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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF SEPTEMBER 2014
PRESENT
THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE H.G.RAMESH
WRIT PETITION Nos.6842-6880/2010 (S-KAT) C/W
WRIT PETITION Nos.15002/2011 &
21131-21146/2011,16948-16995/2010, 8215/2010,
8715/2010 & 8906/2010, 10106/2010 & 12726-
12763/2010, 17294-17327/2010, 17481/2010 &
17485-17490/2010 & 17723-17727/2010,
19401/2011 & 21520-21530/2011, 24525/2010,
41905-41908/2010 & 6747-6758/2011,
908-911/2011, 103593/2014 & 103620-
103657/2014 (S-KAT) IN WP Nos.6842-6880/2010 (S-KAT) BETWEEN:
1. MAHESH A C S/O CHANDREGOWDA AGED 35 YEARS, NO.28/2, ARALAGUPPE
VITULAPURA POST, K.R.PET TALUK MANDYA DISTRICT
2. ARUN PATIL S/O SURENDRA S PATIL DELETED V/O DTD. AGED 39 YEARS 05.03.2010
3. SURESH C S/O CHANNAPPA POOJAR
AGED 35 YEARS, KURUBARABEEDI
JANNAPURA, BHADRAVATHI 4. SHIVANANJEGOWDA B N
S/O NANJEGOWDA B C AGED 32 YEARS, NO.37, M.E.S.ROAD OPP:MOTHER THERESA SCHOOL
MUTHYALAMMA NAGARA JALAHALLI, BANGALORE 560 054
R
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5. CHANDRAKANTH DELETED S/O GURUSIDDAPPA HULSURE
AGED 31 YEARS V/O DTD. 6. MAESH JALWADI S/O MALLIKARJUNA 05.03.2010
AGED 39 YEARS 7. H G SOMASHEKAR
S/O H A GANGEGOWDA AGED 36 YEARS BEHIND T.B. SAKREPATNA – 577 135
KADUR TALUK, CHIKKAMAGALUR DISTRICT 8. K RAJESH S/O K RAMESH SHET
AGED 37 YEARS, DAIVAJNA COMPOUND BTR ROAD, OPP. M.G.PARK KUNDAPURA – 576 201
9. K YOGENDRA S/O KRISHNAPPA
AGED 36 YEARS
NO.16, ESHWAR RAO COMPOUND 8TH MAIN, T.DASARAHALLI
NAGASANDRA POST BANGALORE – 560 073
10. K MARILINGAPPA DELETED S/O NINGAPPA K V/O DTD. AGED 40 YEARS 05.03.2010
...PETITIONERS (BY SRI H. SUBRAMANYA JOIS, SR. COUNSEL FOR
SRI K.C.SHANTHAKUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT M.S.BUILDING, DR.AMBEDKAR ROAD BANGALORE-560 001
2. THE COMMISSIONER FOR TRANSPORT
IN KARNATAKA, 5TH FLOOR, M.S.BUILDING
DR.AMBEDKAR ROAD BANGALORE 560 001
3. SRI B. P. NAVEEN S/O MR. PUTTASWAMI GOWDA
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AGED ABOUT 31 YEARS R/O No.276/141, 9TH MAIN
PIPELINE, VIJAYNAGAR BANGALORE – 560 040
4. SRI HUSSAIN SAB AGED ABOUT 28 YEARS RESIDING NEAR BIG WATER TANK
BAGALKOT-587101 5. SRI MALLESHAPPA P SAJJAN
AGED ABOUT 39 YEARS R/A NO.32, NEAR KARNATAKA SEEDS CORPORATION, 22ND CROSS, VIJAYANAGAR
VIDYAGIRI, BAGALKOT 6. SRI VINAY KUMAR
S/O SRI HANUMANTHAPPA BAJANTHRI AGED ABOUT 39 YEARS, R/A PAVAN NILAYA SAPTAGIRI LAYOUT, GADDANAKERI
BAGALKOT DISTRICT
7. SRI SANTOSH KUMAR KOMPI AGED ABOUT 28 YEARS, R/A NO.77, WARD NO.1 HIREHADAGALLI, BELLARY DISTRICT
8. SMT. KAVITHA T N
AGED ABOUT 32 YEARS
R/A NO.103, 2ND FLOOR 2ND CROSS, RAILWAY COLONY RAMAKRISHNA NAGAR
4TH BLOCK, NANDINI LAYOUT, BANGALORE 9. SRI MOHAMMED SHARIEF M SHEKHAJI
S/O SRI SHEIKJI, AGED ABOUT 30 YEARS R/A NO.18, I FLOOR ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI, 2ND BLOCK RAJAJINAGAR, BANGALORE
10. SRI RAGHAVENDRACHARI C/O M CHALAPATHI, AGED ABOUT 34 YEARS R/A NO.307, 8TH CROSS, SARASWATHIPURAM
NANDINI LAYOUT, BANGALORE 11. SRI UDAY S NAIK
AGED ABOUT 39 YEARS
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R/A NO.78/2K, 13TH CROSS I BLOCK, RAJAJINAGAR, BANGALORE
12. SRI BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
R/A No.669, MARUTHI NILAYA MUNICIPAL QUARTERS ROAD SUBASH NAGAR, NELAMANGALA
BANGALORE 13. SRI GOPAL S C/O YUSUF SHARIFF
AGED ABOUT 35 YEARS R/A NO.22/1, 2ND FLOOR KAVERAPPA LAYOUT
MILLER TANK BUND ROAD NEAR JAIN HOSPITAL, BANGALORE
14. SRI SHIVAPPA ALAGAWADI AGED ABOUT 47 YEARS R/A HOUSE NO.1, KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE 4TH CROSS, II WARD, K.G.HALLI
BANGALORE 15. SRI MURTHY NAIK K
AGED ABOUT 49 YEARS R/A NO.317, 11TH CROSS 17TH MAIN ROAD
SWATANTRAYODHANAGAR MAHALAKSHMIPURAM, LAGGERE BRIDGE BANGALORE
16. SRI SANTOSH M PATIL
AGED ABOUT 31 YEARS
R/A LAKSHMI NIVAS RAJENDRA NAGAR SOLLAPUR ROAD, BIJAPUR
17. SRI DATTATRAY MASKI
AGED ABOUT 35 YEARS
C/O LAKSHMAN MASKI R/O GYAN BOWDI ROAD NEW KUMBAR GALLI, BIJAPUR
18. SRI DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
R/A NO.64/4, KASAGERI STREET BIJAPUR
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19. SRI RAVISHANKAR NAGATHAN
AGED ABOUT 36 YEARS R/A SAMRUDHI NILAYA OPP:SRI MALLIKARJUN ASHRAM
BIJAPUR 20. SRI PARVEEZ M G
AGED ABOUT 34 YEARS R/A NO.189, GROUND FLOOR 11TH CROSS, DEVARAJ URS LAYOUT
A BLOCK, DAVANAGERE 21. SRI MAHESH KUMAR MENASINKAI
AGED ABOUT 39 YEARS S/O SRI V B MENASINAKAI R/A & POST:BELLATTI
SIRAHATTI TALUK GADAG DISTRICT
22. SRI PANCHAKSHARI ALAVANDI AGED ABOUT 30 YEARS
R/A & POST:DAMBAI MUNDARAGI TALUK GADAG DISTRICT
23. SRI MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS
C/O SHANKARAPPA LAXMAPPA VALMIKI R/A OLD BALAVINAYAK SCHOOL VAKIL CHAWAL, GADAG
24. SRI NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O V F HOSAMANI R/A & POST:SHAGOTI,GADAG DISTRICT
25. SRI PRAKASH HULLE AGED ABOUT 28 YEARS R/A LIG 15, III PHASE
BADEPUR COLONY SEDAM ROAD, GULBARGA
26. SRI AYYALAPPA S/O SRI BHEEMAPPA AGED ABOUT 44 YEARS R/A KANDAKAR POST
YADAGIRI TALUK, GULBARGA DISTRICT
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27. SRI JAGADISH H S S/O SUNDAR SWAMY H K AGED ABOUT 40 YEARS
R/A No.357, BEHIND UDACHALAMBHA TEMPLE HASSAN
28. SRI RAGHAVENDRA H V S/O VENKATARAMANAIAH H N AGED ABOUT 38 YEARS, R/A SUSHIL NIVAS
SEETHA VILAS ROAD FORT HOLENARASIPURA, HASSAN DISTRICT
29. SRI ANANTHARAMU S/O GOVINDARAJU AGED ABOUT 27 YEARS, R/A K.H.B. NO.3/LIG II SANTEE MARUR POST, ARAKALGUD TALUK
HASSAN DISTRICT 30. SMT. AMULYA D/O SRI JAGADISH
AGED ABOUT 32 YEARS, R/A AMULYA NIVAS NO.1240, RAKSHINAPURA, HASSAN
31. SMT. ASHA N R AGED ABOUT 36 YEARS
R/A NO.1553, SALGAME ROAD SARASWATHIPURAM OPP.SANJIVINI HOSPITAL, HASSAN
32. SRI RAJU BASSAPPA ALAGUNDI
AGED ABOUT 33 YEARS
R/A NO.10B, VENKATESH COLONY BENGERI, HUBLI, DHARWAD
33. SRI SRINIVAS MURTHY G N S/O G P NARAYANASWAMY AGED ABOUT 33 YEARS
R/A DALASANUR POST AND VILLAGE SRINIVASAPURA, KOLAR DISTRICT
34. SRI PUTTASWAMY R AGED ABOUT 40 YEARS R/A AND VILLAGE RAYASAMUDRA
POST RAYASAMUDRA, K.R.PET TALUK MANDYA DISTRICT
35. SRI SUBHASH M S AGED ABOUT 33 YEARS R/A NO.216, 1ST CROSS
4TH MAIN, H BLOCK, R.K.NAGAR, MYSORE
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36. SRI RAGHAVENDRA A R
AGED ABOUT 33 YEARS R/A NO.1914, 3RD CROSS 14TH MAIN, II STAGE, MYSORE
37. SRI RANGANATH S/O RANGAPPA
AGED ABOUT 31 YEARS
R/A CHIKKEGOWDANAPALYA MADIKEHALLI POST, KOTTAGERE KUNIGAL TALUK, TUMKUR DISTRICT
38. SRI BASAVARAJU K C S/O CHANDRASHEKAR K L
AGED ABOUT 41 YEARS, R/A BASAVAKRUPA
NO.22, OPP:UCO BANK, BATAWADI, TUMKUR 39. SMT. VIDYA N D/O L NARASIMHAN
AGED ABOUT 28 YEARS, R/A HAMSA NILAYA BEHIND DEEPAK CABLES 10TH CROSS, VIDYANAGAR, TUMKUR
40. SRI P PRADEEP KUMAR
AGED ABOUT 30 YEARS R/A NO.258, NEAR KALABYRAVESHWARA TEMPLE THIMMANAHALLI, C.N.HALLI, TUMKUR
41. SRI PRAKASH T M S/O MALATHESAIAH T N
AGED ABOUT 32 YEARS
R/A THOSRESURAGONDANAHALLI HULIYUR POST AND HOBLI
42. SRI ANAND REDDY S/O R. NARAYANA REDDY AGED ABOUT 35 YEARS
RAJU NILAYA, KVOR COLONY HAGARI BOMMANAHALLI BELLARY DISTRICT
(IMPLEADED V/O DTD.17.6.2010) ... RESPONDENTS
(BY SRI MADHUSUDAN R NAIK, SR. ADVOCATE AS SPL. COUNSEL ALONG WITH SRI RAVINDRA D.K., ADVOCATE FOR R1 & R2; SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES,
ADVOCATES FOR R3, R8-R10, R13, R15, R18, R20, R21, R23, R24, R25 & R27 – R31, 33-41; SRI S M BABU, ADVOCATE FOR R4, R5, R14, R16, R17,R19 & R22; SRI C.M.NAGABHUSHAN &
SRI P.V.CHANDRASHEKAR, ADVOCATES FOR R6, R7 & R26; SRI H KANTHARAJ, ADVOCATE FOR C/R12;
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SRI V LAKSHMINARAYAN, SR. COUNSEL FOR SRI L. VIJAYAKUMAR, ADVOCATE FOR R42;
SRI D N NANJUNDAREDDY, SR. COUNSEL FOR NITYANAND, ADVOCATES FOR R11 & R32)
WRIT PETITION Nos.6842-6880/2010 ARE FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO, CONNECTED WITH
CONCERNING THE IMPUGNED ORDER VIDE ANNEX-A DTD. 2.3.2010 PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE IN A.NO.1212-1250/2010, PERUSE THE SAME AND
DECLARE AND QUASH THE SAID ORDER AND THE PROCEEDINGS CULMINATING IN THE SAME AS ILLEGAL AND UNSUSTAINABLE AND ETC.,
IN WP Nos.15002/2011 &
21131-21146/2011 (S-KAT)
BETWEEN: MR KAMBLE SATISHKUMAR
AGED 42 YEARS, S/O SHANKAR R/AT NAGARAL, CHIKKODI TALUK BELGAUM DISTRICT 591 247 ... PETITIONER
(By SRI SHRIDHAR PRABHU, ADVOCATE)
AND: 1. THE STATE OF KARNATAKA
DEPARTMENT OF TRANSPORT MULTI-STORIED BUILDINGS DR AMBEKAR VEEDHI, BANGALORE 560 001
(REPRESENTED BY ITS PRINCIPAL SECRETARY) 2. KARNATAKA PUBLIC SERVICE COMMISSION
HAVING ITS OFFICE AT PARK HOUSE BANGALORE 560 001 (REPRESENTED BY ITS SECRETARY)
3. THE COMMISSIONER OF TRANSPORT AND ROAD SAFETY
GOVERNMENT OF KARNATAKA 5TH FLOOR, M S BUILDING DR AMBEDKAR VEEDHI
BANGALORE 560 001 4. MR. H.G.SOMASHEKARA, S/O H.A.GANGEGOWDA
AGED ABOUT 34 YEARS
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BEHIND T.B.SAKREPATNA KADUR TALUK, CHICKMAGALUR DISTRICT
5. MR. MARILINGAPPA K S/O NINGAPPA K.L
AGED 34 YEARS RAMAPURA POST, KUDLIGI TALUK BELLARY
6. MR. VENUGOPAL S/O LATE K.M.SHIVARAM
AGED 37 YEARS DOOR NO.97, F KOLIDARA ROAD JAYALAKSHMIPURAM, MYSORE
7. MR. VEERABHADRAPPA HARIHAR AGED 35 YEARS, S/O MR. GURUSHANTHAPPA
3247, VEERESHKRUPA, 11TH MAIN 2ND CROSS, MC.C. B BLOKC DAVANAGERE
8. MR. KUMARA H.M
S/O SRI MALIRANGAIAH AGED 38 YEARS NO.18/4(1), SUDARSHAN BADAVANE
MADIKERI 9. MR. K. YOGENDRA
AGED 31 YEARS S/O MR. KRISHNAPPA NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T. DASARAHALLI NAGASANDRA POST, BANGALORE
10. MR. ANANDA KUMAR B.G AGED 30 YEARS S/O MR. GOVINDAPPA
NO.64, 1ST MAIN ROAD PARVITHIPURAM, BANGALORE
11. MR. HAREESH B K AGED 30 YEARS S/O C. KODANDARAM
NO.29, 5TH CROSS, 6TH A MAIN J.P.NAGAR, 2ND STAGE BANGALORE
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12. S.G.JAMALUDHEEN S/O S.S GHAZNAVI
AGED ABOUT 48 YEARS RESIDING AT NO.22/1, 6TH CROSS REHMAT NAGAR, R.T.NAGAR POST
BANGALORE – 560 032 13. H.S.HIREMATH
SON OF S.S.SEETHARAMU AGED ABOUT 30 YEARS RESIDING AT DOOR NO.ES 720
III MAIN ROAD, KUVEMPUNAGAR HASSAN – 573 201
14. T.H.MAHESH KUMAR S/O T.G.HANUMANTHA RAO AGED ABOUT 33 YEARS
RESIDING AT NO.143, ‘ANNAPOORNESHWARI’ 2ND CROSS, 5TH MAIN, JAYANAGAR EAST SHETTIHALLI MAIN ROAD
TUMKUR
15. V. RAVI, S/O N VEERBHADRAPPA AGED ABOUT 42 YEARS NO.55, 4TH CROSS, LINK ROAD
MALLESHWARAM BANGALORE – 560 003
16. T. MURALIDHARA S/O C THIMMAIAH AGED ABOUT 42 YEARS
RESIDING AT NO.3531, 7TH CROSS GAYATHRI NAGAR BANGALORE – 560 021
17. RAMESH B S S/O B. K. SEETHARAMAIAH
AGED ABOUT 39 YEARS NO.295, 8TH MAIN, 15TH CROSS WILSON GARDEN, BANGALORE
18. M.D.SHARASH CHANDRA HEGDE S/O K. DEVARAJA HEDGE
AGED ABOUT 37 YEARS NO.168/F3, SHRINAGAR, 8TH MAIN SARVAJANIKA HOSTEL ROAD
VIDYARANYAPURAM MYSORE – 570 008
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19. MOHD. JAFAR SADIK S/O T.N.NAVALI
AGED ABOUT 33 YEARS FIZA COMPUTERS, 1ST FLOOR ABU BAKAR COMPLEX
DAILY MARKET ROAD, KILLA AREA GANGAVATHI – 583 227
20. MAHESH A.C S/O CHANDRA GOWDA AGED ABOUT 32 YEARS
NO.36, ARALAKUPPE VITALAPURA POST, K.R.PET TALUK MANDYA DISTRICT
21. SURESH C S/O LATE CHANNAPPA
AGED ABOUT 32 YEARS NO.L-07, KALABHYRAVA NILAYA 4TH MAIN ROAD, HEBBAL I STAGE
METAGALLI, MYSORE – 570 016
22. NAGARAJ SHELAGI S/O SABANNA B SHELAGI AGED ABOUT 30 YEARS
HOUSE NO.424/C SHANTHINIKETHAN COLONY O/H DAEWOO MOTORS
BHAIRIDEVER KRUPA P.B.ROAD, HUBLI – 580 025
23. R. RAGHUNANDAN S/O A.P.RAJAGURU AGED ABOUT 24 YEARS
NO.77, H.V.R. LAYOUT 6TH MAIN, BANGALORE – 560 079
24. VISHWANATH SHETTAR NO.278, WARD NO.8 BALULAMUTT
OPP. STATION ROAD BAGALKOT – 587 101
25. MANJUNATH G R S/O G. K. RANGACHARI GOWDARAKALLI, NEEJIGERE POST
SAKALESHPUR TALUK HASSAN DISTRICT -573 134
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26. SURESH B.M
S/O MUDDERE GOWDA G.K SRIDEVI NILAYA, POST OFFICE ROAD HALAGUR, MALAVALLI TALUK
MANDYA DISTRICT – 571 421 27. SURESH
NO.1775/17, VINAYAK NAGARA POST NIJAGUNDI B. BAGEDAWADI TALUK
BIJAPUR – 586 213 28. PRAVEEN N.S
NO.84/2 B, 5TH CROSS RAJENDRA NAGAR MYSORE – 570 007
29. HARSHA H.P C/O M. PARAMESHWARAPPA
MARUTHI NILAYA UNION COLONY
HEAD POST OFFICE ROAD CHITRADURGA – 577 501
30. SANTOSH SHETTY S/O HARIYANNA SHETTY MALEKABBINABYLE POST AND VILLAGE
HULLUR, KUNDAPUR – 578 229 31. SHIVAKUMAR N
NO.63, BELEGERE NANJUNGUD TALUK MYSORE – 571 129
32. H.R. PRAKASH HKANUTHUR VILLAGE AND POST
MUDUGERE TALUK, CHIKKAMANGALORE 33. K.V.NAGARAJ
S/O VEERABHADRAPPA KALPUR POST CHAMARAJANAGAR
TALUK AND DISTRICT 34. YOGESH C
C/O K.R.HANUMAPPA BAGANNA NILAYA
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10TH CROSS, IUDP LAYOUT N.H.4, BANGALORE ROAD
CHITRADURGA 35. MAHESH C MATTAPATHI
C/O C.B.MATTAPATHI MARDIMUTT AT POST, GOKAK TALUK
BELGAUM DISTRICT 36. R. RAKESH
KAMALLAMMA KEMPANNA COMPUND VENUGOPALASWAMY TEMPLE ROAD 4TH BLOCK, D.B.SANDRA
VIDYARANYAPURAM, BANGALORE 37. C.N.KANNAN
S/O NAJAIAH M.B KARINAJAPURA LAYOUT SOMAVARPET POST
CHAMARAJANAGAR TALUK AND DISTRICT
38. J.V.SUNDAR NO.230, OPH ROAD
NEAR JAIN TEMPLE BANGALORE – 560 051
39. PRASHANTH MARALINGANAVAR AT POST KULLUR RAMADURGA, BELGAUM
40. YOGESH NO.6531, BASAVAKRUPA
16TH CROSS, NAGESHWARAN LAYOUT NANJANGUD, MYSORE.
