IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE SUBHASH B.ADI

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 17 TH DAY OF OCTOBER 2012 BEFORE THE HON'BLE MR. JUSTICE SUBHASH B.ADI W.P NOS OF 2012 c/w W.P.NOS OF 2011, W.P.NOS OF 2011, W.P.NOS OF 2011 & W.P.NO OF 2011(S-R) W.P NOS /2012 BETWEEN 1. T.RAMA RAO S/O RANGA RAO A/A 63 YRS, NO.156/2B, 1 ST CROSS MUNISWARA EXTN HULIMAVU, B.G.RD BANGALORE YASHODAMMA W/O M.ANAND A/A 65 YEARS RAMACNADRAPPA BLDG. 8 TH CROSS, CENTRAL JAIL RD HOSUR ROAD ELECTRONIC CITY POST BANGALROE DR.BALASUBRAMANYAM S/O NARAYANA RAO A/A 62 YRS, NO.36

2 2 34 TH MN. BTM SECOND STAGE BANGALORE SYED SAMIULLA S/O SYED AMEEN A/A 61 YRS, #4122, NEAR MOSQUE YATHAGEDA HALLI RD, VV LAYOUT GUTTAL, MANDYA 5. K.V.PARIMALA S/O VASUDEV CHAR A/A 67 YRS, #354, 5 TH MAIN BSK 1 ST STAGE, SRINAGAR BANGALORE N.J.KEMPEGOWDA S/O JAVARE GOWDA A/A 65 YRS., #14/1 IST CR.MINIKRISHAPPA L/O KORAMANGALA RD AUDUGODI, BANGALORE DR.P.S.CHANDRASHEKARAPPA S/O SHIVALINGAPPA P.M. A/A 68 YRS #606, 10 TH B CR.4 TH MAIN, MAHALAXMIPURAM BANGALORE HALE GOWDA S/O BUDI GOWDA A/A 61 YRS, #108, BHADRASANKEERNA 9 TH BLOCK, KSRP QRTS. KORAMANGALA BANGALORE 9. VEERA GOWDA S/O LAXMAIAH A/A 7 YRS., ADIGANAHALLI KONANKUNTE POST

3 3 BANGALORE NORTH TALUK 10.V.NARASIMHAIAH S/O VENKATAPPA A/A 60 YRS, NO.845, 14 TH CR., CHANDRA L/O, IST STAGE IST PHASE, BANGALORE BOJAPPA C.C S/O KARIYAPPA A/A 61 YRS., NO.400 KRISHNA KRUPA, 13 TH CROSS LAKKASANDRA EXTENSION BANGALORE MD.KALLANDAR S/O SABJANSAB A/A 64 YRS., NO.153, 8 TH CROSS DAIRY CIRCLE, S.R.NAGAR B.G.ROAD BANGALORE 13.T.K.NARASIMHAIAH S/O KUMBAIAH A/A 62 YRS, #9/10, VYKUNTA TELECOM L/O VIRUPAKSHAPURA BEHIND TENNIS VILLAGE VIDYARANYAPURA POST BANGALORE S.M.MAHADEVAPPA S/O MADAPPA A/A 64 YRS., SORGURU VILLAGE MALAVALLI TALUK BANGALORE DISTRICT 15.A.SHIVARAMAIAH S/O ANJANAPPA A/A 63 YRS. VISHWANATHAPURA

4 4 DEVANAHALLI TALUK BANGALORE DISTRICT 16.P.GOVINDARAJU S/O M.PILLAPPA AGED ABOUT 57 YRS NO.444, 2 ND BLOCK, 9 TH PHASE JP NAGAR, AVALAHALLI BDA D/O ANJANAPURA BANGALORE LOKESH CHANDRA S/O MUDDA VEERAPPA AGED ABOUT 62 YRS NO.5/1, RAMANNA PET BANGALORE 2 18.M.G.HEGDE S/O GANAPATHI HEGDE AGED ABOUT 61 YRS NO.17, LAXMI VENKATESHWARA NILAYA, 3 RD CROSS, ARAKERE MAIN ROAD B.G.ROAD, IIM POST BANGALORE PURUSHOTHAM S/O LATE BALAPPA AGED ABOUT 61 YEARS NO.9, MUKAMBIKA NILAYA IST CROSS, JAYADEVANAGAR KRS ROAD, BG HALLI MYSORE KRISHNA MURTHY S/O BUTCHAPPA AGED ABOUT 61 YRS NO.2333, 4 TH CROSS, KANAKA NAGAR, R.T.NAGAR POST BANGALORE

5 5 21.M.NARAYANASWAMY S/O THIRUMALA CHAR AGED ABOUT 63 YRS #126, 5 TH CROSS, TEACHERS BSK 2 ND STAGE BANGALORE M.MUNINARAYANA S/O MUNIVENKATAPPA AGED ABOUT 63 YRS, NO.1300 PWD, 1 ST CROSS, NRUPATHUNGA ROAD APPA AMMA NILAYA HASSAN 23.S.NANJUNDASWAMY S/O SIDDE GOWDA AGED ABOUT 62 YRS # D.NO.4555, IST FLOOR 80 FEET ROAD, 16 TH CROSS NEAR K.D.CIRCLE VIJAYANAGAR EXTENSION MYSORE A L RAMACHANDRA S/O LAKKE GOWDA AGED ABOUT 64 YEARS #AGILE VILLAGE, KASABA HOBLI HASSAN TALUK 25.R C DEVARAIAH S/O CHANNAMALLAIAH AGED ABOUT 63 YEARS B NO 5858, SARASWATHIPURAM 7TH CROSS HASSAN V D NARARAJU S/O DASE GOWDA AGED ABOUT 61 YEARS

6 6 #OPP GOVT SCIENCE COLLEGE SARASWATHIPURAM SALAGAMI ROAD HASSAN 27.T R PRABHAKAR S/O K B RAMAIAH AGED ABOUT 60 YEARS #39, 9TH CROSS, 16TH MAIN BTM 1ST STAGE, D R COLLEGE POST BANGALORE K V NAGABHUHAN S/O K VENKATASWAMY AGED ABOUT 60 YEARS #89, 2ND CROSS, 2ND MAIN HANUMANTHANAGAR HASSAN 29.BASAVARAJ S/O B CHIKKARUDRAIAH AGED ABOUT 62 YEARS MALLASANDRA VILLAGE TANK ROAD NANDINI LAYOUT, MALLASANDRA, TUMKUR TALUK 30.H K RAMACHANDRA S/O H N KRISHNA MURTHY AGED ABOUT 68 YEARS #10/20, 8TH B CROSS, 3RD MAIN ROAD, SRINIVASANAGAR, BSK 3RD STAGE BANGALORE H DASAPPA S/O HANUMANTHAPPA AGED ABOUT 65 YEARS NO.10, 5 A CROSS,

