOTHI W/O BASAVARAJU, AGED ABOUT 24 YEARS, GULBARGA TALUK, GULBARGA DISTRICT. 31. DINGAMBAR, S/O.CHANDRASHEKARA, AGED ABOUT 41 YEARS, CHITHAPURA TALUK, GULBARGA DISTRICT. 32. GUNDAPPA, S/O LACHAMAIAH, AGED ABOUT 30 YEARS, CHINCOHALLI TALUK, GULBARGA DISTRICT. 33. NAGAMMA, W/O.SHIVARAYA, AGED ABOUT 21 YEARS, SEDAM TALUK, GULBARGA DISTRICT. 34. VISHWANATH H S/O HANUMANTHAPPA, AGED ABOUT 26 YEARS, GANGAVATHI TALUK, KOPPAL DISTRICT 35. PARASHURAMA S/O RANGAPPA NRERA, AGED ABOUT 28 YEARS, GANGAVATHI TALUK, KOPPAL DISTRICT

7 7 36. BASAVARAJU S/O SHIVALINGAPPA HOTTERA, KUSTAGI TALUK, KOPPAL DISTRICT 37. KAMARAJU S/O MARUTHI DURADUNDI, AGED ABOUT 33 YEARS, KANAKANAVADI TALUK, BELGAUM DISTRICT 38. AJITH S/O PATIL S, AGED ABOUT 30 YEARS, BEGALAUM TALUK, BELGAUM DISTRICT 39 GURULINGA BASAPPA THANGADI AGED ABOUT 29 YEARS, CHIKKODI TALUK, BELGAUM DISTRICT 40. SIDDAPPA AGED ABOUT 35 YEARS, S/O RAMAPPA ADIN GOKAK TALUK, BELGAUM DISTRICT 41. RUDRAIAH AGED ABOUT 27 YEARS, S/O ALLAIAH PARTHANAHALLI MATHOL ATHANI TALUK, BELGAUM DISTRICT 42. QUTUBUDDIN AGED ABOUT 25 YEARS, S/O BILAN SAHEB,

8 8 CHIKKODI TALUK, BELGAUM DISTRICT 43. LAKSHMI SIDDAPPA JATENAVAR AGED ABOUT 29 YEARS, D/O SIDDAPPA JATENAVAR,, RAMDURGA TALUK, BELGAUM DISTRICT 44. ANUJA GOVINDAGIRI AGED ABOUT 30 YEARS, KHANAPURA TALUK, BELGAUM DISTRICT 45. RAVINDRA VITALA KULKARNI AGED ABOUT 44 YEARS, BAILAHONGAL TALUK, BELGAUM DISTRICT 46. CHENDREGOWDA S/O SHIVARUDRAIAH, AGED ABOUT 28 YEARS, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT 47. ANANDA N S/O SHIVARAJU, AGED ABOUT 28 YEARS, RAMANAGARA TALUK, RAMANAGARAR DISTRICT 48. SUMA R D/O RAJANNA, AGED ABOUT 28 YEARS, CHANNAPATNA TALUK RAMANAGARA DISTRICT 49. ASHWINI K D/O DHANANJAYA,

9 9 AGED ABOUT 25 YEARS, MAGADI TALUK, RAMANAGARA DISTRICT 50. POORNIMA SHETTY W/O SANJIVA SHETTY AGED ABOUT 30 YEARS KARKALA TALUK UDUPI DISTRICT 51. SRINIVAS PRASAD S/O LATE ANNAPPA POOJARY AGED ABOUT 28 YEARS KUNDAPURA TALUK UDUPI DISTRICT 52. RUPESH R BANDARI S/O RAMESH BANDARI AGED ABOUT 27 YEARS KUMATA TALUK UTTARA KANNADA DISTRICT 53. GANESH NAIK S/O MASTAPPA NAIK AGED ABOUT 29 YEARS BHATKAL TALUK, UTTARA KANNADA DISTRICT 54. NASREEN BANU D/O HUSEN SAB AGED ABOUT 27 YEARS MUNDGOD TALUK KARWAR DISTRICT 55. SRIDHAR M GOWDA S/O M GOWDA AGED ABOUT 34 YEARS