41. SIDDALINGESH BELAD S/O D.V.BELAD
SIDDALINGA SADAN 3RD MAIN ROAD 2ND CROSS, HUDCO COLONY
GADAG 42. IMTHIAZ PASHA
NO.3718/2, 8TH CROSS 9TH MAIN ROAD
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KAUVERI NAGAR BSK 2ND STAGE
BANGALORE – 560 070 43. VINAY CHOUDHARI K
NO.7, 3RD CROSS SURVEY NO.129, KRISHNAPPA LAYOUT BEM NAGAR, 8TH STAGE
BANGALORE – 560 098 44. KESHAVAPPA N
NO.1609, HBR LAYOUT NEAR 10TH BMTC DEPT KACHARAKKANAHALLI
KALYAN NAGAR POST BANGALORE – 560 043
45. MOHD. KHALEEL A. S J.C.R. EXTENSION 2ND CROSS, NEAR KANNADA
PRIMARY SCHOOL, CHITRADURGA -1
46. C. SUNIL, NO.30/1, MANJUNATHASWAMY NILAYA CHOWDESHWARI TEMPLE STREET BATAWADI, TUMKUR – 3
47. MARUTHI NAIK TARI BAGELU, HEGDE POST, KUMTA TALUK
UTTAR KANNADA DISTRICT – 581 330 48. C.S.SATISH
NO.8/1, BHARATHI NILAYA JYOTHI RAO LANE 3RD CROSS AT STREET
YESHWANTHPURA BANGALORE – 560 022
49. JAVARAIAH K SON OF KARAGAIAH NO.112, EWS NEAR MADEGOWDA CIRCLE
1ST STAGE, HEBBAL MYSORE – 570 018
50. ABDUL NAZIM CHARGEMAN KSRTC, SHIVANASAMUDRAM BLUFF
MALAVALLI TALUK MANDYA DISTRICT
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51. BALACHANDRA THODALABAGI S/O H.S.THODAIABAGI
CHALUKYANAGAR, SHOLAPUR ROAD BIJAPUR – 1
52. BASAVARAJU M S/O MUNISWAMY SHIVKRUPA
MINI VIDHANA SOUDHA ARASIKERE 2ND BLOCK RAJAJINAGAR
BANGALORE – 560 010 53. PUTTUSWAMY H.N
NO.16, MANJUNATHSWAMY NILAYA 19TH ‘A’ MAIN ROAD NEAR VENKATESHWARA THEATRE
G.E.F.POST, AVALAHALLI BANGALORE – 560 028
54. PRABHAKAR N S/O M NARASIMHAIAH
NAGUVANAHALLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 438
55. PRABHAKAR S/O SHARANAPPA CHAWHAN
JAVALGAZ, ALAND GULBARGA
56. ASHFAN B S S/O HAMSUDDIN B.A NEAR SHIFFAQ CLINIC GANAPATHI STREET
MADHIKERE – 571 201 57. K.G.RAMASWAMY
NO.126, 8TH CROSS 8TH BLOCK, B.D.A. LAYOUT NAGARABHAVI 2ND STAGE
BANGALORE – 560 072 58. NANDISH S.N
S/O NANJUNDAGOWDA S.T SIDDANNAHALLI VILLAGE S. MADANANGALA POST
BANGALORE – 563 114
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59. C. TIPPESWAMY NO.1537, 4TH C MAIN ROAD
1ST FLOOR, REMCO LAYOUT VIJAYANAGAR POST 2ND STAGE, BANGALORE – 560 040
60. B.S.NANDISH S/O SRINIVASAMURTY
BASAVARAJANAGAR BENDIKERE POST ARASIKERE TALUK
HASSAN 61. N. PRABHU
S/O NANJUNDAIHA M VIVEKANANDANAGARA GARDEN HOUSE
BANGARPET – 583 114 62. JAGADISH.G
C/O D.K. DANNIMANNA KANIVENILAYA
NO.189, MAHALAKSHMINAGAR BATAWADI, TUMKUR – 572 103
63. SHARANAIAH S/O RAMAIAH VIBUTH HUDGI POST, HUMNABAD
BIDAR DISTRICT – 585 329 64. RAMACHANDRA K.P
NO.678, MAIN ROAD KIKKERI, K.R.PET TALUK MANDYA DISTRICT
65. RAJESH S.P NO.12, 8TH CROSS
8TH MAIN, VIDHYARANYAPURAM MYSORE – 570 008
66. ARUN FAKIRAPPA KATIMANI C/O F.K.KORAVAR BUILDING KARGO ROAD, GADAG-1
67. RAGHU. M H TRUPTHI 2ND CROSS, 80 FEET ROAD
BATAWADI, TUMKUR-3
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68. PAVITHRA K D/O LAKSHMAN PUJARI K
BANERE COMPOUND, ULLANDI PUTTUR, DAKSHINA KANNADA – 574 201
69. RAVIRAJ SINDU, NO.F1/10 PARASVADI, 2ND STAGE, KESHAVAPUR
HUBLI-30 70. SAIFUDDIN KHAR
M.I.G.85, NE3AR HUDECO STAGE BANNIMANTAP, MYSORE- 15
71. DILIP KUMAR R NO.1075, 32ND CROSS SIR M.V. EXTENSION
S.I.T. MAIN ROAD TUMKUR- 2
72. VISHWAJEET MALAJURE NO.310, SHRAVANTHI WOODS
NOBO NAGAR, BANNERGHATTA ROAD BANGLAORE – 560 078
73. SHAMBUSHEKAR J M NO.97, 8TH CROSS, ‘A’ BLOCK D. DEVARAJ URS LAYOUT
DAVANAGERE – 6 74. SHEKAR A
NO.1, KONNAKUNTE CROSS KANAKAPURA MAIN ROAD BANGALORE – 560 006
75. VENKATAPPA NO.1-5-207, NEAR SBH
GURUMITKAL PSOT, YADAGIR TALUK GULBARGA DISTRICT – 585 214
76. T. SUDHIR BABU S/O C. THIMAPPA NO.2056, SRI BALAJI KRUPA
CHELAVAIAH STREET RAMAMURTHY NAGAR BANGALORE – 560 016
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77. VIJAY KUMAR D.H C/O SATHYANARAYANA
NO.775, EWS HOUSING BOARD KUVEMPU NAGAR HASSAN – 1
78. MAHANTHESH SRILSHYLA MALLIKARJUNA NILAYA
NEAR WATER TANK BUS STAND, LINGASUGUR – 584 122
79. RAMESH SHANKAR MILAGI AUTO MOBIL ENGINEER B-21, HEERANAGAR, FACTORY COLONY
SANKESHWAR – HUKKERI BELGAUM DITRICT – 591 314
80. OM PRAKASH ADIN APDOUPPARATHI GOKAK, BELGAUM DISTRICT – 581 233
81. G.N.SURESH
S/O NELAKANTAIAH LINGANAHALLI POST, CHENNAGIRI SHIMOGA DISTRICT – 577 221
82. T.S.GIRIDHAR NO.447B, 9TH CROSS, 2ND STAGE
J.P.NAGAR, BANGALORE – 560 078 83. MRUTHUNJAYA HONNAKERE
NO.8, 9TH CROSS, VISHWESHNAGAR HUBLI – 32
84. NAGARAJ D.B S/O BORAPPA DODDENAHALLI, RANGASAMUDRA
PAVAGADA, TUMKUR DISTRICT – 581 202 85. MR. SUDHAKAR M N
R.R.ENTERPRISES, NO.41 D.DUTHIL, YESHWANTHAPURA INDUSTRIAL SUBURB
BANGALORE – 560 022 86. SURESH KUMAR R S/O N RAMANNA
TELEPHONE EXCHANGE KUDUR, MAGADI TALUK
-19-
87. G.NAGARAJA
S/O LATE GOSHAPPA SASALAKUNTE POST PAVAGADA TALUK
TUMKUR DISTRICT – 581 202 88. SADRULLA SHARIFF H
C/O NAGENDRA, MAVINAKERE ROAD MAYASANDRA PSOT, TURUVEKERE TUMKUR DISTRICT – 572 221
89. H PRASANNA NO.151/B, 3RD BLOCK
KENDRIYA VIHAR, YELAHANKA BANGALORE – 560 084
90. MR. SOMASHEKAR PRABHU NO.116, 2ND STAGE, HANUMAN NAGAR BELGAUM – 590 001
91. MR. MALLIKARJUNA
HOSA AGRAHARA, K.R.NAGAR TALUK MYSROE DISTRICT – 571 602
92. PRAKASH HULBATTI C/O HEMAPPA M SANGAMESHWAR NILAYA
SUNDARGERE STREET HASARAPANNAHALLI DAVANAGERE DISTRICT – 583 131
93. ASADULLA BAIG. M M NO.D-1/352, NEAR MOSQUE
2ND MAIN ROAD, R. LEELAVATHI EXTENSION MADDUR, MANDYA DISTRICT
94. RANJITHA B K NO.257, TEJESH NILAYA HOYSALA NAGAR, BERANAHALLI KERE
POLICE COLONY HASSAN – 573 201
95. PARAMANANDA SAJJAN BYCODE, SINDAGI TLUK BIJAPUR DISTRICT – 586 128
-20-
96. GOVINDALALU RAHOD S/O LALU RATHOD, ARAKERE
L.T.3, BIJAPUR – 586 103 97. NAYAS KHAN PATTAN
AZAD NAGAR, HEREKERUR TALUK HAVERI DISTRICT – 581 111
98. MR. VARADARAJU NAIKARAHALLE RASTHE BANDALI POST, KOLLEGAL TALUK
CHAMARAJNAGAR – 571 439 99. H.R.SOWMYLA
D/O RUDRAPPA NEW NEW CROSS QUARTERS NO.576, MYSORE CEMENT LIMITED
AMMASANDRA, TUMKUR – 572 211 100. GIRISH BABU H TR
NO.78, KHB COLONY, 2ND CROSS OOTY ROAD, NANJANAGUD
MYOSRE DISTRICT 101. POORNIMA
SHIVACHANDRA, 104/1 GANDHIJI ROAD, MARY HILL MANGALORE – 8
102. RAVI BHISE PARADHOL POST, INDI TALUK
BIJAPUR DISTRICT – 586 201 103. VINAYAKA NAIK
NO.356, MARUTHI PRIMARY SCHOOL GANESHPUR, INDALGA POST BELGAUM – 591 108
104. NAGENDRA S S/O SHANTHAPPA T
NO.295, 1ST B CROSS 3RD MAIN, 6TH BLOCK
2ND PHASE, BSK 3RD STAGE
BANGALORE – 560 085 105. YASHWANTHKUMAR P.R
NO.19, 1ST CROSS, K.C.ROAD VIVEKNAGAR, HASSAN-1
-21-
106. MANJUNATH K
S/O BASAVARAJA KORDHI C/OBABHUVANTHI, EX. MANAGER OPP. MRMC, SUNDAR NAGAR
GULBARGA – 585 105 107. KAMAL BABU
S/O KULAI C G MALLASNADRA VILLAGE & POST BAGEPLALLI
KOLAR DISTRICT – 581 201 108. CHETHAN
NO.3-26-2198/2, AKSHAYA MANJUNATHA COLONY KADIRI, BAJPAL POST
MANGALORE – 575 004 109. VIRUPAKSHAPPA ANEPPAGOL
DREAM GARDE APPARTMENTS 10TH CROSS, CHANDRANATHA NAGAR
NEAR VIJAYA HOTEL, HUBLI – 32 110. MAHADESHAPPA M
S/O MADDAIAH NO.C-122, TMC LAYOUT
CHENNAPATNA TALUK
BANGLAORE RURAL DISTRICT – 571 501 111. K.N.GOPIKRISHNA
NO.2504, TEJASWINI NILAYA SHIVANGANGA NAGAR BATAWADI, TUMKUR
112. SHRINIVASA P.V. BEHIND GOVT. HOSPITAL
RAIN QUARTERS, GUAGE EXTENSION PAVAGADA, TUMKUR DISTRICT – 581 202
113. B.N.LAKSHMI W/O A.R.SUDARSHAN ANKAPURA VILLAGE & POST
HASSAN TALUK & DISTRICT – 573 120 114. K.V.RAGHURAM
NO.221, 9TH MAIN ROAD 2ND CROSS, NAGENDRA EXTENSION
-22-
BANASHANKARI 1ST STAGE BANGALORE – 560 050
115. RAMESH S NO.132, V ALLOTMENT
8TH CROSS, 3RD MAIN ROAD MARUTHINAGAR, YALAHANKA BANGALORE – 560 084
116. ANIL KUMAR C P C/O K.S.PRASAD
INSPECTOR C B MALATHESHANILAYA, FORT CHICKMAGALUR
117. SHARANABASAPPA AKKI C/O B.S.THYAMANAVAR
NEAR GANESH TEMPLE SANGOLLI RAYANANAGARA DHARWAD – 580 002
118. MANJUNATH PRASAD T.N
NO.2758, 4TH MIAN ROAD 2ND STAGE, KUMARASWAMY LAYOUT BANGALORE – 560 078
119. RANJITH N S/O NANJUNDAIAH
NO.99, 4TH MAIN ROAD H.V.R. LAYOUT KHB COLONY, MAGADI ROAD
BANGALORE – 560 079 120. MR. ANAND K.C
AGED ABOUT 30 YEARS S/O CHANDRASHEKAR NO.54/1, 1ST D CROSS, REMCO LAYOUT
VIJAYANAGAR, II STAGE BANGALORE – 560 040
121. K RAJESH 34 YEARS, S/O K RAMESH SHET DAIVAJNA COMPOUND BTR ROAD
OPP MG PARK KUNDAPUR – 576 201
122. ARUN SURENDRA PATIL AGE 35 YEARS, S/O SURENDRA S PATIL
-23-
C/O KUNTOJI BUILDING NEAR SHANTABAI TEMPLE
SAAHU NAGAR, KAWALI GATE BIJAPUR
123. SHASHI KUMAR E AGE 31 YEARS S/O EKANANDA, NO.24
SRINIVAS NILAYA, II FLOOR, 8TH MAIN, 3RD CROSS MANJUNATH NAGAR BANGALORE – 10
124. MR. DATTATRAY MASKI S/O LAXMAN MASKI
AGED ABOUT 36 YEARS RESIDING AT GYANG BOWDI ROAD NEW KUMBAR GALLI
BIJAPUR – 586 101 125. MR. M.G.PARVEEZ
S/O PEERAN AGED ABOUT 35 YEARS
NO.189, 11TH CROSS, ‘A’ BLOCK DEVARAJ URS LAYOUT DAVANAGERE -6
126. MR. PRADEEP M HADAGALI S/O M.V.HADAGALI
RAJAMATHA NILAYA 2ND CROSS, 2ND MAIN M.G.NAGAR
HOSPATE – 583 203 127. MR. KIRAN A R
S/O ANANTHAIAH NO.53, III MAIN ROAD 1ST STAGE, A.G.B. LAYOUT
MAHALAKSHMIPURAM BANGLAROE – 560 086
128. MR. MANJUNATH H M S/O MUNIVENKATAPPA HAROHALLI VILLAGE
MAGONDI POST, BANGARPETE TALUK KOLAR DISTRICT – 563 114
129. MR. N CHALUVARAYASWAMY S/O NARASIMHEGOWDA, MAJOR
-24-
FORMER MINISTER OF TRANSPORT GOVERNMENT OF KARNATAKA
PRESENTLY MEMBER OF PARLIAMENT RESIDINGA AT 130/4, ARUNODAYA BUILDING 06TH A MAIN, 80 FEET ROAD
KHB COLONY, BASAWESHWAR NAGAR BANGALORE – 560 079
130. MR. R ASHOK S/O RAMAIAH AGED ABOUT 54 YEARS
PRESENTLY WORKING AS THE MINISTER FOR TRANSPORT, ROOM NO.317, 317-A VIDHANA SOUDHA
BANGLAOE – 560 001 131. MR. MURTHY NAIK K
MAJOR, NO.317, 11TH CROSS, 17TH MAIN ROAD SWATANTRA YODHARA NAGARA MAHALAKSHMIPURAM
LAGGERE BRIDGE BANGALORE – 560 058
132. MR. AYYALAPPA S/O BHEEMAPPA, MAJOR
KANDKAR POST, YADAGIRI GULBARGA DISTRICT 133. MR. PUTTASWAMY R
RAYASAMUDRA AT PSOT AND VILLAGE K.R.PET TALUK MANDYA DISTRICT – 571 426
134. MR. VIJAY KUMAR S/O HANUMANTHAPPA BHAJANTRI
PAVAN NILAYA, SAPTAGIRI LAYOTU AT POST GADDANAKERI BAGALAKOT DISTRICT
135. MR. SUBHASH M.S MAJOR, RESIDING AT NO.216
1ST CROSS, IV MAIN, ‘H’ BLOCK R.K.NAGAR, MYSORE – 570 022
136. MR. B.P. KRISHNE GOWDA S/O PUTTASWAMY GOWDA AGEDA BOUT 41 YEARS
WORKING AS INSPECTOR MOTOR VEHICLE
-25-
REGIONAL TRANSPORT OFFICE BELGAUM – 590 001
137. MR. C.M.KRISHNE GOWDA S/O MUDDE GOWDA
AGED ABOUT 40 YEARS WORKING AS INPECTOR OF MOTOR VEHICLES REGIONAL TRANSPORT OFFICE, BIJAPUR
138. MR. V. S.HIREMATH AGED ABOUT 52 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES REGIONAL TRANSPORT OFFICE BANGALORE CENTRAL
BANGALORE – 560 001 139. MR. N.S.RAVI PRAKASH
AGED ABOUT 53 YEARS WORKING AS INSPECTOR MOTOR VEHICLE REGIONAL TRANSPORT OFFICE
RAMANAGAR DISTRICT
140. MR. J.P.PRAKASH AGED ABOUT 40 YEARS WORKING AS INSPECTOR OF MOTOR VEHICLES
REGIONAL TRANSPORT OFFICE CHIKKABALLAPUR DISTRICT 141. MR. H.E. PRAKASH
AGED ABOUT 48 YEARS WORKING AS ILNSPECTOR OF MOTOR VEHICLES REGIONAL TRANSPORT OFFICE
HASSAN DISTRICT 142. MR. MOHAMMED EJAZ
AGED ABOUT 54 YEARS WORKING AS INSPECTOR OF MOTOR VEHICLES REGIONA TRANSPORT OFFICE
CHAMARAJANAGAR DISTRICT 143. MR. T.K. JAYANNA
AGED ABOUT 40 YEARS WORKING AS INSPECTOR OF MOTOR VEHICLES REGIONAL TRANSPORT OFFICE
CHAMARAJANAGAR DISTRICT 144. MR. NAGARAJ S NAIK
AGED ABOUT 40 YEARS WORKING AS INSPECTOR OF MOTOR VEHICLES
-26-
REGIONAL TRANSPORT OFFICE RAICHUR
145. MR. RAJAKUMAR AGED ABOUT 40 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES REGIONLA TRANSPROT OFFICE YELAHANKA
146. MR. S.R.MARILINGANNAVAR AGED ABOUT 41 YEARS
WORKING AS INSPECTOR OF MOTOR VEHICLES REGIONAL TRANSPORT OFFICE BAGALKOT
147. MR. RAVISHANKAR NAGANATHAN S/O IRABASAPPA
AGED ABOUT 37 YEARS RESIDING AT “SAMRUDDHI NILAYA” OPP. MALLIKARJU ASHRAMA
BIJAPUR DISTRICT BIJAPUR
148. MR. SHANKARALINGE GOWDA M.K AGED 58 YEARS, PRESENTLY WORKING AS
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE
BANGALORE – 560 002 149. MR. BHASKAR RAO
AGED 46 YEARS, PRESENTLY WORKING AS THE INSPECTOR GENERAL OF POLICE ANTI TERRORIST CELL
NO.60, RICHMOND ROAD KSRP PREMISES BANGALORE – 560 025 ... RESPONDENTS
(By SRI MADHUSUDAN R NAIK, SENIOR ADVOCATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR
R1 & R3; SRI REUBEN JACOB, ADVOCATE FOR R2; SRI M. NAGAPRASANNA, ADVOCATE FOR R4 & R6; SRI H SUBRAMANYA JOIS, SR. COUNSEL FOR
SRI K.C.SHANTH KUMAR, ADVOCATE FOR R7- R10, R13-R14 R-120 - R123; SRI K.SUBBARAO, SR.COUNSEL FOR SRI SATHEESHA K.N, ADVOCATE FOR R12 & R15;
SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES, ADVOCATES FOR R5,18,24,30,51,52,55,60,64, 67 TO 69, 73 TO
-27-
78, 80,82,83,85,91 TO 92, 95 TO 96, 100, 101, 103 TO 106, 108, 110, 112 & 113;
SRI UDAYA HOLLA, SR. COUNSEL FOR SRI VIVEK HOLLA & SRI S CHANDRA SHEKAR, ADVOCATES FOR R20,25,26,28,32,34,36,37,38,40 TO 44, 46-50, 53,54, R56 TO
59, 62, 63,65 TO 72, 79, 81, 84, 86-90, 97, 99,102,107, 109, 111, 114, 115, 116, 118, 119, 124, 125; SRI RAVI G SABHAHIT, ADVOCATE FOR R21,31,35,126 TO 128; SRI ABHINAV FOR
M/S KUMAR & KUMAR, ADVOCATES FOR R22,23,29,61; SRI D.N.NANJUNDA REDDY, SR. COUNSEL FOR NITYANANDA V NAYAK, ADVOCATES FOR R 136,137,140,141,142,143,144, 146;
SRI K. DIWAKAR, ADVOCATE FOR R11; SRI K.A.CHANDRASHEKAR & K A NAGESHA, ADVOCATES FOR R129;
SRI SRIDHAR C.K, ADVOCATE FOR R133, 145; SRI G.M.CHANDRA SHEKAR, ADVOCATE FOR R131; R 17, 27, 33, 39, 45,93,94,98,117,132,134 SERVED;
R16, 19, 130 SERVED; R135, 138, 139, 147, 148, 149 SERVED)
W.P.Nos.15002/2011 & 21131-21146/2011 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE KARNATAKA
ADMINISTRATIVE TRIBUNAL APPLICATION NO.5127/09, & APPLICATION NO.5078 & 5079/09 DT.10.6.2010 PRODUCED HEREIN AS ANN-A1, DISPOSED AS HAVING INFRUCTUOUS, IN VIEW OF THE
DISPOSAL OF THE ORDER OF THE TRIBUNAL IN APPLICATION NOS.182 TO 185, 187, 195, 197 TO 202/2007 DT.25TH MAY 2010 PRODUCED HEREIN AS ANN-A2 AND SET ASIDE THE ORDER OF THE
HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION NOS.182 TO 185, 187, 197 TO 202/2007 DT.25.5.10 PRODUCED HEREIN AS ANN-A2 AND ETC.
IN WP Nos.16948-16995/2010 (S-KAT)
BETWEEN: 1. SRI. K V NAGARAJU
S/O SRI VEERABHADRAPPA AGED ABOUT 34 YEARS, WORKING AT RTO BANGALORE CENTRAL, KORAMANGALA
BANGALORE 2. SRI H.R. PRAKASH
SO SRI H.M. RAMEGOWDA AGED ABOUT 39 YEARS, WORKING AT RTO BANGALORE CENTRAL, KORAMANGALA
BANGALORE
-28-
3. SRI C. SUNIL S/O SRI CHANDRAPPA AGED ABOUT 32 YEARS, WORKING AT RTO
BANGALORE WEST, RAJAJINAGAR BANGALORE
4. SRI PRABHAKAR S/O SRI SHARANAPPA CHAWHAN AGED ABOUT 30 YEARS, WORKING AT RTO
BANGALORE EAST, INDIRANAGAR BANGALORE
5. MR. ASHFAN B.S. S/O MR. SHAMSUDDIN B.A. AGED ABOUT 27 YEARS, RTO- BANGALORE EAST
INDIRANAGAR BANGALORE
6. SRI B.S. NANDEESHA S/O SRINIVASAMURTHY AGED ABOUT 25 YEARS
WORKING AT RTO-BANGALORE EAST INDIRANAGAR
BANGALORE 7. SRI RAJESH S.P.