7 7 EJIPURA R A ROAD VIVEKANAGAR POST BANGALORE DR S DAYANANDA DEAD BY LR HIS WIFE SMT. PRABHA SARODE AGED ABOUT 64 YEARS #8, 41ST CROSS, 8TH BLOCK JAYANAGAR BANGALORE. 33. B S NAGARAJA AGED ABOUT 67 YEARS #1276, 2ND CROSS, 2ND STAGE, SRIRAMAPURA, MYSORE K DHINAGARAN S/O KOLLAPURI AGED ABOUT 61 YEARS 3, 3RD MAIN ROAD LAXMAMMA LAYOUT, DODDA BANASWADI BANGALORE K T BYRAPPA AGED ABOUT 60 YEARS NO 50, 1ST CROSS, YESHASWINI NILAYA, AMBEDKAR TELECOM LAYOUT VIJAYANAGAR PIPE LANE, BANGALORE M M DEVAIAH DEAD BY LR HIS WIFE SMT. PUSHPAVATHI AGED ABOUT 58 YEARS #MADENALU VILLAGE & POST MADEKERE TALUK

8 8 COORG 37.S RUBEN S/O SUSAIRAJ AGED ABOUT 58 YEARS #571, 3RD BLOCK, 14TH CROSS VISWAPRIYA NAGAR BANGALORE DR R SYED AMEER AHMED S/O RAYADURG SYED ABDUL KHADERSAB AGED ABOUT 61 YEARS #293/A, 3RD MAIN ROAD, PARVATHINAGAR BELLARY R T PRASANNA S/O T C THIMMAIAH AGED ABOUT 55 YEARS DHARMAVARDINI NILAYA, 4TH CROSS KALPATHARU COLLEGE OF ENGINEERING VIDYANAGAR TIPTUR K CHIKKANAIAH Age:62 S/O K SIDRAMAPPA AGED ABOUT 62 YEARS #PLOT NO.32, RAGHAVA KALYANA COLONY BATHI ROAD, VIDYANAGARA 41. N PILLA HANUMAPPA Age:57 DEAD BY HIS LR WIFE SMT LEELAVATHAMMA AGED ABOUT 57 YEARS # BEHIND RAGAVENDRASWAMY TEMPLE N R EXTENSION CHINTAMANI

9 9 42. DR LAKSHME GOWDA Age:63 S/O DASE GOWDA AGED ABOUT 63 YEARS #49, VENKATESWARA LAYOUT PANCHIM ORCHARD, 5TH MAIN, 5TH A CROSS, ABBIGERE 43. P JAYASHANKAR Age:62 S/O G S PUTTALINGAPPA AGED ABOUT 62 YEARS D NO.89, GONDHIBASAVANAHALLI MADAPATNA POST KUSHALNAGAR TALUK COORG DISTRICT 44. N SELVANARAYANAN S/O H S NARASIMHAN AGED ABOUT 61 YEARS #NO.4, 4TH CROSS, N R COLONY, BANGALORE K HARI PRASAD S/O N KRISHNAPPA AGED ABOUT 57 YEARS `LALITHA-NILAYA 1ST FLOOR BEHIND DASAPPAS THOTA, MARUTHINAGAR 46. N SHIVARAMU S/O NANJE GOWDA AGED ABOUT 63 YEARS VADDARAHALLI VILLAGE AND POST CHANNARAYAPATNA 47. H D PUTTASWAMY S/O DASEGOWDA AGED ABOUT 60 YEARS

10 10 NO 210, LIG, 26TH CROSS KUVEMPUNAGAR, HASSAN. 48. CHANDREGOWDA S/O SANNE GOWDA AGED ABOUT 60 YEARS MIG 30, 23RD CROSS, KUVEMPUNAGAR, HASSAN. 49. M R SHASHIKUMAR S/O RANGE GOWDA AGED ABOUT 62 YEARS NO 1315, 5TH CROSS, SHANKARIPURAM, HASSAN. 50. M G RUDRAIAH S/O M B GANGANNA AGED ABOUT 61 YEARS VEERABHADRASWAMY KRUPA 8TH CROSS, KRISHNANAGAR, SIT TUMKUR J CHALUVE GOWDA S/O JUNJE GOWDA AGED ABOUT 62 YEARS AGILE VILLAGE HASSAN TALUK. 52. D KRISHNE GOWDA S/O DEVARAJE GOWDA AGED ABOUT 59 YEARS #535, DEVI KRUPA BEHIND P & T QRTS SHANKARIPURAM 53. C S NARYANA MURTHY S/O SHESHAGIRI RAO AGED ABOUT 54 YEARS #E-161/A-175 SHIRKE APARTMENT DUBASIPALYA, BANGALORE

11 D V VENKATARAYAPPA S/O VENKATARAYAPPA AGED ABOUT 66 YEARS ANNIGATTA VILLAGE BIDALOOR POST DEVANAHALLI TALUK 55. P MALLESH S/O P NARASIMHALU AGED ABOUT 63 YEARS # LAXMICHANNAKESHAVANILAYA OPP: M.M.L., D KATENAKOPPALU, ARASIKERE ROAD/ROUTE HASSAN 56. NAGARAJA S/O PUTTADASA SETTY AGED ABOUT 59 YEARS NO. 47, DEVEERAMMANAHALLI KANIKAPRAMEWARY LAYOUT NANJANGUDU MYSORE DISTRICT 57. H R GANGAIAH S/O LATE RAMAIAH AGED ABOUT 61 YEARS KUVEMPUNAGAR 6TH CROSS, GUBBI TOWN TUMKUR DISTRICT 58. NATARAJ AGED ABOUT 60 YEARS MALLASANDRA VILLAGE NANDINI LAYOUT MALLASANDRA, TUMKUR DISTRICT 59. NANJEGOWDA S/O NARAYANAPPA AGED ABOUT 69 YEARS

12 12 #216, 5TH MAIN, 6TH CROSS KODIHALLI, ALASOOR POST BANGALORE G T VEKATESH S/O THIMME GOWDA AGED ABOUT 62 YEARS #28/8-5, 15TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE C RAMAIAH S/O LATE CHIKKANNA AGED ABOUT 64 YEARS #35, 5TH MAIN, 2ND CROSS CPV BLOCK, GANGANAGAR EXTENSION R T NAGAR, BANGALORE K B BASAVARAJA S/O BYRAPPA AGED ABOUT 59 YEARS C/O K B JAYASHREE, NEAR/OPP KIMPCO FACTORY, BM ROAD HASSAN 63. K R BASAVARAJA S/O RANGAIAH AGED ABOUT 56 YEARS #363, 10TH CROSS, KHB L/O KUVEMPUNAGAR MYSORE 64. M T NARAYANA S/O THIMMEGOWDA AGED ABOUT 57 YEARS ADOHALLI, ASHOKA EXTENSION BEHIND KSRTC DEPOT, HASSAN 65. LAKSHME GOWDA S/O NANJEGOWDA

13 13 AGED ABOUT 62 YEARS CHIGALLI VILLAGE KOUSHIKA POST HASSAN DEISTRICT 66. PUTTASWAMY S/O BASAVAIAH AGED ABOUT 66 YEARS #3996, NEAR HAMPI CIRCLE VIJAYANAGAR 2ND STAGE MYSORE K MOHAN S/O K NARASIMHA AGED ABOUT 62 YEARS #1225, IRWIN ROAD, SRINIVASA MEDICAL STORES (UPSTAIRS) MYSORE T H SHIVAKUMARASWAMY S/O TSG HUTCHAPPA AGED ABOUT 61 YEARS 736, 2ND MAIN, KHBCS LAYOUT NAGADEVAHALLI JNANABHARATHI POST BANGALORE P PADMARAJ S/O PUTTE GOWDA AGED ABOUT 65 YEARS GADEHALLI VILLAGE HASSAN TQ. 70. J THIMME GOWDA S/O JAVAREGOWDA AGED ABOUT 65 YEARS GADEHALLI HASSAN TQ.... PETITIONERS (By Sri: U S SANJEEVA MURTHY, ADV.)