10 10 SHIRASI TALUK UTTARA KANNADA DISTRICT 56. RAGHAVENDRA S BHAT S/O SRI KRISHNA BHAT AGED ABOUT 34 YEARS YALLAPURA TALUK UTTARA KANNADA DISTRICT 57. SWETHA R PULKAR D/O SEETHA R PULKAR UTTARA KANNADA DISTRICT 58. YOGESH I M S/O I B MOGANNA GOWDA AGED ABOUT 30 YEARS MUDGERE TALUK CHIKKAMAGALUR DISTRICT 59. VIJAY KUMAR S/O VEERABHADRA SHETTY AGED ABOUT 28 YEARS CHIKKAMAGALUR DISTRICT 60. YATHESH R S/O RAMAPPA AGED ABOUT 34 YEARS CHIKKAMAGALUR DISTRICT 61. KUMAR A R S/O RAJU A P AGED ABOUT 29 YEARS N R PURA TALUK CHIKKAMAGALUR DISTRICT 62. SUBASH BAJANTHRI S/O LAKSHMAPPA AGED ABOUT 33 YEARS

11 11 BAJANTHRI ONI HUNAGUNDA TALUK BAGALKOT DISTRICT 63. SATHISH S G S/O SHIVAKUMARAIAH AGED ABOUT 29 YEAS HONNALLI TALUK DAVANAGERE DISTRICT 64. VEERAPPA B G S/O GANGADHARAPPA AGED ABOUT 40 YEARS CHANGIRI TALUK DAVANAGERE DISTRICT 65. VISHWANATH N S/O JAGADISHAPPA N AGED ABOUT 24 YEARS CHANGIRI TALUK DAVANAGERE DISTRICT 66. D.N.RAJESH S/O D.N.NINGAPPA, AGED ABOUT 38 YEARS, HOLALAKERE TALUK, CHITRADURGA DISTRICT. 67. KARIBASAPPA S/O OBAPPA, AGED ABOUT 26 YEARS, HOSADURGA TALUK, CHITRADURGA DISTRICT. 68. PRASHANTHI S. ACHARI W/O DEVARAJU.T. AGED ABOUT 28 YEARS, HIRIYURU TALUK, CHITRADURGA DISTRICT.

12 PRASANNA KUMAR R.S. S/O R.C. SHIVAPPA, AGED ABOUT 30 YEARS, HOLALAKERE TALUK, CHITRADURGA DISTRICT. 70. PAPAYYA S/O BORANAYAKA, AGED ABOUT 29 YEARS, CHALLAKERE TALUK CHITRADURGA DISTRICT. 71. S. SWAMYNATH S/O SRINIVAS GOWDA, AGED ABOUT 31 YEARS, PIROYAPATNA TALUK, MYSORE DISTRICT. 72. MAHADEV SWAMY K.G. S/O GOVINDA GOWDA, AGED ABOUT 24 YEARS, MIRLE HOBLI, K.R.NAGARA TALUK, MYSORE DISTRICT. 73. BASAVA NAYKA S/O SIDDANAYKA, AGED ABOUT 30 YEARS, HUNASUR TALUK, MYSORE DISTRICT. 74. MAHADEVA T.P. S/O PATTAIAH, AGED ABOUT 37 YEARS, TALAKADU HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT. 75. BALAKRISHNA B.R. S/O RAJANNA, AGED ABOUT 25 YEARS, KORATAGERE TALUK, TUMKUR DISTRICT.

13 LATHAMANI H.S. D/O SHIVAIAH, AGED ABOUT 24 YEARS, TIPTUR TALUK, TUMKUR DISTRICT....PETITIONERS (BY SRI.V.LAKSHMINARAYANA, SR.ADV.. FOR BALAJI ASSTS.,) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, SACHIVALAYA, M.S.BUILDING, BANGALROE THE DIRECTOR OF SURVEY SETTLEMENT & LAND RECORDS, NO.1, SURVEY COMPLEX, K.R.CIRCLE, BANGALORE THE DEPUTY COMMISSIONER CHITRADURGA, CHITRADURGA DISTRICT THE DEPUTY COMMISSIONER DODDABALLAPUR DODDABALLAPUR DISTRICT THE DEPUTY COMMISSIONER SHIMOGA SHIMOGA DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS SHIMOGA DISTRICT THE DEPUTY COMMISSIONER CHIKKABALLAPUR CHIKKABALLAPUR DISTRICT