S/O SRI R. PARASHIVA AGED ABOUT 37 YEARS WORKING AT RTO, BANGALORE NORTH
YESHWANTHPUR BANGALORE
8. SRI T.S. GIRIDHAR S/O SRI T. SEETHARAM AGED ABOUT 38 YEARS
WORKING AT RTO-BANGALORE SOUTH JAYANAGAR, BANGALORE
9. SRI MALLIKARJUNA S/O SRI KEMPEGOWDA AGED ABOUT 37 YEARS
WORKING AT RTO-BANGALORE SOUTH JAYANAGAR, BANGALORE
10. SRI C.S. SATISH S/O SRI SANNANANJAPPA AGED ABOUT 32 YEARS, WORKING AT RTO-BANGALORE CENTRAL,
KORAMANGALA BANGALORE
-29-
11. MR. SURESH
S/O SRI BASAPPA KAJUGAR AGED ABOUT 27 YEARS WORKING AT RTO-BANGALORE CENTRAL
KORAMANGALA BANGALORE
12. SRI MAHESH C MATTAPATHI C/O SRI C.B. MATTAPATHI AGED ABOUT 28 YEARS
WORKING AT RTO-BANGALORE CENTRAL KORAMANGALA BANGALORE
13. SRI PRASHANTH MARALINGANNAVAR
S/O SRI SHIVAPPA MARALINGANNAVAR
AGED ABOUT 28 YEARS WORKING AT RTO-BANGALORE WEST RAJAJINAGAR, BANGALORE
14. SRI SIDDALINGESH BELAD
S/O SRI D.V. BELAD AGED ABOUT 27 YEARS WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE 15. SMT. VINAY CHOUDHARI K
W/O SRI MANOJ M NAIK AGED ABOUT 35 YEARS WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE 16. SRI KESHAVAPPA N
S/O SRI B. NARAYANAPPA AGED ABOUT 42 YEARS WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE 17. SRI MARUTHI NAIK
S/O SRI DATTATHRAYA AGED ABOUT 39 YEARS WORKING AT RTO - BANGALORE WEST
RAJAJINAGAR, BANGALORE 18. SRI JAVARAIAH K
S/O SRI KARAGAIAH AGED ABOUT 43 YEARS
-30-
WORKING AT RTO - BANGALORE WEST RAJAJINAGAR, BANGALORE
19. MR. ABDUL NASEEM
S/O MR. ABDUL MAJEED
AGED ABOUT 36 YEARS WORKING AT RTO - BANGALORE WEST RAJAJINAGAR, BANGALORE
20. SRI BALACHANDRA THODALABAGI
S/O SRI H.S. THODALABAGI
AGED ABOUT 34 YEARS WORKING AT RTO - BANGALORE WEST RAJAJINAGAR, BANGALORE
21. SRI PUTTASWAMY H.N.
S/O SRI NINGEGOWDA
AGED ABOUT 39 YEARS WORKING AT RTO - BANGALORE WEST RAJAJINAGAR, BANGALORE
22. SRI PRABHAKAR N S/O SRI M. NARASIMHAIAH AGED ABOUT 37 YEARS
WORKING AT RTO - BANGALORE EAST INDIRANAGAR
23. SRI. K.G. RAMASWAMY S/O SRI. R. GURUMURTHY AGED ABOUT 37 YEARS
WORKING AT RTO-BANGALORE EAST INDIRANAGAR, BANGALORE.
24. SRI. N. PRABHU S/O SRI. NANJUNDAIAH M AGED ABOUT 39 YEARS
WORKING AT RTO - BANGALORE EAST INDIRANAGAR, BANGALORE
25. SRI. SHARANAIAH S/O SRI. RAMAIAH VIBHUTHI AGED ABOUT 37 YEARS
WORKING AT RTO - BANGALORE NORTH YESHWANTHPURA, BANGALORE
26. SRI. RAMACHANDRA K.P. S/O SRI. K.M. PUTTAIAH
-31-
AGED ABOUT 37 YEARS WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE 27. SRI ARUN FAKIRAPPA KATTIMANI
S/O SRI. FAKIRAPPA KATTIMANI AGED ABOUT 37 YEARS WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE 28. SRI. RAVIRAJ PAWAR
S/O SRI. J.K. PAWAR AGED ABOUT 30 YEARS WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE 29. MR. SAIFUDDIN KHAN
S/O MR. FASIUDDIN KHAN AGED ABOUT 33 YEARS WORKING AT RTO- BANGALORE NORTH
YESHWANTHPURA, BANGALORE
30. SRI. VISHWAJET MALAJURE S/O SRI. ARUN, AGED ABOUT 34 YEARS WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE 31. SRI. MAHANTHESH
S/O SRI. VENKANNA GOWDA AGED ABOUT 30 YEARS WORKING AT RTO - BANGALORE NORTH
YESHWANTHPURA, BANGALORE 32. SRI. RAMESH SHANKAR MALAGI
S/O SRI. SHANKAR, AGED ABOUT 38 YEARS WORKING AT RTO - BANGALORE NORTH YESHWANTHPURA, BANGALORE
33. SRI. MRUTHUNJAYA HONNAKERE
S/O SRI. B. RAJASHEKAR
AGED ABOUT 27 YEARS WORKING AT RTO - BANGALORE SOUTH JAYANAGAR, BANGALORE
34. SRI. SURENDRA KUMAR R
S/O SRI. N. RAMANNA
AGED ABOUT 35 YEARS
-32-
WORKING AT RTO - BANGALORE SOUTH JAYANAGAR, BANGALORE
35. MR. SADRULLA SHARIFF H
S/O MR. HUMAYUNULLA
AGED ABOUT 28 YEARS, WORKING AT RTO – BANGALORE SOUTH JAYANAGAR, BANGALORE
36. MR. ASADULLA BAIG M.M.
S/O MR. AZEZULLA BAIG
AGED ABOUT 41 YEARS WORKING AT RTO - BANGALORE SOUTH JAYANAGAR, BANGALORE
37. SMT. RANJITHA B.K.
W/O SRI. RAJASHETTY
AGED ABOUT 26 YEARS WORKING AT RTO - BANGALORE SOUTH JAYANAGAR, BANGALORE
38. SRI. PARAMANANADA SAJJAN
S/O SRI. BASALINGAPPA AGED ABOUT 30 YEARS WORKING AT RTO – BANGALORE SOUTH
JAYANAGAR, BANGALORE 39. SRI. GOVINDALALU RATHOD
S/O SRI. LALU RATHOD AGED ABOUT 33 YEARS WORKING AT RTO - BANGALORE SOUTH
JAYANAGAR, BANGALORE 40. MR. NAYAZ KHAN PATTAN
S/O MR. GAFUR KHAN PATTAN AGED ABOUT 38 YEARS WORKING AT RTO - YELAHANKA
BANGALORE 41. SRI. NARENDRA S
S/O SHANTHAPPA T AGED ABOUT 35 YEARS, WORKING AT RTO - MYSORE SHAKTI NAGAR, MYSORE
42. SRI. MANJUNATH K S/O SRI. BASAVARAJA KORDHI
AGED ABOUT 29 YEARS
WORKING AT RTO - MYSORE WEST M.G. ROAD, MYSORE
-33-
43. SRI. RAMESH S S/O SRI. SHANKARAPPA
AGED ABOUT 47 YEARS WORKING AT ARTO - SAKALESHAPURA HASSAN DISTRICT
44. SRI. ANIL KUMAR C.P.
S/O SRI. PRANESH
AGED ABOUT 43 YEARS WORKING AT ARTO - SAKALESHAPURA HASSAN DISTRICT
45. SRI. SHARANABASSAPPA AKKI
S/O SRI. SUGANAPPA AKKI
AGED ABOUT 50 YEARS WORKING AT RTO - MADIKERI MADIKERI DISTRICT
46. SRI. MANJUNATH PRASAD T.S.
S/O SRI. B.S. SRIRAM AGED ABOUT 44 YEARS
WORKING AT RTO - MADIKERI MADIKERI DISTRICT
47. SRI. VIRUPAKSHAPPA ANNAPPAGOL S/O SRI. BASAVANTH ANNAPPAGOL AGED ABOUT 44 YEARS, RTO-MYSORE WEST
M.G. ROAD, MYSORE 48. SRI. K.V. RAGHURAM S/O SRI. K. VENKATAPPA
AGED ABOUT 43 YEARS, RTO-HASSAN HASSAN DISTRICT ... PETITIONERS
(By SRI UDAYA HOLLA, SR. ADVOCATE A/W SRI VIVEK HOLLA AND SRI CHANDRASHEKAR S, ADVOCATES)
AND: 1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, M.S.BUILDING BANGALORE – 560 001
2. THE KARNATAKA PUBLIC SERVICE COMMISSION
PARK HOUSE, BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
-34-
3. THE TRANSPORT COMMISSIONER OF KARNATAKA M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560 001 4. SRI H.G. SOMASHEKARA
AGED ABOUT 33 YEARS, S/O H.A. GANGEGOWDA BEHIND T.B. SAKREPATNA – 577 135 KADUR TALUK, CHICKMAGALUR DISTRICT
5. SRI. MARILINGAPPA K
AGED ABOUT 35 YEARS, S/O SRI. NINGAPPA K
RAMAPURA POST,KUDLIGI TALUK BELLARY DISTRICT
6. SRI. VENUGOPAL AGED ABOUT 37 YEARS S/O LATE SRI K.M. SHIVARAM
DOOR NO.97, F. KOLIDARA ROAD JAYALAKSHMIPURAM, MYSORE
7. SRI. VEERABHADRAPPA HARIHAR
AGED ABOUT 35 YEARS S/O SRI. GURUSHANTAHAPPA H 3247, VEERESHKRUPA, 11TH MAIN
2ND CROSS, M.C.C. B BLOCK, DAVANAGERE - 4 8. SRI. KUMARA H.M.
AGED ABOUT 38 YEARS S/O SRI. MALIRANGAIAH NO.18/64(1), SUDARSHAN BADAVANE
MADIKERI, KODAGU DISTRICT 9. SRI. K. YOGENDRA
AGED ABOUT 31 YEARS S/O SRI. KRISHNAPPA NO.16, ESHWAR RAO COMPOUND
8TH MAIN, T. DASARAHALLI NAGASANDRA POST, BANGALORE
10. SRI. ANANDA KUMAR B.G. AGED ABOUT 30 YEARS S/O SRI. GOVINDAPPA
NO.64, 1ST MAIN ROAD PARVATHIPURAM BANGALORE-4
-35-
11. SRI. HAREESH B.K. AGED ABOUT 30 YEARS
S/O SRI. C. KODANDARAM NO.29, 5TH CROSS, 6TH A MAIN J.P. NAGAR, 2ND STAGE
BANGALORE 12. SRI. ANAND K.C.
AGED ABOUT 30 YEARS S/O SRI. CHANDRASHEKAR NO.54/1, 1ST D CROSS, REMCO LAYOUT
VIJAYANAGAR II STAGE BANGALORE-40
13. SRI. K. RAJESH AGED ABOUT 34 YEARS S/O SRI K. RAMESH SHET
DAIVAJNA COMPOUND BTR ROAD, OPP. M.G. PARK KUNDAPURA-576 201
14. SRI. ARUN SURENDRA PATIL
AGED ABOUT 35 YEARS S/O SRI. SURENDRA S. PATIL C/O KUNTOJI BUILDING
NEAR SANTABAI TEMPLE SAHU NAGAR, KAWALI GATE, BIJAPUR
15. SRI. SHASHIKUMAR E AGED ABOUT 31 YEARS S/O SRI. P. EKANANDA
NO.24, SRINIVASA NILAYA 2ND FLOOR, 8TH MAIN, 3RD CROSS MANJUNATHA NAGAR
BANGALORE – 560 010 ... RESPONDENTS (By SRI H SUBRAMANYA JOIS, SR. ADVOCATE A/W
SRI RANGANATH S JOIS, ADVOCATE FOR C/R4, 6-9, 11-13, 15; SRI MADHUSUDHAN R. NAIK, SR. ADVOCATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR R1 AND R3
SRI REUBEN JACOB, ADVOCATE FOR R2; SRI V LAKSHMINARAYAN, SR. ADVOCATE A/W SRI L. VIJAY KUMAR, ADVOCATE FOR APPLICANT IN IA 1/2014
AND IA II/2014; R5, R10, R14 –SERVED)
W.P. Nos.16948-16995/2010 ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 25.05.2010 PASSED BY THE KARNATAKA
-36-
ADMINISTRATIVE TRIBUNAL IN APPLICATION Nos. 182 TO 185, 187, 195, 197 TO 202 OF 2007 VIDE ANNEX-S AND ETC.
IN WP No.8215/2010 (S-KAT)
BETWEEN:
SRI JAYARAM K H S/O SRI K P HANUMANTHEGOWDA AGED 34 YEARS
R/O JAI HANUMAN NILAYA INDIRANAGAR, ARSIKERE ROAD HASSAN ... PETITIONER
(BY SRI H SUBRAMANYA JOIS, SR. COUNSEL FOR SRI K.C.SHANTHKUMAR, ADVOCATE)
AND: 1. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT
M.S.BUILDING, DR.AMBEDKAR ROAD BANGALORE 560 001
2. THE COMMISSIONER FOR TRANSPORT IN KARNATAKA 5TH FLOOR, M.S.BUILDING
DR.AMBEDKAR ROAD BANGALORE 560 001
3. SRI B P NAVEEN S/O MR PUTTASWAMI GOWDA AGED ABOUT 31 YEARS
R/O NO.276/141, 9TH MAIN PIPELINE, VIJAYNAGAR BANGALORE 560 040
4. SRI HUSSAIN SAB
AGED ABOUT 28 YEARS
RESIDING NEAR BIG WATER TANK BAGALKOT 587 101
-37-
5. SRI MALLESHAPPA P SAJJAN AGED ABOUT 39 YEARS
R/A NO.32, NEAR KARNATAKA SEEDS CORPORATION 22ND CROSS, VIJAYANAGAR
VIDYAGIRI, BAGALKOT 6. SRI VINAY KUMAR
S/O SRI HANUMANTHAPPA BAJANTHRI AGED ABOUT 39 YEARS R/A PAVAN NILAYA
SAPTAGIRI LAYOUT GADDANAKERI BAGALKOT DISTRICT
7. SRI SANTHOSH KUMAR KOMPI
AGED ABOUT 28 YEARS
R/A NO.77, WARD NO.1 HIREHADAGALLI BELLARY DISTRICT
8. SMT. KAVITHA T N
AGED ABOUT 32 YEARS R/A NO.103, 2ND FLOOR 2ND CROSS, RAILWAY COLONY
RAMAKRISHNA NAGAR 4TH BLOCK, NANDINI LAYOUT BANGALORE
9. SRI MOHAMMED SHARIEF M. SHEKHAJI
S/O SRI SHEIKJI
AGED ABOUT 30 YEARS R/A NO.18, I FLOOR ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI, 2ND BLOCK RAJAJINAGAR, BANGALORE
10. SRI RAGHAVENDRACHARI C/O M CHALAPATHI AGED ABOUT 34 YEARS
R/A NO.307, 8TH CROSS SARASWATHIPURAM NANDINI LAYOUT
BANGALORE
-38-
11. SRI UDAY S NAIK AGED ABOUT 39 YEARS
R/A NO.78/2K, 13TH CROSS I BLOCK, RAJAJINAGAR BANGALORE
12. SRI BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
R/A NO.669, MARUTHI NILAYA MUNICIPAL QUARTERS ROAD SUBASH NAGAR, NELAMANGALA
BANGALORE 13. SRI GOPAL S
C/O YUSUF SHARIFF AGED ABOUT 35 YEARS R/A NO.22/1, 2ND FLOOR
KAVERAPPA LAYOUT MILLER TANK BUND ROAD NEAR JAIN HOSPITAL, BANGALORE
14. SRI SHIVAPPA ALAGAWADI
AGED ABOUT 47 YEARS R/A HOUSE NO.1, KRISHNAPPA BUILDING NEAR FATHIMA HEALTH CENTRE
4TH CROSS, II WARD, K.G.HALLI BANGALORE
15. SRI MURTHY NAIK K AGED ABOUT 49 YEARS R/A NO.317, 11TH CROSS
17TH MAIN ROAD SWATANTRAYODHANAGAR MAHALAKSHMIPURAM, LAGGERE BRIDGE
BANGALORE 16. SRI SANTOSH M PATIL
AGED ABOUT 31 YEARS R/A LAKSHMI NIVAS RAJENDRA NAGAR
SOLLAPUR ROAD, BIJAPUR 17. SRI DATTATRAY MASKI
AGED ABOUT 35 YEARS C/O LAKSHMAN MASKI R/O GYAN BOWDI ROAD
NEW KUMBAR GALLI, BIJAPUR
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18. SRI DUNDAPPA SHANKAR NAIKODI AGED ABOUT 43 YEARS
R/A NO.64/4, KASAGERI STREET BIJAPUR
19. SRI RAVISHANKAR NAGATHAN AGED ABOUT 36 YEARS R/A SAMRUDHI NILAYA
OPP:SRI MALLIKARJUN ASHRAM, BIJAPUR 20. SRI PARVEEZ M G
AGED ABOUT 34 YEARS R/A NO.189, GROUND FLOOR 11TH CROSS, DEVARAJ URS LAYOUT
A BLOCK, DAVANAGERE 21. SRI MAHESH KUMAR MENASINKAI
AGED ABOUT 39 YEARS S/O SRI V B MENASINAKAI R/A & POST:BELLATTI
SIRAHATTI TALUK GADAG DISTRICT
22. SRI PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS
R/A & POST:DAMBAI MUNDARAGI TALUK GADAG DISTRICT
23. SRI MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS
C/O SHANKARAPPA LAXMAPPA VALMIKI R/A OLD BALAVINAYAK SCHOOL VAKIL CHAWAL, GADAG
24. SRI NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O V F HOSAMANI R/A & POST:SHAGOTI GADAG DISTRICT
25. SRI PRAKASH HULLE
AGED ABOUT 28 YEARS
R/A LIG 15, III PHASE BADEPUR COLONY SEDAM ROAD, GULBARGA
-40-
26. SRI AYYALAPPA S/O SRI BHEEMAPPA AGED ABOUT 44 YEARS, R/A KANDAKAR POST
YADAGIRI TALUK, GULBARGA DISTRICT 27. SRI JAGADISH H S S/O SUNDAR SWAMY H K
AGED ABOUT 40 YEARS, R/A NO.357 BEHIND UDACHALAMBHA TEMPLE HASSAN
28. SRI RAGHAVENDRA H V S/O VENKATARAMANAIAH H N
AGED ABOUT 38 YEARS
R/A SUSHIL NIVAS SEETHA VILAS ROAD FORT HOLENARASIPURA, HASSAN DISTRICT
29. SRI ANANTHARAMU S/O GOVINDARAJU
AGED ABOUT 27 YEARS
R/A K.H.B. NO.3/LIG II SANTEE MARUR POST ARAKALGUD TALUK
HASSAN DISTRICT
30. SMT. AMULYA D/O SRI JAGADISH AGED ABOUT 32 YEARS R/A AMULYA NIVAS
NO.1240, RAKSHINAPURA HASSAN
31. SMT. ASHA N R AGED ABOUT 36 YEARS R/A NO.1553, SALGAME ROAD
SARASWATHIPURAM OPP. SANJIVINI HOSPITAL HASSAN
32. SRI RAJU BASSAPPA ALAGUNDI
AGED ABOUT 33 YEARS
R/A NO.10B, VENKATESH COLONY BENGERI HUBLI, DHARWAD
33. SRI SRINIVAS MURTHY G N S/O G P NARAYANASWAMY
AGED ABOUT 33 YEARS
R/A DALASANUR POST AND VILLAGE SRINIVASAPURA, KOLAR DISTRICT
34. SRI PUTTASWAMY R AGED ABOUT 40 YEARS
-41-
R/A AND VILLAGE RAYASAMUDRA POST RAYASAMUDRA
K.R.PET TALUK, MANDYA DISTRICT 35. SRI SUBHASH M S
AGED ABOUT 33 YEARS R/A NO.216, 1ST CROSS 4TH MAIN, H BLOCK, R.K.NAGAR, MYSORE
36. SRI RAGHAVENDRA A R
AGED ABOUT 33 YEARS
R/A NO.1914, 3RD CROSS 14TH MAIN, II STAGE MYSORE
37. SRI RANGANATH S/O RANGAPPA
AGED ABOUT 31 YEARS
R/A CHIKKEGOWDANAPALYA MADIKEHALLI POST KOTTAGERE, KUNIGAL TALUK, TUMKUR
38. SRI BASAVARAJU K C
S/O CHANDRASHEKAR K L AGED ABOUT 41 YEARS R/A BASAVAKRUPA
NO.22, OPP:UCO BANK BATAWADI, TUMKUR
39. SMT. VIDYA N D/O L NARASIMHAN AGED ABOUT 28 YEARS R/A HAMSA NILAYA
BEHIND DEEPAK CABLES 10TH CROSS, VIDYANAGAR, TUMKUR
40. SRI P PRADEEP KUMAR AGED ABOUT 30 YEARS R/A NO.258, NEAR KALABYRAVESHWARA TEMPLE
THIMMANAHALLI, C.N.HALLI TUMKUR
41. SRI PRAKASH T M S/O MALATHESAIAH T N AGED ABOUT 32 YEARS R/A THOSRESURAGONDANAHALLI
HULIYUR POST AND HOBLI ... RESPONDENTS (BY SRI MADHUSUDHAN R NAIK, SENIOR ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR R1 & R2; SRI D.RAMDAS, ADVOCATE FOR R3,4,6,7,9-13,15, 22,23,25-27,
-42-
R29-R33 & R35-R41; SRI D.N. NANJUNDA REDDY, SR. COUNSEL FOR SRI NITYANANDA V NAYAK, ADVOCATE FOR R5 & R28;
SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES, ADVOCATES FOR R-8, 14, 16-21,24,34)
W.P.No.8215/2010 IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO CONNECTED WITH AND CONCERNING THE
IMPUGNED ORDER VIDE ANNEX-A DTD. 2.3.10 PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE, IN A.NO.1212-1250/2010, PERUSE THE SAME AND DECLARE AND
QUASH THE SAID ORDER AND THE PROCEEDINGS CULMINATING IN THE SAME AS ILLEGAL AND UNSUSTAINABLE AND ETC.,
IN WP Nos.8715/2010 & 8906/2010 (S-KAT)
BETWEEN: SRI B A NAVEEN KUMAR S/O SRI B ANNEGOWDA
AGED ABOUT 29 YEARS UN-EMPLOYED YOUTH AND
R/AT DOOR NO. 1826, "LAKSHMI NILAYA" 50 FT. ROAD, 14TH CROSS, 2ND STAGE KUMARA SWAMY LAYOUT, BANGALORE-78 ... PETITIONER
(BY SRI VENKATESH R BHAGAT, ADVOCATE)
AND: 1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF TRANSPORT MULTISTORIED BUILDINGS
DR. B.R. AMBEDKAR VEEDHI BANGALORE-560 001
2. THE KARNATAKA PUBLIC SERVICES COMMISSION PARK HOUSE ROAD, BANGALORE-560 001 REP. BY ITS SECRETARY
3. THE COMMISSIONER FOR TRANSPORT
5TH FLOOR, MULTI STORIED BUILDINGS
DR. B R AMBEDKAR VEEDHI BANGALORE-560 001
4. SRI. RAVISHANKAR NAGATHAN S/O SRI IRABASAPPA AGED ABOUT 37 YEARS
-43-
R/AT "SAMRUDDHI NILAYA" OPP. SHRI MALLIKARJUNA ASHRAMA
BIJAPUR DISTRICT, BIJAPUR 5. SRI. MOHAMMED SHARIEF M SHEIKAJI
AGED ABOUT 30 YEARS S/O SRI. SHEIKAJI R/AT DOOR NO. 18, 1ST FLOOR ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, 2ND BLOCK, JUGANAHALLI RAJAJINAGAR, BANGALORE-560 010 ... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR C/R4; SRI MADHUSUDHAN R NAIK, SR. ADVOACATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE FOR R1 & R3;
SRI RUBEN JACOB, ADVOCATE FOR R2; SRI GIRISH B. MANGANNAVAR FOR SRI B PRAMOD, ADVOCATES FOR R4; SRI D RAMDAS, ADVOCATE FOR R5)
W.P.Nos.8715 & 8906/2010 ARE FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
ENTIRE RECORDS, PERTAINING TO THE CASE AND TO SET-ASIDE THE ORDER DTD. 02.03.2010 MADE IN APPLICATION NOS. 1218
AND 1228/2010 VIDE ANNEXURE-A PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL (ONLY IN SO FAR AS IT RELATES TO THE DIRECTION, DIRECTING THE R1 TO R3 TO ISSUE
THE ORDERS OF APPOINTMENT IN FAVOUR OF R4 AND R5) AND TO PERUSE THE SAME AND ETC.