14 14 AND 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVT ANIMAL HUSBANDRY & FISHERIES DEPT 4 TH FLOOR, VIKASA SOUDHA BANGALORE THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, HOSUR ROAD BANGALORE RESPONDENTS (BY SRI. RAGHAVENDRA G. GAYATHRI, HCGP FOR R-1 SRI. RAMACHANDRAN, ADV. FOR SRI. M R C RAVI, ADV. FOR R2) THESE WPs ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE HOLDING THAT THE ENDORSEMENT ISSUED BY R2 DTD VIDE ANNEX-J IS BAD IN LAW, ARBITRARY AND ISSUED WITHOUT APPLICATION OF MIND. W.P.NO /2011 BETWEEN 1. DR A M SHIVAKUMAR S/O A R MURUGENDRA GOWD AGED ABOUT 62 YEARS NO.1241, BEML III STAGE, NEAR KANAKADASA CIRCLE RAJARAJESWARINAGAR BANGALORE

15 15 2. SUNDAR RAM S/O LATE S N SHAMA RAO AGED ABOUT 60 YEARS # 1, AMBA KRUPA, BASAPPA L/O GAVIPURAM EXTN BANGALORE M A NARASE GOWDA S/O SANJEEVE GOWDA AGED ABOUT 61 YEARS NO.383/A, 1ST MAIN, 4TH PHASE, SFS,407, YELAHANKA NEW TOWN BANGALORE DR B S GANGADHARA S/O SIDDAIAH AGED ABOUT 63 YEARS R/AT NO,.65, 4 TH CROSS 36 MAIN, DOLLERS SCHEME BTM 1 ST STAGE, BANGALORE DR G S JAYAPRAKASH REDDY S/O G V SANJEEVA REDDY AGED ABOUT 62 YEARS #56, 1ST FLOOR, 2ND MAIN, KEB L/O, B T M 1ST STAGE BANGALORE DR T M LAXMINARAYANA S/O MALAYAPPA AGED ABOUT 61 YEARS NO. 6/11 A, 1ST FLOOR, OPP ANJANEYA TEMPLE, N S PALYA, BTM 2 ND STG B G ROAD BANGALORE DR V S SUNDARA MURTHY S/O SRINIVASA AGED ABOUT 63 YEARS 171, 4TH B MAIN ROAD, 4TH STAGE

16 16 IV BLOCK, BASAVESWARNAGARA BANGALORE DR G NAGARAJ S/O H GURURAJU AGED ABOUT 62 YEARS NO.14, SRI SAPTAGIRI, 1ST CROSS 29 TH A MAIN, BTM LAYOUT BANGALORE H M RUDRAIAH S/O H R MURIGAIAH AGED ABOUT 61 YEARS NO.171, JAYARAM L/O, OPP SARALA BIRLA ACADAMY, BANNERGATTA ROAD BANGALORE 10. DR H K PRAKASH S/O S H KRISHNAPPA AGED ABOUT 62 YEARS NO.20 SARADA, 5 TH CROSS, AKSHAYA NAGAR (WEST) BANGALORE Y N ANJANAPPA S/O LATE NARAYANAPPA AGED ABOUT 60 YEARS # 215/A, (BMP 26) 8TH MAIN 6 TH CR G M PALYA NEW THIPPANSANDRA POST BANGALORE 12. G R SHADAKSHARIY N ANJANAPPA S/O LATE G REVANNAIAH AGED ABOUT 60 YEARS NO.48, N S PALYA,

17 17 BTM 2 ND STAGE, 16 TH MAIN, 17 TH A CROSS, BANGALORE C S KRISHNA MURTHY S/O C S SHAMANNA AGED ABOUT 62 YEARS SNEHALAYA, SHERIFF COLONY HOLENARASIPURA ROAD HASSAN 14. SMT LAXMI N HARI W/O K L NARAHARI AGED ABOUT 56 YEARS NO.196, 5 TH CROSS, 5 TH MAIN, BSK 3 RD STAGE, C K ACHKATTU BANGALORE SMT N MUTHILI AGED ABOUT 60 YEARS NO.61, 4TH B BLOCK, 7 TH A CROSS KORAMANGALA, BANGALORE 16. G N SHIVAREDDY S/O NARAYANAPPA AGED ABOUT 61 YEARS 41/A, 3 RD CROSS, AMRUTHNAGAR SECTOR-A, SAHAKARINAGAR BANGALORE GURURAJ KULKARNI S/O KISHAN RAO AGED ABOUT 60 YEARS 93, SRI LAXMINARYANA NILAYA ASTAGRAMA LAYOUT BASAWESHWARANAGAR 2 ND STAGE, BANGALORE SHIVASHANKAR CHETTY S/O GUNDAPPA AGED ABOUT 61 YEARS

18 18 # NEW ADASHKA COLONY AF STATION ROAD, BIDAR 19. SAMPANGI S/O RAMAIAH AGED ABOUT 64 YEARS #17/4, 16TH CROSS, 7 TH MAIN ROAD, RAMAS L/O LAKKSANDRA, BANGALORE PRAKASH KULKARNI AGED ABOUT 60 YEARS, S/O BHEEMA KULKARNI 205, 6TH CROSS 5 TH A MAIN RPC L/O HAMPINAGAR, BANGALORE B CHANDRSHEKAR S/O BETTAIAH AGED ABOUT 61 YEARS, R/AT NMO.1 BYRAWESWARANILAYA RAGHAVENDRA COLONY 19 TH MAIN BTM L/O, IST STATE, BANGALORE SMT H K JYOTHI W/O THIRUMALACHAR AGED ABOUT 53 YEARS, CH NO.53, 5 TH CROSS K R VANAM MYSORE. 23. SMT S NIRMALA W/O JAYAPALA AGED ABOUT 55 YEARS, 208, 2 ND B MAIN ROAD, II STAGE, GOKULAM MYSORE.