14 14 8. THE DEPUTY DIRECTOR OF LAND RECORDS CHIKKABALLAPUR DISTRICT THE DEPUTY COMMISSIONER MANDYA MANDYA DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS MANDYA DISTRICT. 11. THE DEPUTY COMMISSIONER DHARWAD DHARWAD DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS DHARWAD DSITRICT THE DEPUTY COMMISSIONER HAVERI HAVERI DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS HAVERI DISTRICT THE DEPUTY COMMISSIONER BELLARY BELLARY DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS BELLARY DISTRICT THE DEPUTY COMMISSIONER GULBARGA DISTRICT, GULBARGA

15 THE DEPUTY DIRECTOR OF LAND RECORDS GULBARGA DISTRICT THE DEPUTY COMMISSIONER KOPPAL KOPPAL DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS KOPPAL DISTRICT THE DEPUTY COMMISSIONER OF LAND RECORDS BELGAUM BELGAUM DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS BELGAUM DISTRICT THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARAM THE DEPUTY DIRECTOR OF LAND RECORDS RAMANAGARA DISTRICT THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI THE DEPUTY DIRECTOR OF LAND RECORDS UDUPI DISTRICT THE DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT UTTARA KANNADA.

16 THE DEPUTY DIRECTOR OF LAND RECORDS UTTARA KANNADA DISTRCIT THE DEPUTY COMMISSIONER KARWAR KARWAR DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER KARWAR DISTRICT THE DEPUTY COMMISSIONER BAGALKOT BAGALKOT DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER BAGALKOT DISTRICT THE DEPUTY COMMISSIONER DAVANAGERE DAVANAGERE DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT THE DEPUTY COMMISSIONER MYSORE MYSORE DISTRICT THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER MYSORE DISTRICT THE DEPUTY COMMISSIONER TUMKUR TUMKUR DISTRICT

17 THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER TUMKUR DISTRICT RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA) THESE W.Ps. FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE SERVICES OF THE PETITIONERS ON THE LINE OF THE DIRECTIONS ISSUED BY THIS HON'BLE COURT IN W.P. NOS /2012 DISPOSED OF ON , CONFIRMED IN W.A. NOS & /2012 DISPOSED OF ON VIDE ANN-G & H AND EXTEND THE BENEFITS OF ABSORPTION AND SERVICE WEIGHTAGE BY TREATING THEIR SERVICE AS 'ESSENTIAL SERVICE' & ETC., THESE W.Ps. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- PC: Heard learned senior counsel for the petitioners and learned AGA for the respondents. 2. Learned senior counsel for the petitioners, does not press these writ petitions on merits and seeks liberty to the petitioners to make representation for the reliefs as prayed for in the present writ petitions and seeks direction to the concerned authority to consider their representation in the light of the judgment of

18 18 this Court dated rendered in W.A.No.5127/2012 & connected appeals. 3. Learned AGA for the respondents, submits that if the petitioners make representation, as aforementioned, same shall be considered and decided in accordance with law. 4. Having considered the submissions of learned counsel for the parties, I dispose of these writ petitions by the following order:- (i) Petitioners to make a representation duly signed by them all, addressed to the 1 st respondent, within a period of three weeks from today. They shall also place the judgment of this Court dated passed in W.A.No.5127/2012 & connected appeals, along with the representation. (ii) It is needless to mention that the petitioners in the representation shall make out a case for the reliefs, as prayed for, in

19 19 the writ petitions, in the light of the judgment of this Court dated (iii) If the petitioners make representation, as aforementioned, the 1 st respondent may consider and deal with the same on merits, in accordance with law, as expeditiously as possible and preferably within a period of four months from the date of its presentation. (iv) It is open to the 1 st respondent to seek report from the 2 nd respondent, if it deems fit and proper. (v) The 1 st respondent shall communicate its decision to the petitioners within a period of four weeks from the date of decision. open. (vi) All contentions on merits are kept (vii) While passing this order, it is made clear that this Court has not considered the petitioners entitlement of the reliefs that

20 20 they propose to seek by way of representation. (viii) I hope and trust that the 1 st respondent shall consider their representation, strictly in accordance with law. 5. With these observations, the petitions are disposed of as not pressed. Srl. Sd/- JUDGE