IN WP Nos.10106/2010 & 12726-12763/2010 (S-KAT)
BETWEEN:
1. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT
M.S BUILDING, DR. AMBEDKAR ROAD BANGALORE-560 001
2. THE COMMISSIONER FOR TRANSPORT 5TH FLOOR, M.S. BUILDING
DR. AMBEDKAR ROAD BANGALORE-560 001 ... PETITIONERS
(BY SRI MADHUSUDHAN R NAIK, SR.ADVOCATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D.K., ADVOCATE)
-44-
AND:
1. B P NAVEEN AGED ABOUT 31 YEARS S/O MR. PUTTASWAMI GOWDA
RESIDENT OF No.276/141, 9TH MAIN PIPELINE, VIJAYANAGAR BANGALORE – 560 040
2. HUSSAIN SAB
AGED ABOUT 28 YEARS
RESIDING NEAR BIG WATER TANK BAGALKOT-587 101
3. MALLESHAPPA P. SAJJAN AGED ABOUT 39 YEARS RESIDING AT NO.32, NEAR KARNATAKA
SEEDS CORPORATION, 22ND CROSS VIJAYANAGAR, BAGALKOT
4. VINAY KUMAR AGED ABOUT 39 YEARS
S/O SRI HANUMANTHAPPA BAJANTRI, RESIDING AT PAVAN NILAYA SAPTAGIRI LAYOUT
GADDANAKERI, BAGALKOT DISTRICT 5. SANTOSH KUMAR KOMPI
AGED ABOUT 28 YEARS RESIDING AT NO.77 WARD NO.1, HIREHADAGALI
BELLARY DISTRICT 6. SMT. KAVITHA T. N.
AGED ABOUT 32 YEARS RESIDING AT NO.103, 2ND FLOOR 2ND CROSS, RAILWAY COLONY
RAMAKRISHNA NAGAR 4TH BLOCK, NANDINI LAYOUT BANGALORE
7. MOHAMMED SHARIEF M SHEKHAJI
AGED ABOUT 30 YEARS
S/O SRI SHEIKJI RESIDING AT NO. 18, I FLOOR ABOVE BYRAVA DRIVING SCHOOL
33RD CROSS, JUGANAHALLI
-45-
2ND BLOCK, RAJAJINAGAR BANGALORE
8. RAGHAVENDRACHARI C/O M. CHALAPATHI
AGED ABOUT 34 YEARS
RESIDING AT NO. 307, 8TH CROSS SARASWATHIPURAM NANDINI LAYOUT, BANGALORE
9. UDAY S. NAIK
AGED ABOUT 29 YEARS
RESIDING AT NO. 78/2K 13TH CROSS, I BLOCK, RAJAJINAGAR, BANGALORE
10. BASAVARAJ BIRADAR
AGED ABOUT 29 YEARS
RESIDING AT NO.669, MARUTHI NILAYA, MUNICIPAL QUARTERS ROAD SUBASH NAGAR, NELAMANGALA
BANGALORE
11. GOPAL S AGED ABOUT 35 YEARS C/O YUSUF SHARIFF
RESIDING AT NO.22/1, 2ND FLOOR KAVERAPPA LAYOUT, MILLER TANK BUND ROAD, NEAR JAIN HOSPITAL
BANGALORE 12. SHIVAPPA ALAGAWADI
AGED ABOUT 47 YEARS RESIDING AT HOUSE NO.1, KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE 4TH CROSS, II WARD K.G. HALLI, BANGALORE
13. MURTHY NAIK K
AGED ABOUT 49 YEARS,
RESIDING AT NO.317, 11TH CROSS 17TH MAIN ROAD, SWANTANTRAYODHNAGAR MAHALAKSHMIPURAM
LAGGERE BRIDGE, BANGALORE 14. SANTOSH M. PATIL
AGED ABOUT 31 YEARS RESIDING AT LAKSHMI NIVAS
-46-
RAJENDRA NAGAR SOLLAPUR ROAD, BIJAPUR
15. DATTATRAY MASKI
AGED ABOUT 35 YEARS
C/O LAKSHMAN MASKI RESIDENT OF GYAN BOWDI ROAD NEW KUMBA GALLI, BIJAPUR
16. SRI DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
RESIDING AT NO.64/4 KASAGERI STREET, BIJAPUR
17. SRI RAVISHANKAR NAGATHAN AGED ABOUT 36 YEARS RESIDING AT SAMRUDIHI NILAYA
OPP. SRI MALLIKARJUN ASHRAM BIJAPUR
18. SRI PARVEENZ M.G. AGED ABOUT 34 YEARS
RESIDING AT NO.189 GROUND FLOOR, 11TH CROSS DEVARAJ URS LAYOUT, ‘A’ BLOCK
DAVANAGERE 19. SRI. MAHESH KUMAR MENASINKAI
S/O SRI. V B MENASINKAI AGED ABOUT 39 YEARS R/AT AND POST: BELLATTI
SIRAHATTI TALUK, GADAG DISTRICT 20. SRI. PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS R/AT & POST: DAMBAL MUNDARAGI TALUK
GADAG DISTRICT
-47-
21. SRI. MAHADEVAPPA TALAWAR AGED ABOUT 30 YEARS
C/O SHANKARAPPA LAXMAPPA VALMIKI R/AT OLD BALAVINAYAK SCHOOL VAKIL CHAWAL, GADAG
22. SRI. NINGAPPA F HOSAMANI
AGED ABOUT 47 YEARS
C/O V F HOSAMANI R/AT & POST: SHAGOTI GADAG DISTRICT
23. SRI. PRAKASH HULLE
AGED ABOUT 28 YEARS
R/AT LIG 15, III PHASE BADEPUR COLONY, SEDAM ROAD GULBARGA
24. SRI. AYYALAPPA S/O SRI BHEEMAPPA
AGED ABOUT 44 YEARS
R/AT KANDAKAR POST YADAGIRI TALUK
GULBARGA DISTRICT 25. SRI. JAGADISH H S S/O SRI. SUNDAR SWAMY H K
AGED ABOUT 40 YEARS R/AT NO.357, BEHIND UDACHALAMBHA TEMPLE HASSAN
26. SRI. RAGHAVENDRA H V
S/O VENKATARAMANAIAH H N
AGED ABOUT 38 YEARS R/AT SUSHIL NIVAS , SEETHA VILAS ROAD FORT, HOLENARASIPURA
HASSAN DISTRICT 27. SRI. ANANTHARAMU S/O GOVINDARAJU
AGED ABOUT 27 YEARS R/AT K H B, NO.3/LIG-II SANTEE MARUR POST
ARAKALGUD TALUK, HASSAN DISTRICT 28. SMT. AMULYA D/O SRI. JAGADISH
AGED ABOUT 32 YEARS R/AT AMULYA NIVAS NO.1240, RAKSHINAPURA
HASSAN
-48-
29. SMT. ASHA N R AGED ABOUT 36 YEARS
R/AT NO. 1553, SALGAME ROAD SARASWATHIPURAM OPP: SANJIVINI HOSPITAL
HASSAN 30. SRI. RAJU BASSAPPA ALAGUNDI
AGED ABOUT 33 YEARS R/AT NO.10-B, VENKATESH COLONY BENGERI, HUBLI, DHARWAD
31. SRI. SRINIVAS MURTHY G N
S/O G P NARAYANASWAMY
AGED ABOUT 33 YEARS R/AT DALASANUR POST & VILLAGE SRINIVASAPURA, KOLAR DISTRICT
32. SRI. PUTTASWAMY R
AGED ABOUT 40 YEARS
R/AT & VILLAGE RAYASAMUDRA POST: RAYASAMUDRA, K R PET TALUK
MANDYA DISTRICT 33. SRI. SUBHASH M S
AGED ABOUT 33 YEARS R/AT NO. 216, 1ST CROSS 4TH MAIN, ‘H’ BLOCK, R K NAGAR
MYSORE 34. SRI. RAGHAVENDRA A R
AGED ABOUT 33 YEARS R/AT NO. 1914, 3RD CROSS 14TH MAIN, II STAGE
MYSORE 35. SRI. RANGANATH S/O RANGAPPA
AGED ABOUT 31 YEARS R/AT CHIKKEGOWDANAPALYA MADIKEHALLI POST, KOTTAGERE
KUNIGAL TALUK, TUMKUR 36. SRI. BASAVARAJU K C S/O CHANDRASHEKAR K L
AGED ABOUT 41 YEARS R/AT BASAVAKRUPA NO.22, OPP. UCO BANK
BATAWADI, TUMKUR
-49-
37. SMT. VIDYA N D/O L NARASIMHAN AGED ABOUT 28 YEARS
R/AT HAMSA NILAYA BEHIND DEEPAK CABIES 10TH CROSS, VIDYANAGAR
TUMKUR 38. SRI. R PRADEEP KUMAR
AGED ABOUT 30 YEARS R/AT NO. 258, NEAR KALABYRAVESHWARA TEMPLE, THIMMANAHALLI, C N HALLI
TUMKUR 39. SRI. PRAKASH T M S/O MALATHESAIAH T N
AGED ABOUT 32 YEARS R/AT THORESURAGONDANAHALLI HULIYUR POST AND HOBLI ... RESPONDENTS
(BY SRI D RAMDAS, ADVOCATE FOR R1-R5, R7-R11, 13,20,21,23-31 & 33-39; SRI J PRASHANTH FOR
M/S RAVIVARMA KUMAR ASSOCIATES, ADVOCATES FOR R6, 14-16, 18,19,22 & 32; SRI SUBBA RAO, SR. ADVOCATE
A/W SRI SUBRAMANYA BHAT, ADVOCATE FOR C/R12 AND R17)
W.P.Nos.10106/2010 & 12726-12763/2010 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE IN APPLICATION NOS.
1212 TO 1250/2010 AND QUASH THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL DTD. 2.3.10 IN APPLICATION NOS.1212 TO 1250/2010 VIDE ANNEXURE-A BY
ALLOWING THESE WRIT PETITIONS AND ETC.
IN WP Nos.17294-17327/2010 (S-KAT) BETWEEN:
1. MANJUNATH G R
S/O G K RANGACHARI, AGE: 38 YEARS
GOWDARAKAILI NEEJIGERE POST SAKLESHPUR TALUK
HASSAN DISTRICT – 573 134 WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE
CENTRAL
-50-
2. SURESH G M S/O MUDDERE GOWDA G K
AGE: 31 YEARS SRIDEVINILAYA, POST OFFICE ROAD HALAGUR, MALAVALLI TALUK
MANDYA DISTRICT – 571 421 WORKING AS MOTOR VEHICLE INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE CENTRAL
3. PRAVEEN N S
S/O SUGNYANA MURTHY, AGE: 30 YEARS
NO.84/2B, 5TH CROSS, RAJENDRA NAGAR MYSORE – 570 007 WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL TRANSPORT OFFICE AT BANGALORE CENTRAL 4. SHIVAKUMAR N
S/O K B MAHADEVAIAH, AGE: 36 YEARS NO.63, BELEGERE, NANJUNGUD TALUK MYSORE DISTRICT-571 129
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE CENTRAL
5. C N KANNAN
S/O NANJAIAH M B, AGE: 36 YEARS
KARINANJAPURA LAYOUT SOMAVARPET POST, CHAMARAJANAGAR TQ & DISTRICT.
6. YOGESH S/O C MAHADEVAPPA, AGE: 36 YEARS NO.6531, BASAVAKRUPA, 16TH CROSS
NAGESHWARAN LAYOUT,NANJANGUD MYSORE DISTRICT WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE WEST 7. NANDISH S N
S/O NANJUNDAGOWDA S T , AGE: 38 YEARS SIDDANNAHALLI VILLAGE, S MADAMANGALA POST BANGALORE-563 114
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE EAST
8. C THIPPESWAMY S/O B CHOWDAIAH, AGE: 33 YEARS NO.1537, 4TH ‘C’ MAIN ROAD, 1ST FLOOR
REMCO LAYOUT, VIJAYANAGARA POST 2ND STAGE, BANGALORE – 560 040
-51-
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE EAST
9. JAGADISH G
C/O D K KANNIMANNA, AGE: 31 YEARS
KANIVENILAYA, NO.189, MAHALAKSHMINAGAR BATAVADI, TUMKUR – 572 103 WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE EAST 10. RAGHU M H
S/O HULIYAPPA, AGE: 35 YEARS TRUPTHI 2ND CROSS, 80 FEET ROAD BATAWADI TUMKUR-3
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE NORTH
11. DILIP KUMAR R S/O T/A /RAJACHAR, AGE: 31 YEARS NO.1075, 32ND CROSS, SIR M V EXTENSION
S.I.T.MAIN ROAD, TUMKUR-2 WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH 12. SHAMBUSHEKAR J M
S/O MALLESHAPPA K S, AGE: 36 YEARS NO.97, 8TH CROSS, A BLOCK, D DEVARAJ URS LAYOUT, DAVANAGERE - 6
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE NORTH
13. SHEKAR A S/O C ANJANAPPA, AGE: 28 YEARS NO.1, KONNAKUNTE CROSS, KANAKAPURA MAIN ROAD
BANGALORE – 560 062 WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE NORTH
14. VENKATAPPA
S/O GANGAYYA, AGE: 38 YEARS
NO.1-5-207, NEAR S B H GURUMITKAL POST YADAGIRI TALUK, GULBARGA DISTRICT – 585 214 WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL
TRANSPORT OFFICE AT BANGALORE NORTH
15. T SUDHIR BABU S/O C THIMAPPA, AGE: 30 YEARS
-52-
NO.2056, SRI BALAJI KRUPA, CHELUVAIAH STREET RAMAMURTHY NAGAR, BANGALORE – 560 016
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE NORTH
16. OMPRAKASH ADIN S/O RAMAPPA, AGE: 34 YEARS APDOUPPARATHI, GOKAK, BELGAUM DISTRICT – 581 233
WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT BANGALORE NORTH
17. G N SURESH S/O NELAKANTAIAH AGE: 34 YEARS LINGANAHALLI POST, CHENNAGIRI
SHOMOGA DISTRICT-577 221 WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT
OFFICE, AT BANGALORE SOUTH 18. NAGRAJ D B S/O BORAPPA
AGE: 26 YEARS DODDENAHALLI, RANGASAMUDRA
PAVAGADA, TUMKUR DISTRICT-581 202 WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT BANGALORE SOUTH 19. SUDHAKAR M N S/O M R NARASIMHA MURTHY
AGE: 32 YEARS R R ENTERPRISES, NO.41, D DUTHIL, YESHWANTHAPURA INDUSTRIAL SUBURB,
BANGALORE – 560 022,WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT BANGALORE SOUTH
20. G NAGARAJA, S/O LATE GOSHAPPA
AGE: 40 YEARS
SASALAKUNTE POST, PAVAGADA TALUK TUMKUR DISTRICT-581 202 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT BANGALORE SOUTH
21. H PRASANNA S/O HANUMANTHAPPA AGE: 37 YEARS NO.151/B 3RD BLOCK, KENDRIYA VIHAR
YELAHANKA, BANGALORE – 560 084 WORKING AS MOTOR VEHICLES
-53-
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT BANGALORE SOUTH
22. SOMASHEKAR PRABHU S/O MANOHAR PRABHU
AGE: 37 YEARS
NO.116, 2ND STAGE, HANUMAN NAGAR BELGAUM-590 001 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT BANGALORE SOUTH
23. PRAKASH HULABATTI S/O CHANNAPPA AGE: 41 YEARS C/O HEMAPPA M SANGAMESHWAR NILAYA,
SUNDARGERI STREET, HASARAPPANNAHALLI, DAVANGERE DISTRICT -583 131 WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL TRANSPORT OFFICE AT BANGALORE SOUTH
24. VARADARAJU AGE: 30 YEARS
NAIKARAHALLI RASTHE, BANDALI POST KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT -571 439 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT K G F
25. H R SOWMYA, D/O RUDRAPPA AGE: 30 YEARS NEW NES CROSS QUARTERS NO.576, MYSORE
CEMENTS LIMITED, AMMASANDRA, TUMKUR – 572 211 WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT K G F 26. RAVI BHISE S/O PUNDALIK
AGE: 38 YEARS PARADHOL POST, INDI TALUK, BIJAPUR DISTRICT-586 204
WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MANDYA
-54-
27. VINAYAKA NAIK S/O SHIVAJI AGE: 30 YEARS
NO.356, MARUTHI PRIMARU SCHOOL,GANESHPUR INDALGA POST, BELGAUM TALUK & DISTRICT – 591 108 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MYSORE (EAST)
28. YESHWANTHKUMAR P R S/O RANGACHAR AGE: 36 YEARS NO.19, 1ST CROSS, K C ROAD, VIVEKNAGAR
HASSAN-1, WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MYSORE EAST
29. KAMAL BABU, S/O KULAL C G
AGE: 31 YEARS
MALLASANDRA VILLAGE & POST, BAGEPALLI KOLAR DISTRICT – 581 201 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MYSORE WEST
30. CHETHAN W/O DINESH P RAO
AGED ABOUT 30 YEARS
NO.3-26-2198/2, AKSHAYA, MANJUNATHA COLONY, KADIRI, BAJPAI POST, MANGALORE- 575 004 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MYSORE WEST
31. MAHADESHAPPA M S/O MADDAIAH AGE: 41 YEARS NO.C-112, TMC LAYOUT CHENNAPATNA TALUK
BANGALORE RURAL DISTRICT-571 501 WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE
AT MYSORE WEST 32. K N GOPIKRISHNA S/O NARAYANA SWAMY K N
AGE: 32 YEARS NO.2504, TEJASWINI NILAYA, SHIVAGANGA NAGAR BATAVADI TUMKUR
WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MANDYA
-55-
33. SRINIVASA P V S/O VENKATARAMANAPPA AGE: 41 YEARS
BEHIND GOVT HOSPITAL, RAIN QUARTERS GUAGE EXTENSION, PAVAGADA TUMKUR DISTRICT -581 202
WORKING AS MOTOR VEHICLES INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MANDYA
34. B N LAKSHMI, W/O A R SUDARSHAN
AGE: 32 YEARS
ANKAPURA VILLAGE AND POST, HASSAN TALUK AND DISTRICT-573 120 WORKING AS MOTOR VEHICLES
INSPECTOR, AT REGIONAL TRANSPORT OFFICE AT MANDYA ... PETITIONERS
(By SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR ASSOCIATES, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT,
M.S BUILDING, BANGALORE 560 001 2. THE KARNATAKA PUBLIC SERVICE
COMMISSION, PARK HOUSE, BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY
3. THE TRANSPORT COMMISSIONER
IN KARNATAKA, M.S. BUILDING
DR. AMBEDKAR VEEDHI BANGALORE 560 001
4. H.G. SOMASHEKARA AGED 33 YEARS S/O H.A GANGEGOWDA
BEHIND T.B.SAKREPATNA 577 135 KADUR TALUK, CHICKMAGALUR DISTRICT
5. MARLLINGAPPA K AGED 35 YEARS S/O NINGAPPA K, RAMAPURA POST
KUDLIGI TALUK, BELLARY DISTRICT
-56-
6. VENUGOPAL AGED 37 YEARS
S/O LATE K.M.SHIVARAM DOOR NO.97, F.KOLIDARA ROAD JAYALAKSHMIPURAM, MYSORE
7. VEERABHADRAPPA HARIHAR
AGED 35 YEARS
S/O GURUSHANTAHAPPA H, 3247 VEERASHKRUPA, 11TH MAIN, 2ND CROSS M.C.C B BLOCK, DAVANAGERE - 4
8. KUMARA H.M.
AGED 38 YEARS
S/O MALIRANGAIAH NO.18/64 (1) SUDARSHAN BADAVANE MADIKERI, KODAGU DIST
9. K. YOGENDRA
AGED 31 YEARS
S/O KRISHNAPPA, NO.16 ESHWAR RAO COMPOUND, 8TH MAIN
T. DASARAHALLI, NAGASANDRA POST, BANGALORE
10. ANANDA KUMAR B.G. AGED 30 YEARS S/O GOVINDAPPA, NO.64, 1ST MAIN ROAD
PARVATHIPURAM, BANGALORE - 4 11. HAREESH B.K.