19 A S CHANDRASHEKAR S/O SHAMBU GOWDA AGED ABOUT 59 YEARS, ASARE 3 RD CROSS, TEACHER COLONY MADDUR TOWN, MANDYA DISTRICT. 25. SMT SUJAYAKUMARI W/O N SRIKANTA AGED ABOUT 55 YEARS, 860/1/A, SUNNADAKERE IST CROSS K R MOHALLA MYSORE. 26. SHIVANAGOUDA MAGANUR S/O RAMANAGOUD MAGANUR SRI RENUKANILAYA AGED ABOUT 62 YEARS, MAHAMANE EXTN., KARNATAKA UNIVERSITY ROAD, DHARWAD BASVARAJ BANAKAR S/O AJJAPPA AGED ABOUT 62 YEARS, BASVAPUSHPA NEAR DTC 2ND CR. GANDHINAGAR, DHARWAD DATTATREYA WADAWADAGI S/O RUDRAPPA WADAWADAGI AGED ABOUT 61 YEARS, PLOT NO.1, 23 A, NEAR TELEPHONE EXCHANGE GANDHINAGAR, DHARWAD BASVARAJ PADANUR S/O. CHANNAPPA A PADANUR AGED ABOUT 63 YEARS "SRIDEVIPRASAD",

20 20 NEAR DTC HOSTEL IST CROSS, GANDHINAGAR, DHARWAD GANGAPPA HULIKERE S/O KARIBASAPPA HULIKERE AGED ABOUT 63 YEARS, SRI VENKATESHWARAKRUPA OPP. ESWAR TEMPLE, GANDHINAGAR DHARWAD B CHANDRAPPA S/O BASAVANTHAPPA AGED ABOUT 62 YEARS, PLOT NO.79, BASAVEWARANILYA NEAR RUDSET, GANDHINMAGAR DHARWAD DODDALAKKANA GOWDA S/O DODDE GOWDA AGED ABOUT 63 YEARS, "SRI RANGA ", NEAR DR. RAJKUMAR PARK SARASWATHIPURAM TUMKUR. 33. B DEVARAJ S/O BODAPPA AGED ABOUT 61 YEARS, C/O NARASEGOWDA BSK II STAGE, SHANTHINAGAR, KUMTAIAH L/O TUMKUR. 34. N L NAGANARASIMHAN S/O. L LAXMI NARASIMHAIAH AGED ABOUT 61 YEARS, SOWRABHA, N H 20, HEGGERE MAIN EXTN., SSMC HEGGERE TUMKUR. 35. SMT A N LALITHA W/O NAGARAJ AGED ABOUT 60 YEARS,

21 21 SRI LALITHA 1791, 15 TH MAIN, IST STAGE, 5 TH BLOCK HBR L/O BANGALORE SMT K G CHUDAMANI W/O S VENKATESH AGED ABOUT 58 YEARS, 298, 8 TH MAIN 6 TH CROSS MICO L/O IST STAGE, ARAKERE, B.G.ROAD, BANGALORE M CHANDRAN S/O MUNISWAMY A/A 55 YEARS, # 119/C, MARIAS STUDIO CR. THANISANDRA MN ROAD, ARABIC COLLEGE NAGAVARA, BANGALORE M S RAMACHANDRAPPA S/O ONKARAN, A/A 63 YEARS, NO.331, 4 TH E CROSS, HRBR III BLOCK, KALYANANAGAR, BANGALORE G BABU S/O LATE B GURAPPA A/A 62 YEARS, # 47/5, 6 TH MAIN ROAD, TATA SILK FARM, BANGALORE 40. H P RENUKASWAMY S/O LATE H R PUTTAPPA, RETD. ASST. MANAGER, A/A 55 YEARS, SRIKRUPA 6 TH CROSS, SAMPIGE ROAD, CB L/O UPPARAHALLI, TUMKUR N NAGARAJAIAH S/O LATE K P NARASAPPA, A/A 61 YEARS, RETD. EXTN, OFFICER, NARASIMHASWAMY NILAYA, 2 ND CR.

22 22 MANDARA ROAD, GOKULA EXTN. TUMKUR RATNAKAR PAWAR S/O LATE UDHAVASA PAWAR, A/A 61 YEARS, # NO. 363, KHB 2 ND STAGE, 2 ND MAIN ROAD, BASAVESWRANAGAR BANGALORE SMT K S MEENAXI W/O SRI K S SATISH A/A 60 YEARS, # 168, 6 TH CROSS, BDS GARDEN, GEDDALAHALLI, KOTHANUR POST, BANGALORE SRINIVAS DESHPANDE S/O MAHADEVA RAO, A/A 61 YEARS, # FLAT NO.9, SRI GANESH APARTMENT, RAJATAGIRI, DHARWAD BASAVANNEPPA SUNKAPUR S/O VEDERAPPA SUNKAPUR A/A 65 YEARS, MALGIRI PLOT, 2ND CROSS, HUNSABHAVI RAOD, BYADAGI. 46. V SRIDHARA NAVADA S/O SOORAPPA NAVADA AGED ABOUT 74 YEARS # 788/A, 11 TH CROSS WEST OF CHORD ROAD BANGALORE S BHANUMATHI W/O K R PRASAD AGED ABOUT 60 YEARS 1435, 6TH CR UPSTAIRS

23 23 KRISHNAMURHTY PURAM MYSORE CHANNE GOWDA S/O SINGRI GWODA AGED ABOUT 61 YEARS # 253, SRI LINGALAXMI NILAYA BEHIND MCE LADIES HOSTEL VIDYANAGARA, HASSAN H C ESWAR PRAKASH S/O H C CHANNABASAPPA AGED ABOUT 60 YEARS # 16, GEETHANJALI TEMPLE ROAD, 6 TH MAIN, IST CROSS, VINAYAKA NAGAR JAYALAXMIPURAM MYSORE G V MUNIRAJU S/O VENKATASWAMAPPA AGED ABOUT 62 YEARS # 2330, C BLOCK SAHAKARANAGAR BANGALORE PRAKASH GOURGONDA S/O BABU RAO AGED ABOUT 62 YEARS NO. 1782, SATYAMARGA, SECTOR 10, ANJANEYA NAGAR BELGAUM P VISHALAKSHMI W/O C R KUMARASWAMY AGED ABOUT 48 YEARS 113, 14TH MN., KIRLOSKAR COLONY, MAHALAXMIPURAM L/O BANGALORE-90

24 K S TOTAPPANAVAR S/O S H TOTAPPANAVAR AGED ABOUT 60 YEARS # 445, 13 TH MAIN, MANJUNATH NAGAR IIIRD STAGE, IST BLOCK WEST OF CHORD ROAD BANGALORE S S PATIL S/O SIDDALINGAN GOUDA AGED ABOUT 62 YEARS # 205, IIND FLOOR, SETELLITE SPLENDOUR APARTMENTS, SUNCITY RD KENGERI SATELLITE TOWN BANGALORE K CHIKKAPPA S/O DODDAPPA AGED ABOUT 62 YEARS # GOWRAMBA NILAYA, 60 FEET ROAD 6 TH CROSS, CHANNEL AREA, VINOBANAGAR, SHIMOGA N MAHESHWARAPPA S/O NINGAPPA AGED ABOUT 60 YEARS # BHAVIMANE MALLESHWARA NAGAR MAIN ROAD, GUNDAPPA SHED, SHIMOGA 57. K C ANNAPPA S/O CHOUDAPPA AGED ABOUT 64 YEARS # SRI KAMALA NILAYA D.NO 102, D BLOCK II E MAIN JH PATEL EXTENSION, KOTEGANGUR POST, SHIMOGA

25 K HONNAPPA S/O KARE GOWDA AGED ABOUT 60 YEARS NO 46, 7 TH CROSS ANNAPURNESWARI TEMPLE RD BSK 3RD STAGE, BANGALORE KEMAPAIH S/O VARADAYYA AGED ABOUT 56 YEARS ANCHANAHALLI TENDE KERE POST K.R. PET TALUK 60. A C KRISHNA S/O CHINNAPPA AGED ABOUT 60 YEARS 94, 2 ND CROSS 4 TH BLOCK 6 TH MAIN ROAD, TYAGARAJANAGAR BANGALORE PETITIONERS (By SRI. U S SANJEEVA MURTHY, ADV.) AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT 4 TH FLOOR VIKASA SOUDHA, BANGALORE THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, HOSUR ROAD, DRC POST, BANGALORE RESPONDENTS (By SRI.RAGHAVENDRA G.GAYATHRI, ADV. SRI.RAMACHANDRAN, ADV. FOR SRI. M R C RAVI FOR R2)

26 26 THESE W.PS. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE HOLDING THAT THE ENDORSEMENT ISSUED BY THE 2ND RESPONDENT DATED 18TH JULY 2006 PRODUCED AT ANNEXURE-J IS BAD IN LAW, ARBITRARY AND ISSUED WITHOUT APPLICATION OF MIND. W.P. NOs /2011 BETWEEN 1. K L GAJENDRA S/O LATE K LAKKANNA GOWDA AGED ABOUT 60 YEARS, # 55, 12 TH MAIN, 6 TH SECTOR, HSR LAYOUT, BANGALORE S K MAHADEV S/O N KEMPAIAH A/A 61 YEARS, # 307, IST CROSS, BHCS L/O SUBRAMANYAPURA MAIN ROAD, UTTARAHALLI, BANGALORE CHANDRA REDDY S/O MUNINANJAPPA A/A 61 YEARS, NO.70, HONGASANDRA, BEGUR HOBLI BANGALORE BODAPPA S/O RAMAIAH A/A 63 YEARS, # 1042, BEGUR, BANGALORE SOUTH TALUK 5. K M MANJUNATH S/O NARASIMHA SETTY A/A 51 YEARS,

27 27 NO.70, HONGASANDAR, BEGUR HOBLI, BANGALORE SHARADAMMA A/A 60 YEARS, C/O SMT.MANGAMMA R/A DAIRY QUARTES, AUDUGODI, BANGALORE D S DEVAIAH S/O CHIKKADEVAIAH A/A 60 YEARS, B/90, KENDAIAH COMPOUND, SAMEERPUA, CHAMARAJPET, BANGALORE RAMU S/O GIRIGOWDA A/A 60 YEARS, # 50, 2 ND MAIN, VINAYAKANAGAR, BSK IST STAGE, BANGALORE RAME GOWDA S/O BETTEGOWDA A/A 48 YEARS, # 24, 5 TH MAIN, 18 TH CROSS, BTM 2 ND STAGE, N.S.PALYA, BANGALORE B M PUTTASWAMY S/O MODDEBALLE GOWDA A/A 60 YEARS, # 556, 10TH CROSS, 5TH BLOCK, BHUVANESWARINAGAR, BSK 3 STAGE, BANGALORE

28 B H RAGUNATH S/O HANUMANTHARAYAPPA A/A 58 YEARS, # J-8, PIPELINE, MALLESWARAM, BANGALORE ABDUL SALAM S/O BADE SAB A/A 45 YEARS, NO.54, 9 TH CROSS, VIJAYA BANK L/O KRISHNANAGAR MAIN ROAD, BASAVANPURA, K.R.PURAM, BANGALORE 13. M CHANDRA S/O DODDAMUNINANJAPPA A/A 50 YEARS, GANIGARA BEEDI, KENGERI, MYSORE ROAD, BANGALORE V LAKSHMAIAH S/O VENKATAPPA A/A 63 YEARS, # 54, IST FLOOR, 3 RD CROSS, BINDAVANAGAR, TAVAREKERE, BANGALORE A CHANDRA A/A 61 YEARS, 175, SRIMATHA, 24 TH CROSS, 6 TH BLOCK, JAYANAGAR, BANGALORE VENKATARAMANAPPA S/O GURAPPA A/A 64 YEARS, # 365, R.H. COLO AUDUGODI,

29 29 HOSUR MAIN ROAD, BANGALORE 17. M NAGARAJA S/O LATE C MUDDAIAH A/A 54 YEARS, # 51, 3 RD CROSS, MARAMMA TEMPLE STREET, K.G.NAGAR, BANGALORE L N SREYANS KUMAR S/O NAGAKUMAR A/A 61 YEARS, # 486, 3 RD MAIN, NAGENDRA BLOCK, BSK 3 RD STAGE, HANUMANTHANAGAR, BANGALORE 19. M S SIDDARAMAIAH S/O SUBBEGOWDA A/A 70 YEARS, # HEBBAL MAIN RAOD METAGALLI POST, BASAVESWARANAGAR MYSORE 20. B J RANGEGOWDA S/O JAVARE GOWDA A/A 60 YEARS, # /1, 3 RD MAIN, SAMRAT L/O, ARAKERE BANGALORE K V SRINIVASA MURTHY S/O VENKATAPPA A/A 57 YEARS, # 449, 14 TH CROSS, 50 TH MAIN ROAD, GIRINAGAR,

30 30 MUNISWARA BLOCK, BANGALORE 22. NAZARULLA SHARIFF S/O RAHMAN SHERIFF A/A 62 YEARS, # 4, 3 RD CROSS, THIMMANNA L/O R.T.NAGAR, DEVEGOWDA ROAD, BANGALORE 23. B MUNISWAMAPPA S/O VEEREGOWDA A/A 62 YEARS, NAYANDANAHALLI, MYSORE ROAD, BANGALORE 24. P THIMMEGOWDA DEAD BY lr HIS WIFE MEENAXI AGED ABOUT 58 YEARS, # 125, AGARA VILLAGE, BANGALORE. 25. T ANAND S/O M THOPPAIAH A/A 55 YEARS, # 123, HOSAKEREHALLI, BSK 3 STAGE, BANGALORE L V RAJU S/O LAKSHMINARAYANA A/A 59 YEARS, # 10 R R OIL MILL ROAD, ARAVINDANAGAR, BANGALORE 27. H L LAKKANNA S/O LATE LAKKANNA A/A 58 YEARS, # 209, 23RD CROSS, 8TH BLOCK, KORAMANGALA, BANGALORE KEMPANNA S/O HANUMANTARAYAPPA A/A 59 YEARS, # 19/2, 4 TH A CROSS,

31 31 LALJINAGAR, LAKKASANDRA, BANGALORE S K SHIVANNA S/O KEMPAIAH A/A 61 YEARS, # 70, SHARADA NILAYA, NO.78, 8 TH MAIN, 3 RD A CROSS, BHUVANESWARI NAGAR, T.DASARAHALLI, BANGALORE G NARASIMHAIAH S/O GANGAMUTHA RAYAPPA A/A 58 YEARS, # 19 1C NARAYANAPURA, SATHANOOR POST, K.R.PURAM HOBLI BANGALORE 31. SIDDARAJU S/O PATEL BORAIAH A/A 68 YEARS, OLD VAKKALIGARA ONI, MADDUR, MANDYA DISTRICT 32. A V GOVINDAPPA S/O VENKATARAMAPPA A/A 61 YEARS, HUNASEMARA DODDI, GANALU POST, KANAKAPURA TALUK 33. T S MALLANNA S/O SIDDAPPA A/A 64 YEARS, THOTA SAGARA, GOPALAPURA, GUBBI TQ., TUMKUR 34. CHANDRASHEKAR RAO S/O S R ASWATHANARAYANA RAO A/A 63 YEARS, SUPRABHATA, 4 TH CROSS, CHANNABASAVESWARA NAGAR UPPARHALLI, TUMKUR 35. M N PATIL S/O M B PATIL A/A 64 YEARS,