30 YEARS S/O C KODANDARAM, NO.29 5TH CROSS, 6TH A MAIN, KSRTC
C/O J.P.NAGAR, 2ND PHASE BANGALORE
12. ANAND K.C AGED 30 YEARS S/O CHANDRASHEKAR, NO.54/1, 1ST D CROSS
RAMCO LAYOUT, VIJAYANAGAR II STAGE BANGALORE -560 040
13. K.RAJESH, 34 YEARS S/O K.RAMSH SHET, DAIVAJNA COMPOUND BTR ROAD, OPP. M.G.PARK
KUNDAPURA – 576 201
-57-
14. ARUN SURENDRA PATIL AGED 35 YEARS
S/O SURENDRA S PATIL C/O KUNTOJI BUILDING, NEAR SANTABAI TEMPLE SAHU NAGAR, KAWALI GATE
BIJAPUR 15. SHASIKUMAR E, S/O P. EKANANDA
AGED 31 YEARS, # 24 SRINIVAS NILAYA, 2ND FLOOR 8TH MAIN, 3RD CROSS,
MANJUNATH NAGAR, BANGALORE ... RESPONDENTS (BY SRI MADHUSUDAN R NAIK, SR. ADVOCATE AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K, ADVOCATE FOR R1 AND R3; SRI REUBEN JACOB ADVOCATE FOR R2; SRI H SUBRAMANYA JOIS, SR. ADVOCATE A/W SRI RANGANATH S JOIS, ADVOCATE
FOR R4, 6-9, 11-15 [V/K NOT FILED V/O DTD.22.07.2010]; R5 AND R10 SERVED)
WP NOS.17294-17327/2010 ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL DATED 25.5.2010 IN APPLICATION NOS.182 TO 185/2007 AND 187, 195, 197 TO 202/2007 VIDE ANNEXURE-A AND ETC.
IN WP NOS.17481/2010 & 17485-17490/2010
& 17723-17727/2010 (S-KAT) BETWEEN:
1. M D SHARASH CHANDRA HEGDE AGED ABOUT 39 YEARS
S/O.K DEVARAJA HEGDE, NOW WORKING AS MOTOR VEHICLES INSPECTOR O/O.REGIONAL TRANSPORT OFFICE, BANGALORE
(WEST) BANGALORE. R/A NO.168/F3, SHRINAGAR
8TH MAIN, SARVAJANIKA HOSTEL ROAD VIDYARANYAPURAM, MYSORE -570 008
2. S G JAMALUDHEEN S/O.S S GHAZNAVI AGED ABOUT 50 YEARS NOW WORKING AS MOTOR VEHICLES
INSPECTOR, O/O REGIONAL TRANSPORT OFFICE HASSAN, HASSAN DISTRICT
-58-
R/A NO.22/1, 6TH CROSS, REHMAT NAGAR
R T NAGAR POST, BANGALORE-560 032 3. H S HEMANTH S/O.H S SEETHARAMU
AGED ABOUT 30 YEARS NOW WORKING AS MOTOR VEHICLES INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
MYSORE (EAST), MYSORE R/A D/NO.EWS 720, III MAIN ROAD
KUVEMPUNAGAR, HASSAN 573 201 4. RAMESH B S S/O.B K SEETHARAMAIAH
AGED ABOUT 41 YEARS NOW WORKING AS MOTOR VEHICLES INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
BANGALORE (WEST) BANGALORE R/A NO.275, 8TH MAIN
15TH CROSS, WILSON GARDEN BANGALORE - 560 030
5. MOHAMMED JAFAR SADIK S/O.C N NAVALI AGED ABOUT 35 YEARS
NOW WORKING AS MOTOR VEHICLES INSPECTOR, O/O REGIONAL TRANSPORT OFFICE BANGALORE (CENTRAL) BANGALORE
R/A FIZA COMPUTERS 1ST FLOOR, ABU BAKAR COMPLEX, DAILY
MARKET ROAD, KILLA AREA, GANGAVATHI – 583 227 6. NAGARAJ SHELAGI, S/O.SABANNA B SHELAGI
AGED ABOUT 32 YEARS NOW WORKING AS MOTOR VEHICLES INSPECTOR, O/O REGIONAL TRANSPORT OFFICE
BANGALORE (NORTH) YESHWANTHAPUR BANGALORE
R/A HOUSE NO.424/C, SHANTHINIKETHAN COLONY O/H DAEWOO KRUPA, P B ROAD, HUBLI 580 025 ... PETITIONERS
(BY SRI SUBBARAO, SR.ADVOCATE A/W SRI M SUBRAMANYA BHAT, ADVOCATES)
-59-
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT, M S BUILDING
DR B R AMBEDKAR VEEDHI BANGALORE-560 001
2. THE TRANSPORT COMMISSIONER IN KARNATAKA, M.S.BUILDING DR. B.R.AMBEDKAR VEEDHI
BANGALORE – 560 001 3. THE KARNATAKA PUBLIC SERVICE
COMMISSION, UDYOG BHAVAN BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY
4. H.G.SOMASHEKARA, S/O LATE GANGEGOWDA AGED ABOUT 35 YEARS
RESIDING BEHIND T.B. SAKREPATNA – 577 135
KADUR, CHICKMAGALUR DISTRICT 5. K MARILINGAPPA, S/O K.NINGAPPA
AGED ABOUT 37 YEARS R/A RAMPURA POST KUDLIGI TALUK, BELLARY DISRICT
6. VENUGOPAL, S/O LATE K M SHIVARAM AGED ABOUT 39 YEARS
R/A DOOR NO.97, F. KOLIDARA ROAD JAYALAKSHMIPURAM, MYSORE
7. VERABHADRAPPA HARIHAR S/O.GURUSHANTHAPPA H AGED ABOUT 37 YEARS
R/A NO.3247, VEERESHKRUPA 11TH MAIN, 2ND CROSS, M C C ‘B’ BLOCK, DAVANAGERE-4
8. KUMAR H M, S/O.MARILIGAIAH AGED ABOUT 40 YEARS
NO.18/64(1) SUDARSHAN BADAVANE MADIKERI, KODAGU DIST
9. K YOGENDRA, S/O.KRISHNAPPA AGED ABOUT 33 YEARS
-60-
R/A NO.16, ESHWAR RAO COMPOUND 8TH MAIN, T DASARAHALLI
NAGASANDRA POST, BANGALORE 10. ANANDA KUMAR B G, S/O.GOVINDAPPA
AGED ABOUT 32 YEARS, R/A NO.64, I MAIN ROAD PARVATHIPURAM, BANGALORE-560 004
11. HAREESH B K, S/O.C KODANDARAM R/A NO.29, 5TH CROSS, 6TH MAIN KSRTC, C/O.J P NAGAR 2ND PHASE
BANGALORE 12. ANAND K C, S/O.CHANDRASHEKAR
AGED ABOUT 32 YEARS R/A NO.54/1, 1ST ‘D’ CROSS, REMCO LAYOUT VIJAYANAGAR II STAGE, BANGALORE-560 040
13. K RAJESH, S/O.K RAMESH SHET
AGED ABOUT 36 YEARS
R/A DAIVAJNA COMPOUND BTR ROAD, OPP M G PARK
KUNDAPURA 576 201 14. ARUN SURENDRA PATIL, S/O.SURENDRA S PATIL
AGED ABOUT 37 YEARS, C/O.KUNTOJI BUILDING NEAR SANTABAI TEMPLE, SAHU NAGAR, KAWALI GATE BIJAPUR
15. SHASHIKUMAR E
S/O.P EKANANDAS
AGED ABOUT 33 YEARS R/A NO.24, ‘SRINIVASA NILAYA’ 2ND FLOOR, 8TH MAIN, 3RD CROSS
MANJUNATHA NAGAR BANGALORE 560 010 ... RESPONDENTS
(By SRI MADHUSUDAN R NAIK, SR. ADVOCATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D.K. ADVOCATE FOR R1 & R2; SRI REUBEN JACOB, ADVOCATE FOR R3; SRI H SUBRAMANYA
JOIS, SR. ADVOCATE A/W SRI RANGANATH S JOIS, ADVOCATE FOR C/R4, R6-R9, R11-R13 AND R15; R5, R10 & R14 - SERVED)
W.P.NOS.17481/2010 & 17485-17490/2010 & 17723-17727/2010 ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE
RECORDS IN APPLICATIONS NOS.182 TO 185, 187, 195, 197-202/2007 ON THE FILE OF KARNATAKA ADMINISTRATIVE
-61-
TRIBUNAL, BANGALORE AND HOLD THAT THE ORDER DT.25.5.10, MADE IN AFORESAID APPLICATION ON 25.5.10, VIDE ANN-A AS
ILLEGAL & THAT THE KARNATAKA ADMINISTRATIVE TRIBUNAL HAS MADE SERIOUS ERRORS OF LAW WHICH ARE APPARENT ON THE FACE OF RECORD & THAT THE ORDER IS MANIFESTTLY ILLEGAL
AND ETC.
IN WP NOS.19401/2011 & 21520-21530/2011 (S-KAT) BETWEEN:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
TRANSPORT DEPARJTMENT M S BUDLING, BANGALORE – 560 001
2. THE TRANSPORT COMMISSIONER IN KARNATAKA M S BUIDLNIG, DR.AMBEDKAR VEEDHI BANGALORE – 560 001 ... PETITIONERS
(By Sri.MADHUSUDAN R NAIK, SR. ADVOCATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D K, ADVOCATES)
AND:
1. H G SOMASHEKARA AGED 37 YEARS S/O H A GANGEGOWDA
BEHIND T B SAKREPATNA 577 135 KADUR TALUK, CHICKMAGALUR
DISTRICT. 2. MARIILINGAPPA K S/O NINGAPPA K
AGED 39 YEARS,RAMAPURA POST KUDLIGI TALUK, BELLARY DISTRICT
3. VENUGOPAL S/O LATE K M SHIVARAM AGED 41 YEARS, DOOR NO.97, F KOLIDARA ROAD JAYALAKSHMIPURAM MYSORE
4. VEERABAHDRAPPA HARIHAR S/O GURUSHANATHAPPA H
AGED 39 YEARS, 3247, VEERESHKRUPA 11TH MAIN
2ND CROSS, MCC B BLOCK DAVNAGERE - 4
5. KUMARA H M, S/O MALIRANGAIAH AGED 42 YEARS, NO.18/64(1)
-62-
SUDARSHAN BADAVANE MADIKERI, KODAGU DISTRICT
6. K YOGENDRA S/O KRISHNAPPA
AGED 35 YEARS
NO.16, ESHWARA RAO COMPOUND 8TH MAIN, T DASARAHALLI NAGASANDRA POST, BANGALORE
7. ANANDA KUMAR B G, S/O GOVINDAPPA AGED 34 YEARS, NO.64, I MAIN ROAD
PARVATHIPURAM, BANGALORE - 4 8. HAREESH B K, S/O C KODANDARAM
AGED 34 YEARS NO.29, 5TH CROSS, 6TH MAIN KSRTC C/O J P NAGAR
2ND PHASE BANGALORE 9. ANAND K C, S/O CHADNRASHEKAR
AGED 34 YEARS NO.54/1, I ‘D’ CROSS
REMCO LAYOUT, VIJAYANAGAR II STAGE, BANGALORE – 560 040
10. K RAJESH, S/O K RAMESH SHET AGED 39 YEARS, DALVAJNA COMPOUND BTR ROAD, OPP. M.G.PARK
KUNDAPURA 576 201 11. ARUN SURENDRA PATIL S/O SURENDRA S PATIL
AGED 39 YEARS, C/O KUNTOJI BUIDLING NEAR SANTABAI TEMPLE SAHU NAGAR, KAWALI GATE, BIJAPUR
12. SHASHIKUMAR E, S/O P EKANANDA
AGED 35 YEARS, NO.24,SRINVIASA NILAYA
2ND CROSS, 8TH MAIN 3RD CROSS MANJUNATHA NAGAR, BANGALORE - 10
13. THE KARNATAKA PUBLIC SERVICE COMMISSION PARK HOUSE, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY
14. KAMBLE SATISHKUMAR, S/O SRI SHANKAR
AGED ABOUT 43 YEARS, R/AT NAGARAL
CHIKKODI TALUK, BELGAUM DISTRICT
-63-
15. S G JAMALUDHEEN, S/O SRI S S GHAZNAVI AGED ABOUT 52 YEARS
R/AT NO.22/1, 6TH CROSS, REHMAT NAGAR, R.T.NAGAR POST
16. H S HEMANTH, S/O SRI H S SEETHARAMU AGED ABOUT 34 YEARS R/AT DOOR NO.EWS 720
III MAIN RAOD, KUVEMPUNAGAR HASSAN 573 201
17. T H MAHESHKUMAR, S/O SRI T G HANUMANTHA RAO AGED ABOUT 37 YEARS R/AT NO.143, ANNAPOORNESHWARI
2ND CROSS, 5TH MAIN JAYANAGAR EAST, SHETTIHALLI
MAIN ROAD,TUMKUR
18. V RAVI, S/O SRI N VEERABADRAPPA
AGED ABOUT 46 YEARS, NO.55, 4TH CROSS
LINK ROAD, MALLESHWARAM BANGALORE – 560 003
19. T MURALIDHARA, S/O SRI C THIMMAIAH
AGED ABOUT 46 YEARS
R/AT NO.3531, 7TH CROSS GAYATHRI NAGAR, BANGALORE – 560 021
20. RAMESH B S, S/O SRI B K SEETHRAMAIAH AGED ABOUT 43 YEARS, NO.295, 8TH MAIN 15TH CROSS, WILSON GARDEN
BANGALORE – 560 030 21. M D SHARASH CHADNRA HEGDE
S/O SRI K DEVARAJA HEGDE AGED ABOUT 37 YEARS NO.168/F3, SHRINAGAR, 8TH MAIN
SARVAJANIKA HOSTEL ROAD VIDYARANYAPURAM, MYSORE -570 008
22. MOHD. JAFAR SAIDK, S/O SRI T N NAVALI AGED ABOUT 37 YEARS, FIZA COMPUTERS, I FLOOR ABU BAKAR COMPELX
DAILY MARKET ROAD, KOLLA AREA GANGAVATHI - 583 227
23. MAHESH A C, S/O SRI CHANDRA GOWDA AGED ABOUT 36 YEARS, NO.36, ARALAKUPPE
-64-
VITALAPURA POST, K R PET TALUK MANDYA DISTRICT
24. SURESHA C, S/O LATE CHANNAPPA
AGED ABOUT 36 YEARS
NO.L-07, KALABHYRAVA NILAYA 4TH MAIN ROAD, HEBBAL I STAGE
METAGALLI, MYSORE - 570 016
25. NAGARAJ SHELAGI, S/O SRI SABANNA B SHELAGI
AGED ABOUT 34 YEARS, HOUSE NO.424/C
SHANTHINIKETHAN COLONY O/H DAEWOO MOTORS
BHAIRIDEVER KRUPA
P.B.ROAD, HUBLI - 580 025 26. A R RAGHUNANDAN, S/O SRI A P RAJAGURU
AGED ABOUT 28 YEARS, R/AT NO.77, HVR ALYOUT 6TH MAIN, BANGALORE - 560 079
27. VISHWANATHA SHETTAR, MAJOR NO.278, WARD NO.8, BALULAMUTT
OPP. STATION ROAD, BAGALKOT - 587 101 28. MANJUNATH G R, S/O G K RANGACHARI
MAJOR, GOWDARAKALLI NEEJIGERE POST, SALKESHPUR TALUK HASSAN DISTRICT - 573 134
29. SURESH B M, S/O MUDDERE GOWDA G K
MAJOR, SRIDEVINILYA, POST OFFICE ROAD
HALAGUR, MALAVALLI TALUK MANDYA DISTRICT - 571 421
30. SURESH, MAJOR NO.1775/17, VINAYAKA NAGARA POST NIJAGUNDI, B.BAGEDAWADI TALUK
BIJAPUR DISTRICT - 586 213 31. PRAVEEN N S, MAJOR
NO.84/2B, 5TH CROSS RAJENDRANAGAR, MYSORE 570 007
32. HARSHA H P, MAJOR C/O M PARAMESHWARAPPA MARUTHI NILAYA, UNION COLONY
HEAD POST OFFICE ROAD CHITRADURGA - 577 501
-65-
33. SANTHOSH SHETTY, MAJOR, S/O HARIYANA SHETTY MALEKABBINABYLE POST
AND VILLAGE, HULLUR, KUNDAPURA - 578 229
34. SHIVAKUMAR N, MAJOR NO.63, BELEGERE NANJANGUD TALUK
MYSORE DISTRICT - 571 129 35. H R PRAKASH, MAJOR
HANUTHUR VILLAGE AND POST MUDUGERE TALUK,
CHICKMANGALORE DISTRICT.