32 32 TRYIYA NERALU, VISWANNA L/O SHANTHINAGAR, TUMKUR 36. SMT B BRAMARAMBA W/O C CHANDRASHEKARAIAH A/A 61 YEARS, # 237, MAHESHWARA, 2 ND CROSS, SIT EXTENSION, S.S.PURAM POST, TUMKUR THIMMAIAH S/O GIRIYANNA A/A 63 YEARS, LAKSHMISAGARA, SIRA TALUK, TUMKUR DISTRICT 38. S SIDDAIAH S/O SIDDALINGAIAH A/A 59 YEARS, # 10 TH CROSS, BADDIHALLI, NEAR G.P.SCHOOL, KYATHASANDRA, TUMKUR 39. D G KRISHNEGOWDA A/A 62 YEARS, VIDYANAGAR, IST CROSS, NEAR KEB, M.G.ROAD, GUBBI, TUMKUR DISTRICT 40. C SWAMINATHAN A/A 65 YEARS, RETD, TECHNOLOGIST, NO.40, 2 ND CROSS, IV MAIN, SADHASHIVANAGAR, TUMKUR B P SIDDAPPA S/O APPAINA PUTTAPPA A/A 62 YEARS, # 404, IST FLOOR, 9 TH CROSS, BCC L/O,

33 33 VIJAYANAGAR, BANGALORE RANGASWAMAIAH S/O PUJAR CHIKKARANGAIAH A/A 61 YEARS, ADLAPUR VILLAGE, HALNUR POST, TUMKUR TQ. 43. C HANUMANTHAPPA DEAD BY LRS WIFE AMARAVATHI, A/A 46 YEARS, HURLUR VILLAGE, VARTHUR HOBLI, SARJAPURA, BANGALORE 44. RAJAGOPAL DEAD BY LRS HIS WIFE SMT.SHASHIKALA, A/A 50 YEARS, NO.1320/17, 8TH MAIN ROAD, A BLOCK, RAJAJINAGAR, 2ND STAGE, BANGALORE M RAMAIAH DEAD BY LRS HIS WIFE LALITHAMMA, A/A 43 YEARS, NO.1466, BEHIND CANARA BANK, BEGUR MAIN ROAD, BANGALORE 46. BASAVARAJU DEAD BY LRS HIS WIFE A. KAMALAMMA, A/A 47 YEARS, NO.16, 5 TH CROSS, 10 TH MAIN ROAD, T.R.SHAMANNANAGAR, SRINAGAR, BANGALORE DHARMEGOWDA DEAD BY LRS HIS WIFE LAXMIDEVAMMA, A/A 38 YEARS, # 14/4, 2ND CROSS, S.G.PALYA, DRC POST, BANGALORE S RAMACHANDRA DEAD BY HIS LR WIFE GEETHALAKSHMI, A/A 37 YEARS, R/A NO.20, AET COLLEGE,

34 34 SARJAPURA ROAD, BANGALORE K G VENKATESH DEAD BY LR HIS WIFE SAROJAMMA, A/A 50 YEARS, # 20/19TH CROSS, LAXMISRI L/O GARVEBHAVIPALYA HOSUR MAIN ROAD BANGALORE A B NANJAPPA DEAD BY LRS HIS WIFE RATHNAMMA, A/A 50 YEARS, NO.142, 24 TH MAIN, 9TH CROSS, HSR L/O AGARA SARJAPUR ROAD BANGALORE 51. K G SRINIVASAIAH DEAD BY LRS HIS WIFE SMT.NAGARATHAMMA, A/A 46 YEARS, NO.20/1, 98TH CROSS, LAXMISRI L/O GARBAVI PALYA, HOSUR MAIN ROAD BANGALORE K RAJU DEAD BY LR HIS WIFE SMT VICTORIA, A/A 58 YEARS, NO.2/74, MAYURA ROAD, POSTMASTER LANE, LINGARAJAPURAM, ST.THOMAS TOWN, BANGALORE THIMMAIAH DEAD BY LRS HIS WIFE LAXMAMMA, A/A 54 YEARS, # 106, CHIKKALAXMAIAH L/O HOSUR ROAD, BANGALORE C BALAKRISHNA DEAD BY LR HIS WIFE G.ANANDAMMA, A/A 60 YEARS, # 99/1, AUDUGODI, HOSUR ROAD, BANGALORE

35 K T RAMESH DEAD BY LR HIS WIFE SMT.SHANTHAMMA, A/A 55 YEARS, R/A NO.404, 2 ND D MAIN ROAD 11TH BLOCK, NAGARABHAVI 2ND STAGE, BANGALORE VEERABHADRAIAH DEAD BY LR HIS WIFE SMT.NALINA, A/A 50 YEARS, # ANANDA NILAYA, 10TH CROSS, RADHAKRISHNA ROAD, SARASWATHIPURAM, TUMKUR 57. DR G SHIVARUDRAPPA DEAD BY LR Age:54 WIFE SMT.S.V.LALITHAMMA A/A 54 YEARS, RAMESHWARA NILAYA, # 96, IST CROSS, KRISHNANAGAR, SIT EXTENSION, TUMKUR 58. T G SHIVARAMAIAH DEAD BY LRS HIS WIFE LAXMIDEVAMMA A/A 56 YEARS, # C-46, KHB COLONY, VIDHYANAGAR, NEAR STELLA MERIS SCHOOL KUNIGAL, TUMKUR DISTRICT 59. B D RAJANNA S/O B DASE GOWDA A/A 61 YEARS, # PARASANAHALLI, BANDIHOLE POST, NITTUR HOBLI, GUBBI TALUK, TUMKUR DISTRICT 60. K S SRINIVAS S/O K V SHESHADRI IYER A/A 65 YEARS, # 93, TYAGARAJA ROAD, FORT MOHALLA, MYSORE-04

36 C K MURTHY S/O THIMMAPPA A/A 65 YEARS, # 19, 18TH CROSS, 6TH MAIN, BEHIND EMPORAR, N.S.PALYA, BTM L/O, 2 ND STAGE, BANGALORE SMT MANGAMMA W/O RAMAIAH A/A 61 YEARS, # 15, 4TH CROSS, LAKKASANDRA, DR POST, BANGALORE SMT M SAROJAMMA W/O VENKATASWAMAPPA A/A 66 YEARS, # 15/3, IYYAPPA GARDEN, NEAR MICO FACTORY, B.G.ROAD, BANGALORE SANNAPPA S/O KALAPPA A/A 60 YEARS, KUDIG KOPPAPUR, KUDIGE POST, SOMARPET TALUK 65. ERANNA DEAD BY LR HIS WIFE SMT.SOMAJI A/A 56 YEARS, KUDUMANGALORE, KUSHALNAGAR HOBLI, COORG 66. D HANUMESHA RAO S/O BHEEMA RAO A/A 64 YEARS, MARUTHI PRASANNA ANNAPURNESH- WARINILAYA, DODDAPPA LO,WARD NO.8, # 308, BEHIND COURT, ANEKAL 67. VENKATAPPA DEAD BY LRS HIS WIFE PARVATHAM, A/A 58 YEARS, # KUDUMANGALORE,