36. K V NAGARAJ S/O VEERABHADRAPPA
MAJOR, KALPUR POST
CHAMARAJANAGAR TALUK AND DISTRICT 37. YOGESH C, MAJOR
C/O K R HANUMAPPA BAGANNA NILAYA
10TH CROSS, IUDP LAYOUT N.H.4, BANGALORE ROAD CHITRADURGA
38. MAHESH C MATTAPATHI, MAJOR
C/O C.B.MATTAPATHI
MARDIMUTT, AT POST, GOKAK TALUK BELGAUM DSITRICT
39. R RAKESH, MAJOR KAMALAMMA KEMPANNA COMPOUND VENUGOPALASWAMY TEMPLE ROAD
4TH BLOCK, D.B.SANDRA VIDYARANYAPURAM BANGALORE
40. C N KANNAN, MAJOR S/O NANJAIAH M B KARINANJAPURA LAYOUT, SOMVARPET POST
CHAMARAJANAGAR TALUK & DISTRICT
41. J V SUNDAR, MAJOR
NO.230, OPH ROAD NEAR JAIN TEMPLE BANGALORE-560 051
-66-
42. PRASHANTH MARALINGANAVAR, MAJOR AT POST KULLUR, RAMADURGA
BELGAUM DISTRICT 43. YOGESH, MAJOR
NO.6531, BASAVAKRUPA 16TH CROSS,. NAGESHWARAN LAYOUT NANJANGUD, MYSORE DISTRICT
44. SIDDALINGESH BELAD, MAJOR
S/O D V BELAD, SIDDALING SADAN
3RD MAIN ROAD, 2ND CROSS, HUDCO COLONY GADAG
45. IMTHIAZ PASHA, MAJOR NO.3718/2, 8TH CROSS 9TH MAIN ROAD, KAUVERI ROAD
BSK 2ND STAGE, BANGALORE-560 070 46. VINAY CHOUDHARI K, MAJOR
NO.7, 3RD CROSS SURVEY NO.129,. KRISHNAPPA LAYOUT
BEM NAGAR 8TH STAGE, BANGALORE-560 098 47. KESHAVAPPA N, MAJOR
NO.1609, HBR LAYOUT NEAR 10TH BMTC DEPOT KACHARAKKANAHALLI
KALYAN NAGAR POST BANGALORE-560 043
48. MD KHALEEL A S, MAJOR J C R EXTENSION 2ND CROSS, NEAR KANNADA
PRIMARY SCHOOL, CHITRADURGA-1 49. C SUNIL, MAJOR
NO.30/1, MANJUNATHASWAMY NILAYA CHOWDESHWARI TEMPLE STREET BATAVADI, TUMKUR-3
50. MARUTHI NAIK, MAJOR
TARI BAGELU, HEGDE POST
KUMTA TALUK UTTARA KANNADA DISTRICT-581 330
51. C S SATISH, MAJOR NO.8/1, BHARATHI NIYALA
-67-
JYOTHI RAO LANE 3RD CROSS AT STREET
YESHWANTHAPURA, BANGALORE-560 022 52. JAVARAIAH K, MAJOR
S/O KARAGAIAH NO.112, EWS NEAR MADEGOWDA CIRCLE 1ST STAGE, HEBBAL, MYSORE-570 018
53. ABDUL NAZIM, MAJOR
CHARGEMAN, KSRTC
SHIVANASAMUDRAM BLUFF MALAVALLI TALUK, MANDYA DISTRICT
54. BALACHANDRA THODALABAGI, MAJOR S/O H S THODALABAGI CHALUKYANAGAR, SHOLAPUR ROAD
BIJAPUR-1 55. BASAVARAJU M, MAJOR
S/O MUNISWAMY, SHIVAKRUPA MINI VIDHANA SOUDHA
ARASIKERE 2ND BLOCK RAJAJINAGAR BANGALORE-560 010
56. PUTTUSWAMY H N, MAJOR
NO.16, MANJUNATHASWAMY NILAYA
19TH A MAIN ROAD NEAR VENKATESHWARA THEATRE G E F POST AVALAHALLI
BANGALORE-560 028 57. PRABHAKAR N, MAJOR
S/O M NARASIMHAIAH NAGUVANAHALLI SRIRANGAPATNA TALUK
MANDYA DISTRICT-571 438
58. PRABHAKAR, MAJOR S/O SHARANAPPA CHAWHAN JAVALGAZ, ALAND
GULBARGA DISTRICT 59. ASHFAN B S, MAJOR
S/O SHAMSUDDIN B A
-68-
NEAR SHIFFAZ CLINIC GANAPTHI STREET, MADIKERI-571 201
60. K G RAMASWAMY, MAJOR
NO.126, 8TH CROSS
8TH BLOCK, BDA LAYOUT NAGARABHAVI 2ND STAGE BANGALORE-560 072
61. NANDISH S N, MAJOR
S/O NANJUNADAGOWDA S T
SIDDANNAHALLI VILLAGE S MADAMANGALA POST BANGALORE-563 114
62. C TIPPESWAMY
NO.1537, 4TH C MAIN ROAD
1ST FLOOR, RAMCO LAYOUT VIJAYANAGARA POST 2ND STAGE
BANGALORE-560 040
63. B S NANDISH, MAJOR S/O SRINIVASAMURTHY BASAVARAJANAGAR
BENDEKERE POST ARASIKERE TALUK HASSAN DISTRICT
64. N PRABHU, MAJOR
S/O NANJUNDAIAH M
VIVEKANADANAGARA GARDEN HOUSE BANGARPET-583 114
65. JAGADISH G, MAJOR
C/O D K KANNIMANNA
KANIVENILAYA NO.189. MAHALAKSHMINAGAR BATAVADI, TUMKUR-572 103
66. SHARANAIAH, MAJOR
S/O RAMAIAH VIBHUTH
HUDGI POST, HUMNABAD BIDAR DISTRICT-585 329
67. RAMACHANDRA K P, MAJOR NO.678, MAIN ROAD
-69-
KIKKEERI, K R PET TALUK MANDYA DISTRICT
68. RAJESH S P, MAJOR
NO.12, 8TH CROSS
8TH MAIN, VIDYARANYAPURAM MYSORE
69. ARUN FAKIRAPPA KATIMANI C/O F K KORAVAR BUILDING KAGOR ROAD, GADAG-1
70. RAGHU M H, MAJOR
TRUPTHI 2ND CROSS
80 FEET ROAD, BATAWADAI, TUMKUR-3 71. PAVITHRA K, MAJOR
D/O LAKSHMAN PUJARI K BANGERA COMPOUND ULLANDI PUTTUR
DAKSHINA KANNADA DISTRICT-574 201
72. RAVIRAJ, MAJOR SINDU NO.F1/10, PARASVADI 2ND STAGE KESHAVAPUR, HUBLI-30
73. SAIFUDDIN KHAN, MAJOR
M I G 85, NEAR HUDCO STAGE
BANNIMANTAP, MYSORE-15 74. DILIP KUMAR R, MAJOR
NO.1075, 32ND CROSS SRI M V EXTENSION S I T MAIN ROAD, TUMKUR-2
75. VISHWAJEET MALAJURE, MAJOR
NO.310, SHRAVANTHI WOODS
NOBO NAGAR, BANNERGHATTA ROAD BANGALORE-560 078
76. SHAMBUSHEKAR J M, MAJOR NO.97, 8TH CROSS, A BLOCK D DEVARAJ URS LAYOUT
DAVANAGERE-6 77. SHEKAR A, MAJOR
NO.1, KONNAKUNTE CROSS
-70-
KANAKAPURA MAIN ROAD BANGALORE-560 062
78. VENKATAPPA, MAJOR
NO.1-5-207, NEAR S BH GURUMITKAL POST
YADAGIR TALUK GULBARGA DISTRICT-585 214
79. T SUDHIR BABU, MAJOR S/O C THIMMAPPA NO.2056, SRI BALAJI KURPA
CHELUVAIAH STREET RAMAMURTHYNAGAR BANGALORE-560 016
80. VINAYKUMAR D H, MAJOR
C/O SATHYANARAYANA
NO.775, EWS HOUSING BOARD KUVEMPUNAGAR, HASSAN-1
81. MAHANTHESH, MAJOR, 2-12-248 SRISHYLA MALLIKARJUNA NILAYA
NEAR WATER TANK, BUS STAND LINGASUGUR-584 122
82. RAMESH SHANKAR MILAGI, MAJOR AUTOMOBILE ENGINEER B-21, HEERANAGAR FACTORY COLONY
SANKESHWAR-HUKKERI BELGAUM DISTRICT-591 314
83. OMPRAKASH ADIN, MAJOR APDOUPPARATHI, GOKAK BELGAUM DISTRICT-581 233
84. G N SURESH, MAJOR
S/O NEELAKANTAIAH
LINGANAHALLI POST CHENNAGIRI, SHIMOGA DISTRICT-577 221
85. T S GIRIDHAR, NO.447 B, 9TH CROSS 2ND STAGE, J.P.NAGAR BANGALORE-560 078
86. MURTHUNJAYA HONNAKERE, MAJOR
NO.8, 9TH CROSS
VISHWESHNAGAR, HUBLI-32
-71-
87. NAGARAJ D B, MAJOR S/O BORAPPA DODDENAHALLI RANGASAMUDRA
PAVAGADA, TUMKUR DISTRICT-581 202 88. SUDHAKAR M N, MAJOR
R.R ENTERPRISES NO.41, D.DUTHIL YESHWANTHAPURA INDUSTRIAL SUBURB
BANGALORE-560 022 89. SURESH KUMAR R, MAJOR, S/O RAMANNA N
TELEPHONE EXCHANGE KUDUR, MAGADI TALUK BANGALORE RURAL DISTRICT-581 101
90. G NAGARAJA, MAJOR
S/O LATE GOSHAPPA
SASALAKUNTE POST PAVAGADA TALUK TUMKUR DISTRICT-581 202
91. SADRULLA SHARIFF H, MAJOR
C/O NAGENDRA, MAVINAKERE POST, TURUVEKERE, TUMKUR DIST-572 221
92. H PRASANNA, MAJOR NO.151/B, 3RD BLOCK KENDRIYA VIHAR
YELAHANKA, BANGALORE-560 084 93. SOMASHEKAR PRABHU, MAJOR
NO.116, 2ND STAGE HANUMAN NAGAR, BELGAUM-590 001
94. MALLIKARJUNA, MAJOR HOSA AGRAHARA K.R.NAGAR TALUK
MYSORE DISTRICT-571 602 95. PRAKASH HULABATTI, MAJOR
C/O HEMAPPA M SANGAMESHWAR NILAYA SUNDARGERE STREET,
HASARAPPANAHALLI DAVANAGERE DISTRICT-583 131
96. ASADULLA BAIG M M, MAJOR NO.D-1/352, NEAR MOSQUE
-72-
2ND MAIN ROAD, R.LEELAVATHI EXTENSION MADDUR, MANDYA DISTRICT
97. RANJITHA B K, MAJOR
NO.257, TEJESH NILAYA
HOYSALA NAGAR, BORANAHALLIKERE POLICE COLONY, HASSAN-573 201
98. PARAMANANDA SAJJAN, MAJOR BYCODE, SINDAGI TALUK BIJAPUR DISTRICT-586 120
99. GOVINDALALU RATHOD, MAJOR
S/O LALU RATHOD
ARAKERE, L.T.3., BIJAPUR TALUK AND DISTRICT-586 103
100. NAYAS KHAN PATTAN, MAJOR AZAD NAGAR, HIREKERUR TALUK HAVERI DISTRICT-581 111
101. VARADARAJU, MAJOR
NALKARAHALLE RASTHE BANDALI POST, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT-571 439
102. H R SOWMYA, MAJOR, D/O RUDRAPPA
NEW NES CROSS QUARTERS
NO.576, MYSORE CEMENTS LIMITED AMMASANDRA, TUMKUR-572 211
103. GIRISH BABU H T, MAJOR NO.78, KHB COLONY 2ND CROSS, OOTY ROAD
NANJANGUD, MYSORE DISTRICT 104. POORNIMA, MAJOR
SHIVACHANDRA, 101/1 GANDHIJI ROAD MARY HILL, MANGALORE-8
105. RAVI BHISE, MAJOR
PARADHOL POST, INDI TALUK
BIJAPUR DISTRICT-586 204 106. VINAYAKA NAIK, MAJOR
NO.356, MARUTHI PRIMARY SCHOOL
-73-
GANESHPUR, INDALGA POST BELGAUM TALUK AND DISTRICT-591 108
107. NARENDRA S, MAJOR, S/O SHANTHAPPA T
NO.295, 1ST ‘B’ CROSS, 3RD MAIN
6TH BLOCK, 2ND PHASE BSK 3RD STAGE, BANGALORE-560 085
108. YESHWANTHKUMAR P R, MAJOR NO.19, 1ST CROSS K.C.ROAD, VIVEKNAGAR
HASSAN-1 109. MANJUNATH K, MAJOR, S/O BASAVARAJA KORDHI
C/O BABUVANTHI, EX.MANAGER, OPP. MRMC SUNDAR NAGAR, GULBARGA-585 105
110. KAMAL BABU, MAJOR, S/O KULAI C G MALLASANDRA VILLAGE AND POST BAGEPALLI, KOLAR DISTRICT-581 201
111. CHETHAN, MAJOR
NO.3-26-2198/2, AKSHAYA MANJUNATHA COLONY KADIRI, BAJPAI POST
MANGALORE-575 004 112. VIRUPAKSHAPPA ANNEPPAGOL, MAJOR
DREAM GARDEN APARTMENTS 10TH CROSS, CHANDRANATHANAGAR NEAR VIJAYA HOTEL, HUBLI-32
113. MAHADESHAPPA M, MAJOR
S/O MADDAIAH, NO.C-122, TMC LAYOUT
CHENNAPATNA TALUK BANGALORE RURAL DISTRICT-571 501
114. K N GOPIKRISHNA, MAJOR NO.2504, TEJASWINI NILAYA SHIVAGANGA NAGAR
BATAVADI, TUMKUR 115. SRINIVASA P V, MAJOR
BEHIND GOVT. HOSPITAL RAIN QUARTERS, GUAGE EXTENSION PAVAGADA, TUMKUR DISTRICT-581 202
-74-
116. B N LAKSHMI, MAJOR W/O A R SUDARSHAN
ANKAPURA VILLAGE AND POST HASSAN TALUK & DISTRICT-573 120
117. K V RAGHURAM, MAJOR NO.221, 9TH MAINROAD 2ND CROSS, NAGENDRA EXTENSION
BANASHANKARI I STAGE BANGALORE-560 050
118. RAMESH S, MAJOR NO.132, V ALLOTMENT 8TH CROSS, 3RD MAIN ROAD
MARUTHINAGAR, YELAHANKA BANGALORE-560 084
119. ANIL KUMAR C P, MAJOR C/O K S PRASAD, INSPECTOR C.B MALATHESHANILAYA
FORT, CHICKMAGALUR
120. SHARANABASSAPPA AKKI, MAJOR C/O B S THYAMANAVAR NEAR GANESH TEMPLE SANGOLI
RAYANANAGARA DHARWAD-580 002
121. MANJUNATH PRASAD T N, MAJOR NO.2758, 4TH MAIN ROAD 2ND STAGE, KUMARASWAMY LAYOUT
BANGALORE-78 122. RANJITH N, MAJOR
S/O NANJUNDAIAH NO.99, 4TH MAIN ROAD H.V.R LAYOUT
KHB COLONY, MAGADI ROAD BANGALORE-560 079 ... RESPONDENTS
(By SRI REUBEN JACOB, ADVOCATE FOR R13; SRI SHRIDHAR PRABHU FOR M/S SRIDHAR PRABHU ASSOCIATES, ADVOCATES FOR R14; SRI J PRASHANTH FOR M/S RAVIVARMA KUMAR
ASSOCIATES, ADVOCATES FOR R15, R16, R20, R21, R22, R25, R27, R29 TO R54 AND R56 TO R122; R1 TO R12, R17 TO R19, R23, R24, R26, R28 AND R55 ARE SERVED)
-75-
W.P.NOS.19401/2011 & 21520-21530/2011 ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE RECORDS IN APPLICATION NOS. 182 TO 185, 187, 195, 197 TO 202 OF 2007 DATED 25.5.2010 ON THE FILE OF THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE AS PER ANNEXURE-A AND SET ASIDE THE IMPUGNED ORDER DATED 25.5.2010 IN APPLICATION NOS.182 TO 185, 187, 195, 197 TO 202 OF 2007 DATED 25.5.2010 ON THE FILE OF THE
HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, BANGALORE AS PER ANNEXURE-A AND ETC.
IN WP NO.24525/2010 (S-KAT) BETWEEN:
KAMBLE SATISHKUMAR AGED ABOUT 40 YEARS
S/O SRI SHANKAR RESIDING AT NAGARAL CHIKKODI TALUK
BELGAUM DISTRICT ... PETITIONER
(By SRI NATARAJU B HALEMANE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TRANSPORT DEPARTMENT M.S. BUILDING BANGALORE-560 001
2. THE SECRETARY
THE KARNATAKA PUBLIC SERVICE
COMMISSION, PARK HOUSE, BANGALORE-560 001 3. THE COMMISSIONER
DEPARTMENT OF TRANSPORT GOVERNMENT OF KARNATAKA M.S. BUILDING
BANGALORE-560 001 ... RESPONDENTS (By SRI MADHUSUDHAN R NAIK, SR. COUNSEL AS SPECIAL
COUNSEL A/W SRI RAVINDRA D.K, ADVOCATES FOR R1 & R3)
W.P.NO.24525/2010 IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUAH THE ORDER PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN
-76-
ALPPLICATION 2360/2008 DTD. 26.05.2010 VIDE ANNEX-J AND DIRECT THE R2 TO CONSIDER THE SELECTION OF THE PETITIONER
UNDER RESERVE QUOTA FIXED FOR SCHEDULE CASTE CUM PROVISIONAL DISPLACED PERSON (SC/PDP) UNDER ANNEX-B AND ETC.
IN WP Nos.41905-41908/2010 & 6747-6758/2011 (S-KAT)
BETWEEN:
1. SRI RAKESH R, S/O RAJANNA B K AGED ABOUT 26 YEARS KAMALAMMA KEMPANNA COMPOUND
VENUGOPALASWAMY TEMPLE ROAD 4TH BLOCK, D B SANDRA, VIDYARANYAPURAM BANGALORE-560 097
(WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT K.R.PURAM BANGALORE)
2. SRI. HARSHA H P , S/O PRAKASH H E
AGED ABOUT 25 YEARS C/O M PARAMESHWARAPPA MARUTHINILAYA, UNION COLONY
HEAD POST OFFICE ROAD, CHITRADURGA-577501 (WORKING AS MOTOR VEHICLES INSPECTOR AT REGIONAL TRANSPORT OFFICE AT MANGALORE)
3. SRI. SANTHOSH SHETTY M K, S/O HARIYANNA SHETTY
AGED ABOUT 31 YEARS
MALEKABBINABYLE POST AND VILLAGE HULLUR, KUNDAPUR-578 229 (WORKING AS MOTOR VEHICLES
INSPECTOR AT ASST. REGIONAL TRANSPORT OFFICE AT HONNAVARA)
w4. SMT. PAVITHRA K, D/O LAKSHMAN PUJARI K AGED ABOUT 27 YEARS BANGALORE COMPOUND
ULLANDI, PUTTUR DAKSHINA KANNADA-574 201 (WORKING AS MOTOR VEHICLES INSPECTOR
AT REGIONAL OFFICE AT SHIMOGA) ... PETITIONERS (By SRI ABHINAV R FOR M/S KUMAR & KUMAR, ADVOCATES)
-77-
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOME DEPARTMENT
M.S.BUILDING BANGALORE-560 001
2. THE KARNATAKA PUBLIC SERVICE COMMISSION PARK HOUSE, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY
3. THE TRANSPORT COMMISSIONER IN KARNATAKA
M.S.BUILDING, DR. ABMEDKAR VEEDHI
BANGALORE-560 001 4. SRI. H G SOMASHEKARA
S/O H A GANGEGOWDA BEHIND T B SAKREPATNA-577 135 KADUR TALUK
CHICKMAGALUR DISTRICT
5. SRI. MARILINGAPPA K S/O NINGAPPA K AGED 35 YEARS
RAMAPURA POST KUDLIGI TALUK BELLARY DISTRICT
6. SRI. VENUGOPAL
S/O LATE K M SHIVARAM
AGED 37 YEARS DOOR NO. 97, F KOLIDARA ROAD JAYALAKSHMIPURAM
MYSORE 7. SRI. VEERABHADRAPPA HARIHAR
S/O GURUSHANTHAPPA H AGED 35 YEAS NO. 3247, VEERESHKRUPA
11TH MAIN, 2ND CROSS M C C , "B" BLOCK, DAVANAGERE-4
8. SRI. KUMARA H M S/O MALIRANGAIAH AGED 38 YEARS NO. 18/64(1) SUDARSHAN BADAVANE
MADIKERI, KODAGU DISTRICT
-78-
9. SRI. K YOGENDRA S/O KRISHNAPPA
AGED 31 YEARS NO.16, ESHWAR RAO COMPOUND 8TH MAIN, T DASARAHALLI
NAGASANDRA POST, BANGALORE 10. SRI. ANANDA KUMAR B G
S/O GOVINDAPPA AGED 30 YEARS NO.64, 1ST MAIN ROAD
PARVATHIPURAM BANGALORE-560 004
11. SRI. HAREESH B K S/O C KODANDARAM AGED 30 YEARS
NO.29, 5TH CROSS, 6TH "A" MAIN K S R T C C/O J P NAGAR 2ND PHASE, BANGALORE
12. SRI. ANAND K C
S/O CHADNRASHEKAR AGED 30 YEARS NO.54/1, 1ST "D" CROSS
REMCO LAYOUT, VIJAYANAGAR II STAGE BANGALORE-560 040
13. SRI. ARUN SURENDRA PATIL S/O SURENDRA S PATIL AGED 35 YEARS
C/O KUNTOJI BUILDING NEAR SANTABAI TEMPLE SAHU NAGAR, KAWALI GATE
BIJAPUR 14. SRI. SHASI KUMAR E
S/O P EKANANDA
AGED 31 YEARS NO.24, SRINIVASA NILAYA 2ND FLOOR, 8TH MAIN
3RD CROSS, MANJUNATHNAGAR BANGALORE-560 010 ... RESPONDENTS
(By SRI MADHUSUDHAN R NAIK, SENIOR COUNSEL AS SPECIAL COUNSEL A/W SRI D.K. RAVINDRA, ADVOCATES FOR R1 & R3; SRI REUBEN JACOB, ADVOCATE FOR R2; SRI H SUBRAMANYA
JOIS, SENIOR COUNSEL A/W SRI RANGANATH S JOIS FOR M/S JOIS ASSOCIATES, ADVOCATES FOR R4, 6 TO 9, 11, 12 & 14)
-79-
THIS W.P. Nos. 41905-41908/2010 & 6747-6758/2011 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.05.2010 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE IN
APPLICATION NOs.182 TO 185, 187, 195, 197 TO 202/2007 AT ANNEX-A TO THE PRESENT W.P. AND CONSEQUENTLY REJECT THE APPLICATIONS FILED BY THE CONTESTING RESPONDENTS AND
ETC.
IN W.P.NOS.908-911/2011 (S-KAT) BETWEEN:
1. K V SUNDAR, S/O LATE VISWANATHA
AGED : 33 YEARS, R/A NO. 230, OPH ROAD
NEAR JAIN TEMPLE, BANGALORE-560 051 WORKING AS MOTOR VEHICLE INSPECTOR IN K R PURAM, REGIONAL
TRANSPORT OFFICE, BANGALORE
2. IMTIYAZ PASHA AGED ABOUT 37 YEARS S/O AMEER PASHA
R/O NO.3718/2, 8TH CROSS 9TH MAIN, KAVERI NAGAR BANASHANKARI II STAGE,BANGALORE
WORKING AS M V INSPECTOR, R T O HASSAN 3. C YOGESHA
AGED ABOUT 39 YEARS S/O H M CHANNA BASAVAIAH C/O K R HANUMAPPA
BAGANNA NILAYA, 10TH CROSS, IVDP LAYOUT N H 4 BANGALORE ROAD, CHITRADURGA WORKING AS M V INSPECTOR R.T.O HAVERI
4. MOHAMMED KHALID A S
AGED ABOUT 32 YEARS
S/O A SHAIK MAHABOOB R/A JCR EXTENSION, II CROSS NEAR KANNADA PRIMARY SCHOOL
CHITRADURGA, WORKING AS M V INSPECTOR R T O, PUTTUR – 9 ... PETITIONERS
(By SRI RAVI G SABHAHIT, ADVOCATE)
-80-
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
HOME DEPARTMENT M S BUILDING, BANGALORE
2. THE KARNATAKA PUBLIC SERVICE COMMISSION PARK HOUSE, BANGALORE REPRESENTED BY ITS SECRETARY
3. THE TRANSPORT COMMISSIONER
OF KARNATAKA, M S BUILDING
DR. AMBEDKAR VEEDHI BANGALORE- 560 001
4. H G SOMASHEKHARA AGE: 33 YEARS S/O H A GANGEGOWDA
BEHIND T B SAKREPTNA - 577135 KADUR TALUK
CHICKMAGALUR DISTRICT 5. MARILINGAPPA K, S/O NINGAPPA K
AGE: 35 YEARS, RAMAPURA POST KUDLIGI TALUK, BELLARY DISTRICT
6. SRI VENUGOPAL, S/O LATE K M SHIVARAM AGE: 37 YEARS, DOOR NO. 97, F KOLIDARA ROAD JAYALAKSHMIPURAM, MYSORE
7. VEERABHADRAPPA HARIHAR
AGED ABOUT 35 YEARS
S/O GURUSHANTHAPPA H 3247, VEERESHKRUPA 11TH MAIN, 2ND CROSS
MCC "B" BLOCK, DAVANAGERE-4 8. KUMARA H M, S/O MALIRANGAIAH
AGED ABOUT 38 YEARS NO. 18/64(1), SUDARSHANA BADAVANE MADIKERI, KODAGU DISTRICT
9. K YOGENDRA, S/O KRISHNAPPA
AGED ABOUT 31 YEARS
NO.16, ESHWAR RAO COMPOUND
-81-
8TH MAIN, T DASARAHALLI NAGASANDRA POST, BANGALORE
10. ANANDA KUMAR B G
AGED ABOUT 30 YEARS
S/O GOVINDAPPA NO. 64, 1ST MAIN ROAD PARVATHIPURAM, BANGALORE- 4
11. HAREESH B K
AGED ABOUT 30 YEARS
S/O C KONDANDARAM NO. 29, 5TH CROSS, 6TH A -MAIN J P NAGAR, 2ND STAGE
BANGALORE 12. ANAND K C, S/O CHANDRASHEKAR
AGED ABOUT 30 YEARS NO. 54/1, 1ST ‘D’ CROSS REMCO LAYOUT, VIJAYANAGAR
II STAGE, BANGALORE-40
13. SRI K RAJESH AGED ABOUT 34 YEARS S/O K RAMESH SHET
DAIVAJNA COMPOUND BTR ROAD, M G PARK KUNDAPURA- 576 201
14. ARUN SURENDRA PATIL
AGED ABOUT 35 YEARS
S/O SURENDRA S PATIL C/O KUNTOJI BUILDING NEAR SANTABAI TEMPLE
SAHU NAGAR, KAWALI GATE, BIJAPUR
15. SHASHIKUMAR E
AGED ABOUT 31 YEARS S/O P EKANANDA NO 24, SRINIVASA NILAYA
2ND FLOOR, 8TH MAIN 3RD CROSS, MANJUNATHA NAGAR BANGALORE-10 ... RESPONDENTS
(By SRI MADHUSUDHAN R NAIK, SPECIAL ADVOCATE AS SPECIAL COUNSEL A/W SRI RAVINDRA.D.K, ADVOCATES FOR
R1 & 3; SRI REUBEN JACOB, ADVOCATE FOR R2; SRI H SUBRAMANYA JOIS, SENIOR COUNSEL A/W
-82-
SRI RANGANATH S JOIS FOR M/S JOIS ASOCIATES, ADVOCATES ACCEPTS NOTICE FOR R6 -9, 11-13 VIDE C/O
DTD.28.01.2011; R5 & 10 ARE SERVED VIDE C/O DTD.28.01.2011)
W.P.NOS.908-911/2011 ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.5.10 PASSED BY THE KARNATAKA
ADMINISTRATIVE TRIBUNAL, BANGALORE IN A.NOs.182 TO 185, 187, 195, 197 TO 202 OF 2007 VIDE ANNEX-C AND ETC.