37 37 SOMWARPET TALUK 68. S NANJAPPA S/O SIDDAPPA A/A 61 YEARS, 54, W-14, KORATAGERE, EAR DHAYABHAVAN HOTEL, KORATAGERE, TUMKUR DISTRICT 69. N VENKATAIAH S/O VENKATAPPA A/A 58 YEARS, # 209/14, 5 TH CROSS, 12 TH MAIN, T.R.SHAMANNA NAGAR, BANGALORE CHIKKONU DEAD BY LR HIS WIFE DHANA-LAXMI A/A 43 YEARS, # 84/1, 2 ND STAGE, N.S.PALYA, ABBAIAHAPPA L/O B.G.ROAD, BANGALORE SUNDARA S/O KARIYAPPA A/A 54 YEARS, # KUDUMANGALORE VILLAGE, SOMARPET TALUK 72. M S NAGARAJ S/O LATE SHIVANNA A/A 53 YEARS, # KUDUMANGALORE VILLAGE, SOMARPET TALUK 73. DODDEGOWDA DEAD BY LR HIS WIFE LAXMAMMA, A/A 54 YEARS, KUDIGE VILLAGE, SOMAWARPET TQ., COORG DISTRICT

38 SHANKAR SHETTY DEAD BY LRS HIS WIFE LAXMAMMA A/A 56 YEARS, HEGGAHALLI, KUDIGE POST, COORG DISTRICT 75. K B NIMBEGONDI DEAD BY LR HIS WIFE SMT.SHAKUNTALA K N A/A 56 YEARS, NO.251, 6TH CROSS, 5TH MAIN, INDIRANAGAR IST STAGE, BANGALORE B G RAJU DEAD BY LRS HIS WIFE B.K.KALAVATHI A/A 52 YEARS, # 30, 3RD CROSS, TULSINAGAR, GOLLARAHATTI, NEAR ANY TIME WATER PLANT, VISWANEEDAM, BANGALORE RUDRAPPA S/O DODDEGOWDA A/A 60 YEARS, DODDATHUR VILLAGE, SOMARPET TALUK 78. KRISHNA S/o D B THIMMAPPA A/A 59 YEARS, KUDUMANGALORE SOMARPET TQ., COORG 79. M B BOJAMMA W/O B P POOVAIAH A/A 58 YEARS, KUDUMANGALORE VILLAGE, KUSHALNAGAR, COORG DISTRICT. 80. T NANJUNDACHARI S/O THIFMMANNA CHARI A/A 61 YEARS, # VENKATESHWARA KRUPA,

39 39 BEHIND JANATHA COLONY, SAPTAGIRI EXTENSION, SHETTYHALLI EXTN TUMKUR 81. M K THAMMANNA S/O KENCHEGOWDA A/A 62 YEARS, # 68/70, VI CROSS, IV MAIN ROAD, PRAKASH NAGAR, BANGALORE N NARAYANA SWAMY S/O NARAPPA A/A 59 YEARS, # 216, SOMARPET MAIN ROAD, KUDIGE, KUSHALNAGAR HOBLI 83. C S PATIL S/O S.PATIL A/A 58 YEARS, # MANNUR VILLAGE, HOSANILGIRI POST, SAVANUR TQ., HAVERI DIST 84. SMT ZABIDONNISA BEGAM AGED ABOUT 58 YEARS, P.H.COLONY, 10TH CROSS, BOMBAY BUILDING, TUMKUR 85. PARAMASHIVAIAH DEAD BY LR HIS WIFE MANJULA A/A 55 YEARS, HARNALLI, HARNALLI HOBLI BYLKUPPE POST, PERIAPATNA TALUK 86. B VENKATRAMAIAH S/O VENKATAPPA A/A 58 YEARS, # 209/14, 12TH MAIN 5TH CROSS,

40 40 T.R.SHAMANNA NAGAR, BANGALORE DEVEGOWDA DEAD BY LRS HIS WIFE SAVITRAMA A/A 52 YEARS, KUDIGE VILLAGE, SOMAWARPET TALUK 88. P SHAMANNA A/A 60 YEARS, # SRI RANGA-NATHA NILAYA, MARALOR DINNE OPP. ENGINEER JAYAPRAKASH HOUSE 14TH CROSS, TUMKUR 89. A M RAMAPPA S/O MUNIYAPPA A/A 60 YEARS, # 3, BASAVANNA TEMPLE STREET, IST CROSS, AUDUGODI, BANGALORE N NAGAPPPA S/O NYATHAPPA A/A 64 YEARS, # 79, IST MAIN, 2ND CROSS, YELAHANKA NEW TOWN, NEAR SHIRADI SAI BABA TEMPLE, GKVK POST, BANGALORE R GANGANNA S/O RANGAIAH A/A 61 YEARS, # HOSAPALYA VILLAGE, ADAGOOD POST, 92. THIMME GOWDA S/O.NANJE GOWDA, AGED ABOUT 64 YEARS, KAGGALAHALLI HAROHALLI HOBLI, RAMANAGAR DISTRICT.

41 A R SHANKAR S/O REVAIAH A/A 62 YEARS, # 79, IST CROSS, 2ND MAIN, MATHUR L/O NEAR SHIRADISAIBABA TEMPLE, YELAHANKA NEW TOWN, GKVK POST, BANGALORE V P VENKATESH S/O V K PUTTAIAH A/A 61 YEARS, RAMYA MEDICAL SHOP ASALEHOSAHALLI, SHANTIGRAMA HOBLI HASSAN TQ & DISTRICT 95. G MAREGOWDA A/A 60 YEARS, DEVRAJ MAIN ROAD, SARASWATHIPURA TUMKUR 96. M RANGANATHAPPA DEAD BY LRS HIS WIFE SMT.RADHARAMMA K R A/A 51 YEARS,NO.39, LIG-2, K BLOCK, 6TH B MAIN, RAMAKRISHNA NAGAR MYSORE 97. P LAKSHMINARAYANA REDDY S/O P THIMMADASA REDDY A/A 66 YEARS, C/O SLV TRADERS, IST MAIN ROAD, Y.N.COMPLEX, APMC YARD, BATAWADI, TUMKUR (By SRI. U S SANJEEVA MURTHY, ADV.)... PETITIONERS AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVT ANIMAL HUSBANDRY & FISHERIES DEPT

42 42 4TH FLOOR, VIKASA SOUDHA BANGALORE-1 2. THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, HOSUR ROAD, BANGALORE RESPONDENTS (By SRI. RAGHAVENDRA G.GAYATHRI, HCGP FOR R1, SRI. RAMACHANDRAN, ADV. FOR SRI.M.R.C. RAVI, ADV. FOR R2) THESE WPS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD THAT THE ENDORSEMENT ISSUED BY THE R2 DT PRODUCED AT ANN-J IS BAD IN LAW, ARBITRARY & ISSUED WITHOUT APPLICATION OF MIND. W.P.Nos /2011 & 44446/2011 BETWEEN 1. DR. H. CHANNE GOWDA AGED ABOUT 67 YEARS, S/O HANUMANTHA GOWDA, # 505, 4 TH A MAIN, 6TH CROSS OMBR L/O, BHUVANAGIRI BANGALORE 2. DR. G.S. KUTNIKAR AGED ABOUT 67 YEARS, S/O GAJANANA RAO, # 2754, 5TH MAIN, V.V. MOHALLA, MYSORE 3. CHANDRASHEKHAR D AGED ABOUT 60 YEARS, S/O BHYRAPPA,

43 43 32, 29 TH CR. 7TH BLOCK, JAYANAGAR, BANGALORE P.V. LAKSHMANA RAO AGED ABOUT 60 YEARS, S/O LATE P. VENKATA RAO, # 1462, SRI VENKATESHWARA NILAYA, 1ST MAIN, 3RD CR., MUNESWARANAGAR, KOLAR 5. S. PANIRAJ AGED ABOUT 60 YEARS, S/O S.B. SRINIVAS, 6 TH MAIN, 2 ND CROSS, KATRIGUPPE (EAST) BSK 3RD STAGE, BANGALORE B.M. PREMNATH AGED ABOUT 60 YEARS, S/O P.G. MAHADEVAIAH, "SARVAMANGALA" NILAYA, 3 RD CROSS, ASHOKNAGAR, TUMKUR PETITIONERS (By SRI.U S SANJEEVA MURTHY, ADV.) AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRTARY TO GOVT. ANIMAL HUSBANDRY & FISHERIES DEPT. 4 TH FLOOR, VIKASA SOUDHA, BANGALORE THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION,

44 44 KMF COMPLEX, HOSUR ROAD, BANGALORE RESPONDENTS (By SRI. RAGHAVENDRA G.GAYATHRI, ADV. SRI. RAMACHANDRAN, ADV. FOR SRI. M.R.C. RAVI, ADV. FOR R2) THESE WPS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD THAT THE ENDORSEMENT ISSUED BY THE R2 VIDE DT , PRODUCED AT ANN-J IS BAD IN LAW, ARBITRARY & ISSUED WITHOUT APPLICTION OF MIND AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN `B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The petitioners in these writ petitions have called in question the communication dated issued by the Karnataka Co-operative Milk Producers Federation Ltd., (in short referred to as KMF ). 2. The petitioners had made a representation by a letter dated and inter alia seeking for pensionary benefit in terms of the Karnataka Civil Services Rules on the ground that they were earlier working in Karnataka Diary Development Corporation Ltd., and by

45 45 general circular dated it was clarified that all the service rules that are applicable to the government servants be followed in respect of employees appointed by the Karnataka Diary Development Corporation (for short referred to as KDDC ) except the employees appointed either by the Corporation or Units/Unions. On the formation of KMF, option was given to the employees of KDDC to opt as to whether they would continue in KDDC or KMF. 3. On in pursuance of representation made by the employees of KDDC employees further option was given to the KDDC employees to exercise their option in terms of the form annexed to the said communication dated The learned counsel appearing for the petitioner submits that in terms of the same petitioners exercised their option opting to continue their service in KMF subject to condition that the conditions of service after

46 46 option given to the federation, the benefits provided shall not be less favorable than those obtained in KDDC in respect of existing KDDC rules and in respect of other matters, for which the KDDC had not framed rules but was following KCSR the same shall not be less favourable than those obtained under KCSR to the extent being followed by KDDC. Having given this option these petitioners became the employees of KMF and they were drawing salary in perks from time to time according to the rules made by the federation. 5. The grievance of the petitioners after the retirement was that they had exercised the option subject to the KCSR Rules made applicable and the benefits available to the government employees and as such they had made representation to the State Government as well as the KMF for sanctioning the pension on par with the government employees. Hence, the said request has been rejected by Annexure-J. The learned counsel appearing for

47 47 the petitioner submitted that the petitioners were governed by KCSR Rules and their rights were protected in the option exercised by them and as such service benefits should not be less than that of government employees, and as such they were entitled for pensionary benefits. He also submitted that even accepting Provident Fund does not disentitle them from seeking pension. He relied on a judgment of the Apex Court reported in AIR 1960 SC 833 in the matter of Bharatkhand Textile Manufacturing Co. ltd., Ahmedabad and Others vs. Textile Labour Association, Bhadra, Ahmedabad. 6. The learned counsel appearing for KMF submitted that petitioners were the employees of KDDC and they were absorbed by the KMF. Neither in KDDC nor in KMF there is any provision for pension. The petitioners were not the government servants and they are not governed by the KCSR. KDDC itself had its own cadre and recruitment

48 48 rules and as such petitioners grievance is rejected by the federation. 7. The learned High Court Government Pleader submitted that the petitioners are neither the government employees nor they are entitled for pensionary benefit. He submitted that the KDDC has been wound up after the formation of KMF and such employees who were absorbed by the KMF are governed by the Service Rules of KMF. Hence, there is no justification in the grievance of the petitioners. 8. In reply to the same the learned counsel appearing for the petitioners submitted that if the KDDC employees had not opted the option of KMF and if they had been benefited with the pensionary benefits petitioners are entitled for the same benefit. 9. As far as the contention of the petitioner that they were governed by KCSR is concerned, the KDDC had

49 49 issued a general circular to follow the rules applicable to the Government servant. However, when the petitioners exercised their option in terms of Annexure-F the option form annexed to Annexure-F gives two options and the petitioners have exercised the first option which reads as under: I/opt to continue my services with the Karnataka Co-operative Milk Producers Federation Limited subject to the condition that the conditions of service after option to the federation shall not be less favourable than those obtaining in KDDC in respect of existing KDDC rules and in respect of other matters for which KDDC had not framed rules but was following the KCSR the same shall not be less favourable than those obtained in KCSR to the extent it was being followed by KDDC. and from the option exercised by the petitioners it shows that they are all governed by the KDDC Rules only in respect of some aspects they were governed with KCSR.

50 50 As such it is not in dispute that they were not the government servants, may be for certain purpose the KCSR had been opted, otherwise their service conditions are governed by the rules governed by the KDDC. However, petitioners have not produced any material to show that the employees of KDDC were provided with pensionary benefit on their retirements. Though the learned counsel appearing for the petitioner relying on Annexure-H submitted that the KDDC had not framed any rules, but the form annexed to Annexure-F shows that the Rules were framed by the KDDC and the employees were governed by the said rules. 10. Be that as it may, the petitioners after retirement have also accepted the Provident Fund from KMF. However, if there was a benefit extended to such employees who retired as the employees of KDDC on its winding up and have been provided with pensionary

51 51 benefit, in such case the petitioners grievance has some relevance. 11. In the absence of any material before this Court it is not possible for this Court to give any direction either to the State or the KMF. However, at the same time, petitioner could be given liberty to produce relevant material to show that similarly placed employees have been given pensionary benefit, in such case the State as well as the KMF on production of such material are directed to consider the consolidated representation, if any, submitted by the petitioners. In case if the representation of the petitioners is rejected, petitioners are at liberty to raise a dispute in accordance with law. With this observation, petitions stand disposed of accordingly. SS/- Sd/- JUDGE