IN W.P.NOS.103593/2014 & 103620-103657/2014 (S-KAT)
BETWEEN: VENKATESH, S/O HANUMATHAPPA WADDAR
AGE: 39 YEARS, OCC:NIL R/O. NEHRU NAGAR, NAGENDRANAMATTI TALUK & DISTRICT HAVERI ... PETITIONER
(By SRI D PAVANESH FOR SRI M S BHAGAWAT, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT TRANSPORT DEPARTMENT M.S.BUILDING, DR. AMBEDKAR ROAD BANGALORE – 560 001
2. THE COMMISSIONER FOR TRANSPORT
IN KARNATAKA, 5TH FLOOR, M S BUILDING
DR AMBEDKAR ROAD, BANGALORE – 560 001 3. SRI B P NAVEEN S/O. PUTASWAMI GOWDA
AGED ABOUT 31 YEARS R/A. NO. 276/141, 9TH MAIN PIPELINE, VIJAYANAGAR
BANGALORE – 560 040 4. SRI HUSSAIN SAB
AGED ABOUT 28 YEARS S/O M R PUTTASWAMI GOWDA RESIDING NEAR BLG. WATER TANK
BAGALKOT – 587 101
-83-
5. MALLESHAPPA P SAJJAN AGED ABOUT 39 YEARS
R/AT: NO. 32, NEAR KARNATAKA SEEDS CORPORATION 22ND CROSS, VIJAYANAGAR
VIDYAGIRI, BAGALKOT 6. VINAY KUMAR
AGED ABOUT 39 YEARS S/O. HANUMANTHAPPA BAJANTHRI R/AT: PAVAN NILAYA, SAPTAGIRI LAYOUT
GADDANAKERI, BAGALKOT 7. SANTOSH KUMAR KOMPI
AGED ABOUT 28 YEARS R/AT: NO. 77, WARD NO. 1 HIREHADAGALI, DIST: BELLARY
8. SMT. KAVITHA T N
AGED ABOUT 32 YEARS
R/AT: NO. 103, 2ND FLOOR RAMAKRISHNA NAGAR
4TH BLOCK, NANDINI LAYOUT BANGALORE
9. SRI MOHAMMED SHARIF M SHEKHAJI S/O SRI SHEKJI AGED ABOUT 30 YEARS
R/AT: NO. 18, 1ST FLOOR ABOVE BYRAVA DRIVING SCHOOL 33RD CROSS, JUGANAHALLI
2ND BLOCK, RAJAJINAGAR, BANGALORE
10. SRI RAGHAVENDRACHARI AGED ABOUT 34 YEARS C/O. M CHALAPATHI
R/AT: NO. 307, 8TH CROSS, SARASWATHIPURAM NANDINI LAYOUT, BANGALORE
11. SRI UDAY S NAIK AGED ABOUT 39 YEARS R/AT: NO. 78/2K, 13TH CROSS
1ST BLOCK, RAJAJINAGAR BANGALORE
12. SRI BASAVARAJ BIRADAR AGED ABOUT 29 YEARS
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R/AT: NO. 669, MARUTHI NILAYA MUNICIPAL QUARTERS ROAD
SUBASH NAGAR NELAMANGALA, BANGALORE
13. SRI GOPAL S AGED ABOUT 35 YEARS C/O. YUSUF SHARIF
R/AT NO. 22/1 2ND FLOOR KAVERAPPA LAYOUT MILLER TANK BUND ROAD
NEAR JAIN HOSPITAL BANGALORE
14. SHIVAPPA ALAGAWADI AGED ABOUT 47 YEARS R/AT H NO. 1, KRISHNAPPA BUILDING
NEAR FATHIMA HEALTH CENTRE 4TH CROSS, 2ND WARD K G HALLI, BANGALORE
15. MURTHY NAIK K
AGED ABOUT 49 YEARS R/AT NO. 317, 11TH CROSS, 17TH MAIN ROAD SWATANTRAYODHANAGAR
MAHALAKSHMIPURAM LAGGERE BRIDGE, BANGALORE
16. SANTOSH M PATIL AGED ABOUT 31 YEARS R/AT: LAKSHIMI NIVAS, RAJENDRA NAGAR
SOLLAPUR ROAD, BIJAPUR 17. DATTATRY MASKI
AGED ABOUT 35 YEARS C/O. LAKSHMAN MASKI NEW KUMBAR GALLI, BIJAPUR
18. DUNDAPPA SHANKAR NAIKODI
AGED ABOUT 43 YEARS
R/AT NO. 64/4 KASAGERI STREET, BIJAPUR
19. RAVISHANAKR NAGATHAN AGED ABOUT 36 YEARS R/AT SAMRUDHI NILAYA
OPP: SRI MALLIKARJUN ASHRAM BIJAPUR
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20. PARVEEZ MG AGED ABOUT 34 YEARS
R/AT NO. 189, GROUND FLOOR 11TH CROSS, DEVARAJ URS LAYOUT ‘A’ BLOCK DAVANAGERE
21. MAHESH KUMAR MENASINKAI
AGED ABOUT 39 YEARS
S/O SRI V.B.MENASINAKAI R/AT POST: BELLATTI SHIRAHATTI TALUK
GADAG DISTRICT 22. PANCHAKSHARI ALAVANDI
AGED ABOUT 30 YEARS R/AT POST: DAMBAI MUNDARGI TALUK
DISTRICT GADAG 23. MAHADEVAPPA TALAWAR
AGED ABOUT 30 YEARS C/O. SHANKARAPPA LAXMAPPA VALMIKI
R/AT: OLD BALAVINAYAK SCHOOL VAKIL CHAWAL GADAG
24. NINGAPPA F HOSAMANI AGED ABOUT 47 YEARS C/O. V F HOSAMANI
R/AT: POST: SHAGOTI, TQ & DIST: GADAG
25. PRAKASH HULLE AGED ABOUT 28 YEARS R/AT: LIG 15
III PHASE BADEPUR COLONY SEDAM ROAD, GULBARGA
26. AYYALLAPPA S/O. SRI BHEEMAPPA AGED ABOUT 44 YEARS R/AT: KANDAKAR POST
YADAGIRI TALUK DIST: GULBARGA
27. JAGADESH H S S/O. SUNDAR SWAMY H K AGED ABOUT 40 YEARS
R/AT: NO 357, BEHIND UDACHALAMBHA TEMPLE HASSAN, HASSAN DISTRICT
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28. RAGHAVENDRA H V S/O. VENKATARAMANAIAH H N
R/AT SUSHIL NIVAS SEETHA VILAS ROAD FORT HOLENARASIPURA
DIST: HASSAN 29. ANANTHARAMU
S/O. GOVINDARAJU R/AT: KHB NO. 3/LIG-II SANTEE MARUR POST
ARAKALGUD TALUK DIST: HASSAN
30. SMT. AMULYA AGED ABOUT 32 YEARS AMULYA NIVAS
NO. 1240, RAKSHINAPURA, HASSAN DIST: HASSAN
31. SMT. ASHA N R AGE: 36 YEARS
R/AT: NO. 1553 SALGAME ROAD SARASWATHIPURAM
OPP SANJIVINI HOSPITAL HASSAN, HASSAN DISTRICT
32. RAJU BASAPPA ALAGUNDI AGE: 33 YEARS R/AT: NO. 10B,
VENKATESH COLONY BENGERI HUBLI, DIST: DHARWAD
33. SRINIVAS MURTHY G N AGED ABOUT 33 YEARS S/O. G P NARAYANASWAMY
R/AT: DALASANUR POST & VILLAGE SRINIVASAPURA KOLAR DISTRICT
34. PUTTASWAMY R
AGED ABOUT 40 YEARS
R/AT & VILLAGE RAYASAMUDRA POST: RAYASMUDRA K R PET TALUK
DIST: MANDYA
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35. SUBHASH M S AGE: 33 YEARS
R/AT: N0. 216, 1ST CROSS 4TH MAIN, H BLOCK, R K NAGAR MYSORE
36. RAGHAVENDRA A R
AGED ABOUT 33 YEARS
R/AT: N0. 1914, 3RD CROSS 14TH MAIN, 2ND STAGE, MYSORE
37. RANGANATH, S/O. RANGAPPA AGED ABOUT 31 YEARS R/AT: CHIKKEGOWDANAPALYA
POST: MADIKEHALLI KOTTAGERI, TQ: KUNIGAL, DIST: TUMKUR
38. BASAVARAJ K C
S/O. CHANDRASHEKAR K1
AGED ABOUT 41 YEARS R/AT: BASAVAKRUPA
NO. 22, OPP: UCO BANK BATAWADI, TUMKUR
39. VIDYA N D/O. L NARASIMHAN AGED ABOUT 28 YEARS R/AT: HAMSA NILAYA
BEHIND DEEPAK CABLES 10TH CROSS, VIDYANAGAR, TUMKUR
40. P PRADEEP KUMAR AGED ABOUT 30 YEARS R/AT: NO. 258
NEAR KALABYARAVESHWARA TEMPLE THIMMANAHALLI, C N HALLI TUMKUR DISTRICT
41. PRAKASH T M S/O. MALATHESAIAH T N
AGED ABOUT 32 YEARS
R/AT: THOSRESURAGONDANAHALLI HULIYUR POST & HOBLI DIST: TUMKUR ... RESPONDENTS
(By SRI MADHUSUDAN R NAIK, SENIOR ADVOACATE AS SPECIAL COUNSEL A/W SRI RAVINDRA D.K, ADVOCATE FOR R1 & R2;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR SRI NITYANANDA V NAIK, ADVOCATE FOR R3; SRI PRAKASH M
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PATIL, ADVOCATE FOR R7 AND R11; SRI SUBBARAO, SENIOR COUNSEL FOR SRI SATHEESH K.N.ADVOCATE FOR R11; SRI
SHANKAR N BHAT, ADVOCATE FOR R28; SRI S.M.BABU, ADVOCATE FOR R4,R5, R14, R16,R17 & R22; SRI C.M.NAGABHUSHAN, ADVOCATE FOR R6 AND R26; SRI H.
KANTHARAJ, ADVOCATE FOR R12; SRI J PRASHANTH, ADVOCTE FOR M/S RAVIVARMA KUMAR ASSOCIATES FOR R8, R9, R10, R13, R15, R18, R20, R21, R23 TO R 25, R27, R29 TO R41; SRI
D. RAMDAS, ADVOCATE FOR R3 TO R7, R9 TO R13, R15, R22, R23, R25 TO R33 & R35-41; SRI GIRISH B.M, ADVOCATE FOR R19)
W.P.NOS.103593/2014 & 103620-657/2014 ARE FILED
UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO CALL FOR THE RECORDS RELATING THE CONNECTED WITH AND CONCERNING THE IMPUGNED ORDER DATED 02.03.2010 PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL,
BANGALORE IN APPLICATION PRODUCED VIDE ANNEXURE-D, AND TO QUASH THE SAID ORDER AND PROCEEDINGS CULMINATING IN THE SAME AS ILLEGAL AND UNSUSTAINABLE AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 30.07.2014 FOR ORDERS AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, H.G.RAMESH J. DELIVERED THE FOLLOWING:
O R D E R
H.G.RAMESH J. :
1. Petitioners in Writ Petition Nos.15002/2011 & 21131-
21146/2011, 16948-16995/2010, 17294-17327/2010,
17481/2010 & 17485-17490/2010 & 17723-17727/2010,
19401/2011 & 21520-21530/2011 & 41905-41908/2010 &
6747-6758/2011 & 908-911/2011 are challenging the order
dtd. 25.05.2010 passed by the Karnataka Administrative
Tribunal (‘the Administrative Tribunal’) in Application
Nos.182 to 185, 187, 195, 197 to 202 of 2007, quashing
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the recruitment notification dtd. 18.08.2006 insofar as it
relates to recruitment of Motor Vehicles Inspectors and
consequently quashing all appointments of Motor Vehicles
Inspectors made pursuant thereto.
2. By the aforesaid recruitment Notification, the
Karnataka Public Service Commission (‘the KPSC’) had
called for applications for the post of Motor Vehicles
Inspectors. The Administrative Tribunal, by the impugned
order, has quashed the recruitment notification and the
appointments made pursuant thereto on the ground that
the recruitment notification did not stipulate one of the
minimum qualifications prescribed by the Central
Government for the post of Motor Vehicles Inspectors
namely, ‘work experience of at least one year in a reputed
automobile workshop’. This is one of the minimum
qualifications prescribed by the Central Government as per
the notification dtd. 19th June 1989 in exercise of the power
under S.213(4) of the Motor Vehicles Act, 1988 (‘the
M.V.Act, 1988’).
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3. We have heard the learned counsel appearing for the
parties and perused the impugned order dtd.25.05.2010.
In the light of the contentions urged by the learned counsel,
following questions arise for determination in the writ
petitions referred to above:
1. Whether the qualifications prescribed for the
post of Motor Vehicles Inspectors by the
Karnataka General Services (Motor Vehicles
Branch)(Recruitment) Rules, 1976 as amended
by Government of Karnataka by notification dtd.
24th November 2005 in exercise of the power
under sub-sec.(1) of S.3 r/w S.8 of the
Karnataka State Civil Services Act, 1978 would
override the minimum qualifications prescribed
by the Central Government by notification
dtd. 19th June 1989 in exercise of the power
under S.213(4) of the M.V.Act, 1988?
2. Whether the recruitment notification dtd.
18.08.2006 is illegal, as held by the
Administrative Tribunal, on the ground that the
qualifications stipulated in the recruitment
notification for the post of Motor Vehicles
Inspectors did not include one of the minimum
qualifications prescribed by the Central
Government by notification dtd. 19th June 1989
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in exercise of the power under S.213(4) of the
M.V.Act, 1988?
3. Whether the qualification of work experience of
one year prescribed by the Central Government
is impossible of compliance?
4. Whether work experience gained by the
appointees after the appointment would cure the
illegality, if any, in the appointments made?
5. Whether the appointments, if illegal, could be
interfered at this stage?
6. Whether the applicants before the
Administrative Tribunal had locus standi to
challenge the appointments in question?
4. Learned counsel appearing for the parties, in support
of their contentions, relied on the following decisions:
1. State of Bombay vs. F.N.Balsara (AIR (38) 1951 SC 318)
2. Zaverohai vs. State of Bombay
(AIR 1954 SC 752)
3. R.M.D.C vs. Union of India (AIR 1957 SC 628)
4. State of Rajasthan vs. G.Chawla
(AIR 1959 SC 544)
5. State of Orissa vs. M.A.Tulloch & Co. (AIR 1964 SC 1284)
6. D.Nagaraj vs. State of Karnataka ((1977) 2 SCC 148)
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7. R.S.Joshi vs. Ajit Mills Limited
((1977) 4 SCC 98)
8. Ishwari Khetan Sugar Mills (P) Ltd. vs. State of U.P ((1980) 4 SCC 136)
9. Hoechst Pharmaceuticals Ltd vs. State of Bihar
((1983) 4 SCC 45)
10. Prem Chand Jain vs. R.K.Chhabra ((1984) 2 SCC 302)
11. Om Prakash vs. Akhilesh Kumar
((1986) Supp SCC 285)
12. India Cement Ltd. vs. State of T.N
((1990) 1 SCC 12)
13. H.C.Puttaswamy vs. The Hon’ble Chief Justice of Karnataka High Court
((1991 Supp (2) SCC 421)
14. Dr.M.S.Mudhol and Anr. vs S.D.Halegkar and Ors. (1993 II L.L.J.1159)
15. S.Satyapal Reddy vs. Government of A.P.
((1994) 4 SCC 391)
16. Madan Lal vs. State of J & K ((1995) 3 SCC 486)
17. Council of Scientific & Industrial Research vs. M.V.Sastry
((1997) 7 SCC 494)
18. Union of India vs. P.Sathikumarana nair ((1997) 10 SCC 663)
19. Ashok Kumar Uppal vs. State of J & K
((1998) 4 SCC 179)
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20. State of M.P. vs. Dharam Bir
((1998) 6 SCC 165)
21. Dr.Duryodhan Sahu vs. Jitendra Kumar Mishra ((1998) 7 SCC 273)
22. Mangej Singh vs. Union of India
((1998) 9 SCC 471)
23. Buddi Nath Chaudhary vs. Abahi Kumar ((2001) 3 SCC 328)
24. G.N.Nayak vs. Goa University
((2002) 2 SCC 712)
25. Assistant Director of Inspection Investigation vs.
A.B.Shanthi ((2002) 6 SCC 259)
26. State of Karnataka vs. K.Srinivasulu
(ILR 2003 KAR 4400)
27. Shri Krishna Gyanoday Sugar Ltd. vs. State of Bihar ((2003) 4 SCC 378)
28. Welfare Association vs. Ranjith P.Gohil
((2003) 9 SCC 358)
29. Vijay Syal vs. State of Punjab ((2003) 9 SCC 401)
30. Engineering Kamgar Union vs. M/s. Electro Steels Castings Ltd.
((2004) 6 SCC 36)
31. Hindustan Lever vs. State of Maharastra ((2004) 9 SCC 438)
32. Umrao Singh vs. Punjabi University
((2005) 13 SCC 365)
-94-
33. Secretary, State of Karnataka vs. Umadevi
((2006) 4 SCC 1)
34. Ramegowda vs. The State of Karnataka (ILR 2006 KAR 632)
35. State of Kerala vs. Unni
((2007) 2 SCC 365)
36. Greater Bombay Coop. Bank Ltd. vs. United Yarn Tex (P) Ltd.
((2007) 6 SCC 236)
37. Union of India vs. Narendra Singh ((2008) 2 SCC 750)
38. Dhananjay Malik vs. State of Uttaranchal ((2008) 4 SCC 171)
39. Tridip Kumar Dingal vs. State of W.B
((2009) 1 SCC 768)
40. Bondu Ramaswamy vs. Bangalore Development Authority
((2010) 7 SCC 129)
41. M.S.Patil (DR.) vs. Gulbarga University ((2010) 10 SCC 63)
42. Manish Kumar Shahi vs. State of Bihar
((2010) 12 SCC 576)
43. Offshore Holdings (P) Ltd. vs. Bangalore Development
Authority ((2011) 3 SCC 139)
44. K.K.Baskaran vs. State
((2011) 3 SCC 793)
45. Lalith Kumar Modi vs. Board of Control for Cricket in India
((2011) 10 SCC 106)
-95-
46. Bedanga Talukdar vs. Saifudaullah Khan
((2011) 12 SCC 85)
47. State of Kerala vs. Mar Appraem Kuri Co.Ltd. ((2012) 7 SCC 106)
48. State of Gujrat vs. Arvind Kumar T.Tiwari
((2012) 9 SCC 545)
49. State of U.P vs. Pankaj Kumar Vishnoi ((2013) 11 SCC 178)
50. Basawaraj vs. Land Acquisition Officer
((2013) 14 SCC 81)
51. Vikas Pratap Singh vs. State of Chattisgarh
((2013) 14 SCC 494)
5. We have examined the matter in the light of the
above decisions relied on by the learned counsel and
proceed to answer the questions formulated above.
6. Re. question Nos.1 & 2: As stated above, the
Administrative Tribunal has set aside the Recruitment
Notification dtd. 18.08.2006 and also the appointments of
Motor Vehicles Inspectors made pursuant thereto on the
ground that the recruitment notification did not stipulate
one of the minimum qualifications prescribed by the Central
Government for the post of Motor Vehicles Inspectors under
sub-sec.(4) of S.213 of the M.V.Act, 1988. It also relied on
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the judgment of the Supreme Court in S.Satyapal Reddy vs.
Govt. of A.P. [(1994) 4 SCC 391].
7. The controversy in these writ petitions is, whether
quashing of the appointments of Motor Vehicles Inspectors
by the Administrative Tribunal by its order dtd. 25th May
2010 on the aforesaid ground is correct in law.
8. The contention urged is that, notwithstanding the
qualifications prescribed by the Central Government in
exercise of the power under S.213(4) of the M.V.Act, 1988,
the State has absolute freedom to prescribe qualifications
for the post of Motor Vehicles Inspectors in view of
Karnataka State Civil Services Act, 1978, whose subject
matter is relatable to Entry 41 in List II (State list) of
Seventh Schedule of the Constitution namely, State Public
Services. In view of the qualifications prescribed for the
post of Motor Vehicles Inspectors by the recruitment Rules
framed by Government of Karnataka in exercise of the
power under sub-sec.(1) of S.3 r/w S.8 of the Karnataka
State Civil Services Act, 1978, it was contended that the
minimum qualifications prescribed by the Central
-97-
Government for the said post in exercise of the power under
sub-sec.(4) of S.213 of the M.V.Act, 1988 will not apply to
State of Karnataka.
9. It was also contended that Karnataka State Civil
Services Act, 1978, having had received the assent of the
President, has an overriding effect on S.213(4) of the
M.V.Act, 1988 and therefore, the qualifications prescribed
by the recruitment rules framed under the State Act would
override the qualifications prescribed by the Central
Government under S.213(4) of the M.V.Act, 1988.
10. Satyapal Reddy’s case [(1994) 4 SCC 391] was
sought to be distinguished on the ground that it was
rendered in relation to the State of Andhra Pradesh, where
the rules prescribing the qualifications was made under the
proviso to Article 309 of the Constitution and not under any
enactment. Whereas, in Karnataka, the rules prescribing
the qualifications are made in exercise of the power under
the Karnataka State Civil Services Act, 1978 which Act was
assented by the President. Hence, it was contended that
Satyapal Reddy (supra) has no application to this case and
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the qualifications prescribed by the State will prevail over
the qualifications prescribed by the Central Government.
11. Before proceeding to examine the aforesaid
contentions, it is relevant to refer to the qualifications
prescribed by the Central Government and also the
State Government. The Notification dtd. 19th June 1989
issued by the Central Government and published in the
Gazette of India dtd.19th June 1989, prescribing minimum
qualifications for the posts of Inspector of Motor Vehicles or
Assistant Inspector of Motor Vehicles reads as follows:—
“MINISTRY OF SURFACE TRANSPORT
S.O.443(E).—(Dated June 19, 1989).—In exercise of the powers conferred by sub-section(4) of Section 213 of the Motor
Vehicles, Act, 1988 (59 of 1988), the Central Government hereby prescribes that the minimum qualification for the class of officers
consisting of the category of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles (by whatever names called) shall be as under:—
Qualification:
(1) Minimum general educational qualification of a pass in X standard; and
(2) a diploma in Automobile Engineering (3 year course) or a diploma in Mechanical Engineering
awarded by the State Board of Technical Education (3 year course); and
(3) working experience of at least one year in a
reputed automobile workshop which undertakes repairs of both light motor vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted
with petrol and diesel engine; and
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(4) must hold a driving licence authorising him to drive motor cycle, heavy goods vehicles and heavy
passenger motor vehicles.
2. Nothing contained in the notification shall apply to an officer appointed to such post before the
first day of July, 1989 and to an officer appointed to discharge function of a non-technical nature.
3. This notification shall come into force on the first day of July, 1989.”
As could be seen from the above notification, it was
issued by the Central Government in exercise of the power
under S.213 (4) of the M.V.Act, 1988. It is relevant to refer
to sub-secs.(1) & (4) of S. 213 of the M.V.Act, 1988:
“Sec.213. Appointment of motor vehicles officers.—
(1) The State Government may, for the purpose of
carrying into effect the provisions of the Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit.
…………………………………………………………………….
(4) The Central Government may, having
regard to the objects of the Act, by notification in the official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall
possess for being appointed as such.
………………………………………………………………………”
The qualifications prescribed by Government of
Karnataka for the post of Motor Vehicles Inspectors under
the Karnataka General Services (Motor Vehicles Branch)
(Recruitment) Rules, 1976, as amended by notification dtd.
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24.11.2005 in exercise of the power conferred by the
Karnataka State Civil Services Act, 1978, are as follows:
“(1) Must be holder of diploma in Automobile
Engineering of not less than three years course or a diploma in Mechanical Engineering awarded by the State Board of Technical Education or other institution
recognized by the Government; (2) Must hold a current driving licence to drive motor
cycle, heavy goods vehicles and heavy passengers motor vehicles; and (3) Must possess following minimum physical standards,
namely.—
……………………………………………………………………………….”
12. It is not in dispute that the qualifications stipulated in
the recruitment notification did not include one of the
minimum qualifications namely, work experience of one
year in a reputed automobile workshop, prescribed by the
Central Government by Notification dtd. 19th June 1989,
which came into effect from first day of July, 1989.
13. The contention that notwithstanding S.213(4) of the
M.V.Act, 1988, the State has absolute freedom to prescribe
qualifications for the post of Motor Vehicles Inspectors
because of enumeration of ‘State Public Services’ in Entry
41 of List II of Seventh Schedule of the Constitution and the
corresponding enactment of Karnataka State Civil Services
Act, 1978 cannot be accepted in view of the notification dtd.
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19.06.1989 issued by the Central Government, prescribing
the minimum qualifications for the said post in exercise of
the power under sub-sec.(4) of S.213 of the M.V.Act, 1988
and for the following reasons.
14. Sub-sec.(4) of S.213 of the M.V.Act, 1988 may
incidentally encroach on the subject matter in Entry 41 of
List II namely, State Public Services, but it will not render
the sub-section unconstitutional in view of the doctrine of
pith and substance.
15. The doctrine of pith and substance means, if an
enactment substantially falls within the powers expressly
conferred by the Constitution upon the legislature enacting
it, it cannot be held to be invalid, merely because it
incidentally encroaches on matters assigned to another
legislature. In this context, it is relevant to refer to the
following observations made by a Five Judge Bench of the
Supreme Court in State of Bombay vs. F.N. Balsara (AIR
1951 SC 318):
“(8) …………………………………….. It is well settled that the validity of an Act is not affected if it incidentally
trenches on matters outside the authorised field, & therefore it is necessary to inquire in each case what
is the pith and substance of the Act impugned. If
-102-
the Act, when so viewed, substantially falls within the powers expressly conferred upon the Legislature
which enacted it, then it cannot be held to be invalid, merely because it incidentally encroaches on matters
which have been assigned to another legislature……………………………………………………”
The following observations made by a three Judge Bench of
the Supreme Court in Prem Chand Jain vs. R.K.Chhabra
[(1984) 2 SCC 302] are also relevant:
“8. ………………………………………………………………
The legal position is well settled that the entries
incorporated in the lists covered by Schedule VII are
not powers of legislation but ‘fields’ of legislation.
(Harakchand v. Union of India4). In State of Bihar v.
Kameshwar5 this Court has indicated that such
entries are mere legislative heads and are of an
enabling character. This Court has clearly ruled that
the language of the entries should be given the
widest scope or amplitude. Navinchandra v. C.I.T.6
Each general word has been asked to be extended to
all ancillary or subsidiary matters which can fairly
and reasonably be comprehended. (See State of
Madras v. Gannon Dunkerley7). It has also been held
by this Court in The Check Post Officer v. K.P.
Abdulla Bros.8 that an entry confers power upon the
legislature to legislate for matters ancillary or
incidental, including provision for avoiding the law.
As long as the legislation is within the permissible
field in pith and substance, objection would not be
entertained merely on the ground that while enacting
legislation, provision has been made for a matter
which though germane for the purpose for which
competent legislation is made it covers an aspect
beyond it. In a series of decisions this Court has
opined that if an enactment substantially falls within
the powers expressly conferred by the Constitution
upon the legislature enacting it, it cannot be held to
be invalid merely because it incidentally encroaches
on matters assigned to another legislature. (See
-103-
State of Karnataka v. Ranganatha Reddy9; K.S.E.
Board v. Indian Aluminium Co.10; Subrahmanyam
Chettiar v. Mutuswami; Prafulla Kumar Mukherjee v.
Bank of Commerce; Ganga Sugar Co. v. State of
U.P.). We, therefore, do not accept the submission
that the definition of university given in Section 2(f)
or the prohibition in Section 23 of the Act are ultra
vires the Parliament on the ground that such
provisions are beyond its legislative competence.
(4. AIR 1970 SC 1453,
5. AIR 1952 SC 252,
6. AIR
1955 SC 58, 7. AIR 1958 SC 560, 8. AIR 1971 SC
792, 9. AIR 1978 SC 215,
10. AIR 1976 SC 1031)”
16. When an impugned provision of law appears to touch
two different entries in two lists, then the Rule of Pith and
Substance helps in characterising the law as belonging to
this or that entry. Where the question for determination is
whether a particular law relates to a particular subject
mentioned in one list or the other, the Courts will look into
the substance of the enactment. Thus, if the substance of a
parliamentary enactment falls within the Concurrent List
(List III), then any incidental encroachment by it on any
matter in the State List (List II) would not make it invalid.
The fact of incidental encroachment does not affect the
vires of the law even as regards the area of encroachment.
The reason behind the rule of pith and substance is that, if
every legislation were to be declared invalid on the ground
-104-
of any incidental encroachment on any matter not reserved
to the said Legislature, then the power of each legislature
will be drastically circumscribed to deal effectively with the
subjects entrusted to it for legislation.
17. The subject matter of the M.V.Act, 1988 undoubtedly
falls under Entry 35 (Mechanically Propelled Vehicles …) of
List III (concurrent list) of Seventh Schedule of the
Constitution. The subject of prescribing minimum
qualifications under S.213(4) of the M.V.Act, 1988 for Motor
Vehicles Inspecting Officers, in pith and substance, also falls
under the aforesaid Entry as it is germane to the main
matter in the said Entry namely, ‘Mechanically Propelled
Vehicles’, though it incidentally touches upon the matter in
Entry 41 of List II namely, State public services. However,
this will not render sub-sec.(4) of S.213 of the M.V.Act,
1988 unconstitutional in view of the rule of pith and
substance.
18. As Parliament had competence to enact S.213(4) of
the M.V.Act, 1988, the State has no power to prescribe
qualifications less than the qualifications prescribed by the
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Central Government under S.213(4) of the M.V.Act, 1988,
unless the State Law prescribing the qualifications has
received the assent of the President as laid down under
Article 254(2) of the Constitution, the assent being
subsequent to the enactment of the M.V.Act, 1988.
19. The contention that Karnataka State Civil Services
Act, 1978 overrides S.213(4) of the M.V.Act, 1988, in view
of the Presidential assent to the Karnataka State Civil
Services Act, 1978 is devoid of substance. The President’s
assent to the Karnataka State Civil Services Act, 1978 was
not sought to overcome the effect of S.213(4) of the
M.V.Act, 1988 as the M.V.Act, 1988 was not even enacted
when the President gave his assent to the Karnataka State
Civil Services Act, 1978 on 12th July 1985. Hence, the
contention that the qualifications prescribed under the
Karnataka General Services (Motor Vehicles Branch)
(Recruitment) Rules, 1976 will override the qualifications
prescribed by the Central Government by Notification dtd.
19th June 1989 issued in exercise of the power under
S.213(4) of the M.V.Act, 1988 cannot be accepted.
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20. We may also state that sub-sec.(4A) of Section 5 of
the Boilers Act, 1923 is similar to sub-sec.(4) of S.213 of
the M.V.Act, 1988, whose subject matter of legislation is
also relatable to concurrent list - List III (Entry 37 –
Boilers). The said sub-sec.(4A) reads as follows:
“(4A) No person shall be appointed as the Chief
Inspector, Deputy Chief Inspector or Inspector unless he possess such qualifications and experience as may
be prescribed by the Central Government.”
21. We will now refer to the judgment of the Supreme
Court in Satyapal Reddy [(1994) 4 SCC 391]. The following
observations made therein are relevant:
“3. Shri K. Madhava Reddy and Shri Gururaja
Rao, learned Senior Counsel for the appellants contended that as the Act was made under Entry 35 of List III of the VIIth Schedule to the
Constitution read with Article 246 of the Constitution, the Act receives paramountcy and
the Central Government alone is competent to prescribe the qualifications as to eligibility for
recruitment as Assistant Motor Vehicles Inspectors and the power of the State Government to that
extent gets eclipsed and the prescription of qualification of Degree in Mechanical Engineering
becomes void since it runs in conflict with the qualifications prescribed by the Central
Government. Therefore, the State rules become inapplicable. In support thereof, it was further
contended that other State Governments had fallen in line in prescribing the qualification of
Diploma in Mechanical Engineering prescribed by the Central Government and the State Government of A.P. had not adopted that course.
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Since the State rule is in conflict with the Central rule, the Central rule would prevail over the State
rules, by operation of Article 254 of the Constitution.
…………………………………………………………………………………
7. ………………………………………………………………………….
It is the State Government that operates the provisions of the Act through its officers. Therefore, sub-section (1) of Section 213 gives power to the
State Government to create Transport Department and to appoint officers, as it thinks fit. Sub-section
(4) thereof also preserves the power. By necessary implication, it also preserves the power to prescribe higher qualification for appointment of officers of the
State Government to man the Motor Vehicles Department. What was done by the Central
Government was only the prescription of minimum qualifications, leaving the field open to the State
Government concerned to prescribe if it finds necessary, higher qualifications. The Governor has been given power under proviso to Article 309 of the
Constitution, subject to any law made by the State Legislature, to make rules regulating the recruitment
which includes prescription of qualifications for appointment to an office or post under the State. Since the Transport Department under the Act is
constituted by the State Government and the officers appointed to those posts belong to the State service,
while appointing its own officers, the State Government as a necessary adjunct is entitled to prescribe qualifications for recruitment or conditions
of service. But while so prescribing, the State Government may accept the qualifications or
prescribe higher qualification but in no case
prescribe any qualification less than the
qualifications prescribed by the Central
Government under sub-section (4) of Section
213 of the Act. In the latter event, i.e., prescribing
lesser qualifications, both the rules cannot operate without colliding with each other. When the rules made by the Central Government under Section
213(4) and the statutory rules made under proviso to Article 309 of the Constitution are construed
harmoniously, there is no incompatibility or inconsistency in the operation of both the rules to
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appoint fit persons to the posts or class of officers of the State Government vis-a-vis the qualifications
prescribed by the Central Government under sub-section (4) of Section 213 of the Act.
8. It is seen that A.P. Transport Subordinate
Service Rules have been made by the Governor
exercising the power under proviso to Article 309 of the Constitution and Rule 6 thereof prescribes the
qualifications as enumerated above. Graduation in Mechanical Engineering is one of the higher qualifications than Diploma. Since Section 213(4)
gives such power to the State Government by operation of Section 217 of the Act, the statutory
rules remain valid and operate in the field without colliding with the Central rules. Both the rules would operate harmoniously and effect can be given to
both the rules. Thus the question of inconsistency or repugnancy under Article 254 of the Constitution
does not arise. Therefore, we do not find that there is any conflict in the exercise of power by both
Central and State Governments or inconsistency in operation of the provisions of the statutory rules made by the Governor under proviso to Article 309
and the rules made by the Central Government under Section 213(4) of the Act. The recruitment as
per State rules is valid and legal.”
(Emphasis supplied)
As could be seen from the above observations, the question
of law that fell for consideration before the Supreme Court
in Satyapal Reddy was whether the qualifications prescribed
by the Central Government will prevail over the
qualifications prescribed by the State Government. That
was negatived by the Supreme Court by holding that the
State Government may accept the qualifications prescribed
by the Central Government or prescribe higher qualifications
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but in no case prescribe any qualification less than the
qualifications prescribed by the Central Government under
sub-sec.(4) of S.213 of the M.V.Act, 1988.
22. The contention urged in these petitions is that the
qualifications prescribed by Government of Karnataka will
prevail over the qualifications prescribed by the Central
Government. As could be seen from paras 13 to 19 above,
we have rejected this contention by examining the matter
on first principles as it was contended that Satyapal Reddy
(supra) will not apply to this case in view of Karnataka State
Civil Services Act, 1978.
23. Re.question No.3: The contention that the qualification
of work experience of one year in a reputed automobile
workshop prescribed by the Central Government is
impossible of compliance cannot be accepted. The
submission that there are no reputed workshops in
Karnataka is difficult to accept. No material is placed on the
record of the case to prove non-availability of work-shops
fulfilling the requirement prescribed by the Central
Government. Instead, as recorded by the Administrative
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Tribunal in the impugned order at paras 27 & 28, the
requirement of experience was dispensed with by an
obscure process during drafting of the recruitment rules.
We also find from the Draft Rules notified by Government of
Karnataka as per the Notification dtd. 16.05.2011 proposing
to amend the Karnataka General Services (Motor Vehicles
Branch) (Recruitment) Rules, 1976, that work experience of
one year in a reputed automobile workshop is included as
one of the qualifications for the post of Motor Vehicles
Inspectors. The said draft Rules dtd. 16.05.2011 which is
published in the Karnataka Extraordinary Gazette dtd.
16.05.2011, to the extent it is relevant herein, is extracted
below:
Draft Rules “1. Title and Commencement :- These rules may be called
the Karnataka General Services (Motor Vehicles Branch) (Recruitment) (Amendment) Rules, 2011.
(2) They shall come into force from the date of their
publication in the Official Gazette. 2. Amendment of Schedule:- In the schedule to the Karnataka General Services (Motor Vehicles Branch)
(Recruitment) Rules, 1976, in the category of post of Motor Vehicles Inspectors, in column 3, the following shall be
substituted, namely:- “For Direct Recruitment:-
(1) Must have passed S.S.L.C or possess equivalent qualification.
(2) Must be holder of a Diploma in Automobile Engineering of three years duration or a Diploma in
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Mechanical Engineering (three years course) awarded by the State Board of Technical Education;
and (3) Must have working experience of not less than one
year in a reputed automobile workshop recognized by Government which undertakes repairs of both light and heavy motor vehicles, heavy goods and
passengers motor vehicles fitted with petrol and diesel engine.
Note: Reputed automobile workshop means workshop
employing not less than 10 persons and registered
as per labour laws.
(4) Must be holder of a current driving license to drive motorcycle, heavy goods vehicles and heavy passenger motor vehicles.
(5) Must possess the following minimum physical standards.
……………………………………………………………………………………” (Underlining supplied)
24. Re. question Nos.4 & 5: The contention that this Court
should not interfere with the appointments at this distance
of time as the appointees have gained experience
subsequent to their appointment cannot be accepted as the
appointments were challenged before the Administrative
Tribunal without any delay and the appointments have been
set aside by the Administrative Tribunal by the order
impugned herein. This Court is only examining as to
whether the order of the Administrative Tribunal is correct
or not. The appointments cannot be sustained in law as the
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recruitment notification issued by the KPSC did not
prescribe even the minimum qualifications required to be
prescribed as per the notification dtd. 19th June 1989 issued
by the Central Government. As held by the Supreme Court
in M.S. Patil (DR.) vs. Gulbarga University [(2010) 10 SCC
63], persons appointed illegally shall not be permitted to be
continued.
25. Re. question No.6: The contention that the applicants
before the Administrative Tribunal had no locus standi to
challenge the appointments is rightly rejected by the
Administrative Tribunal with the following reasoning:
“14. In the present case we had asked the
learned advocate for the applicants as to how the applicants could be considered as aggrieved persons when their applications had been rejected
for want necessary qualifications like Heavy Goods Driving License, driving license or not fulfilling
some educational qualification. The learned counsel for the applicants pointed out that atleast
in respect of Sri. Rajesh Kumar, the applicant in A.No.200 of 2007 he had possessed all the qualifications and he had been called for interview.
The said candidate was in fact interviewed on 22.2.2008. He submits that in respect of other
candidates they possessed requisite driving licences and other qualifications and that it can be shown that they possessed all qualifications. In the
statement submitted by the Assistant Secretary, Recruitment Branch, KPSC, it is stated that the
applicant in A.No.184 of 2007 though was a candidate for 1997 recruitment process, he had not applied for the posts of motor vehicle inspectors in
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2006 and others were not possessing requisite qualifications except the applicant in A.No.200 of
2007 who had qualified for interview.
15. We find that the applicant in A.No.184 of 2007 was a candidate in 1997 and that he had not applied for the post of MVIs in 2006. It
indicates that he had possessed the qualifications prescribed for the candidates when the applications
were called for in 1997. Since other applicants were candidates for the posts of MVIs and one of them possessed all requisite qualification
prescribed in the Notification, they cannot be termed as disgruntled candidates in challenging the
recruitment process. Every one of them was interested in being appointed as a motor vehicle inspector. They can not be considered as strangers
or busybody or meddlesome interlopers. As regards the applicant in A.No.200 of 2006, he
possessed all the qualifications. Therefore, we find that all the candidates are interested in the matter.
They are aggrieved persons and have locus standi to maintain the applications.”
26. As stated above, the recruitment notification dtd.
18.08.2006 did not stipulate one of the minimum
qualifications prescribed by the Central Government in its
Notification dtd. 19.06.1989. As discussed above, it was
not permissible for the State Government to have
prescribed qualifications less than the minimum
qualifications prescribed by the Central Government. Hence,
the Administrative Tribunal has rightly set aside all the
appointments made pursuant to the aforesaid recruitment
notification.
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27. For the reasons stated above, we find no error in the
order dtd.25.05.2010 passed by the Administrative Tribunal
to warrant interference by this Court. Hence, the writ
petitions referred to at para 1 above are liable to be
dismissed and are accordingly dismissed.
28. In Writ Petition No.24525/2010, the petitioner is
challenging the order dtd. 26.05.2010 passed by the
Administrative Tribunal in Application No.2360/2008
dismissing the said application as having become
infructuous in view of the earlier order of the Administrative
Tribunal dtd. 25.05.2010 quashing the recruitment
notification dtd. 18.08.2006. As we have confirmed the
order dtd. 25.05.2010 passed by the Administrative
Tribunal quashing the recruitment notification, this writ
petition is also liable to be dismissed and it is accordingly
dismissed.
29. In Writ Petition Nos.6842-6880/2010, 8215/2010,
8715/2010 & 8906/2010, 103593/2014 & 103620-
103657/2014, 10106/2010 & 12726-12763/2010, the
petitioners are challenging the order dtd. 02.03.2010
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passed by the Administrative Tribunal in Application
Nos.1212 to 1250/2010. It is relevant to state that the
applicants therein were aggrieved as they were not
appointed by the Government on the ground that they were
not having the minimum height required under the Rules.
The Administrative Tribunal allowed the said applications by
the aforesaid order dated 02.03.2010 by directing
appointment of the applicants as Motor Vehicles Inspectors.
The Administrative Tribunal has directed issuance of
appointment orders inter alia on the ground that several
other candidates who did not even possess the prescribed
qualifications have been appointed. It is relevant to refer to
the following reasoning of the Administrative Tribunal in the
order dtd. 02.03.2010:
“7. It is also seen that in response to the same Notification dated 18.8.2006, some candidates
who did not possess the prescribed qualification of Diploma in Automobile Engineering or Mechanical
Engineering but who possessed qualification of Diploma in Tool and Dye Making had applied. Their case was not considered and, hence, they
also filed Applications before this Tribunal. However, considering their request, the
Respondents have issued orders of appointment to them on 22.10.2009.
…………………………………………………………………………………
10. From the aforesaid facts it is seen that
almost all the selected candidates except the
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Applicants have been appointed. Even candidates who do not possess the prescribed qualifications
have been appointed subject to the result of the Applications pending before this Tribunal.
Therefore there is no justification to deny appointment to the applicants. The action of the Respondents in delaying and denying
appointments to the Applicants is arbitrary and violative of Articles 14 and 16 of the Constitution
of India. The Applicants are also entitled for similar treatment.”
(Underlining supplied)
The above reasoning of the Administrative Tribunal is
erroneous and unsustainable in law. As observed by the
Supreme Court in State of Haryana v. Ram Kumar Mann
[(1997)3 SCC 321], two wrongs can never make a right,
and accordingly, a wrong order of the Government does not
confer a right to claim parity or equality. Similarly in Fuljit
Kaur v. State of Punjab [(2010)11 SCC 455], it is observed
that Article 14 of the Constitution is not meant to
perpetuate illegality. A wrong order in favour of one party
does not entitle any other party to claim benefit on the
basis of such a wrong order.
30. In view of confirmation of the order dtd. 25.05.2010
of the Administrative Tribunal and dismissal of the writ
petitions referred to at para 1 above, the order dtd.
02.03.2010 of the Administrative Tribunal passed in the
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applications referred to at para 29 above directing issuance
of appointment orders is liable to be set aside and it is
accordingly set aside. The writ petitions referred to at para
29 above, except Writ Petition Nos.10106/2010 and 12726-
12763/2010, are accordingly disposed of. The writ petitions
filed by the State in W.P.Nos.10106/2010 and 12726-
12763/2010 are disposed of as withdrawn as sought in the
memo dated 17.07.2014. In view of final disposal of all the
writ petitions in terms stated above, no order is necessary
on the pending interlocutory applications; and they stand
disposed of accordingly.
Sd/- CHIEF JUSTICE
Sd/-
JUDGE
BNS/hkh.