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

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.12527-96 OF 2012 c/w W.P.NOS.35010-69 OF 2011, W.P.NOS.40783-79 OF 2011, W.P.NOS.44440-44445 OF 2011 & W.P.NO.44446 OF 2011(S-R) W.P NOS.12527-96/2012 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 560 076 2. YASHODAMMA W/O M.ANAND A/A 65 YEARS RAMACNADRAPPA BLDG. 8 TH CROSS, CENTRAL JAIL RD HOSUR ROAD ELECTRONIC CITY POST BANGALROE 100 3. DR.BALASUBRAMANYAM S/O NARAYANA RAO A/A 62 YRS, NO.36

2 34 TH MN. BTM SECOND STAGE BANGALORE 68. 4. 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 50 6. N.J.KEMPEGOWDA S/O JAVARE GOWDA A/A 65 YRS., #14/1 IST CR.MINIKRISHAPPA L/O KORAMANGALA RD AUDUGODI, BANGALORE 30 7. DR.P.S.CHANDRASHEKARAPPA S/O SHIVALINGAPPA P.M. A/A 68 YRS #606, 10 TH B CR.4 TH MAIN, MAHALAXMIPURAM BANGALORE 86 8. 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 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 560 072 11.BOJAPPA C.C S/O KARIYAPPA A/A 61 YRS., NO.400 KRISHNA KRUPA, 13 TH CROSS LAKKASANDRA EXTENSION BANGALORE 30 12.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 97 14.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 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 62 17.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 76 19.PURUSHOTHAM S/O LATE BALAPPA AGED ABOUT 61 YEARS NO.9, MUKAMBIKA NILAYA IST CROSS, JAYADEVANAGAR KRS ROAD, BG HALLI MYSORE 570 016 20.KRISHNA MURTHY S/O BUTCHAPPA AGED ABOUT 61 YRS NO.2333, 4 TH CROSS, KANAKA NAGAR, R.T.NAGAR POST BANGALORE 560 032.

5 21.M.NARAYANASWAMY S/O THIRUMALA CHAR AGED ABOUT 63 YRS #126, 5 TH CROSS, TEACHERS BSK 2 ND STAGE BANGALORE 560 070 22.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 17 24.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 - 201 26.V D NARARAJU S/O DASE GOWDA AGED ABOUT 61 YEARS

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 - 29 28.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 560 085 31.H DASAPPA S/O HANUMANTHAPPA AGED ABOUT 65 YEARS NO.10, 5 A CROSS,

7 EJIPURA R A ROAD VIVEKANAGAR POST BANGALORE - 47 32.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 23. 34.K DHINAGARAN S/O KOLLAPURI AGED ABOUT 61 YEARS 3, 3RD MAIN ROAD LAXMAMMA LAYOUT, DODDA BANASWADI BANGALORE -43 35.K T BYRAPPA AGED ABOUT 60 YEARS NO 50, 1ST CROSS, YESHASWINI NILAYA, AMBEDKAR TELECOM LAYOUT VIJAYANAGAR PIPE LANE, BANGALORE 560 023. 36.M M DEVAIAH DEAD BY LR HIS WIFE SMT. PUSHPAVATHI AGED ABOUT 58 YEARS #MADENALU VILLAGE & POST MADEKERE TALUK

8 COORG 37.S RUBEN S/O SUSAIRAJ AGED ABOUT 58 YEARS #571, 3RD BLOCK, 14TH CROSS VISWAPRIYA NAGAR BANGALORE 560 068 38.DR R SYED AMEER AHMED S/O RAYADURG SYED ABDUL KHADERSAB AGED ABOUT 61 YEARS #293/A, 3RD MAIN ROAD, PARVATHINAGAR BELLARY 583 104 39.R T PRASANNA S/O T C THIMMAIAH AGED ABOUT 55 YEARS DHARMAVARDINI NILAYA, 4TH CROSS KALPATHARU COLLEGE OF ENGINEERING VIDYANAGAR TIPTUR 572 202. 40. 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 #1-2393 BEHIND RAGAVENDRASWAMY TEMPLE N R EXTENSION CHINTAMANI

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 560 019. 45. 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 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 572 103 51. 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 560 060

11 54. 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 #216, 5TH MAIN, 6TH CROSS KODIHALLI, ALASOOR POST BANGALORE - 08 60. G T VEKATESH S/O THIMME GOWDA AGED ABOUT 62 YEARS #28/8-5, 15TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE 560 011 61. C RAMAIAH S/O LATE CHIKKANNA AGED ABOUT 64 YEARS #35, 5TH MAIN, 2ND CROSS CPV BLOCK, GANGANAGAR EXTENSION R T NAGAR, BANGALORE 560 032 62. 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 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 570 017 67. K MOHAN S/O K NARASIMHA AGED ABOUT 62 YEARS #1225, IRWIN ROAD, SRINIVASA MEDICAL STORES (UPSTAIRS) MYSORE 01 68. T H SHIVAKUMARASWAMY S/O TSG HUTCHAPPA AGED ABOUT 61 YEARS 736, 2ND MAIN, KHBCS LAYOUT NAGADEVAHALLI JNANABHARATHI POST BANGALORE 56 69. 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 AND 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVT ANIMAL HUSBANDRY & FISHERIES DEPT 4 TH FLOOR, VIKASA SOUDHA BANGALORE - 01 2. THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, HOSUR ROAD BANGALORE 29... 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.18.7.2006 VIDE ANNEX-J IS BAD IN LAW, ARBITRARY AND ISSUED WITHOUT APPLICATION OF MIND. W.P.NO.35010-69/2011 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 2. SUNDAR RAM S/O LATE S N SHAMA RAO AGED ABOUT 60 YEARS # 1, AMBA KRUPA, BASAPPA L/O GAVIPURAM EXTN BANGALORE-19 3. 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-560064 4. 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-68 5. 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-29 6. 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-76 7. DR V S SUNDARA MURTHY S/O SRINIVASA AGED ABOUT 63 YEARS 171, 4TH B MAIN ROAD, 4TH STAGE

16 IV BLOCK, BASAVESWARNAGARA BANGALORE-560079 8. DR G NAGARAJ S/O H GURURAJU AGED ABOUT 62 YEARS NO.14, SRI SAPTAGIRI, 1ST CROSS 29 TH A MAIN, BTM LAYOUT BANGALORE-68 9. 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-68 11. 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 BTM 2 ND STAGE, 16 TH MAIN, 17 TH A CROSS, BANGALORE-76 13. 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-560 085 15. 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-92 17. GURURAJ KULKARNI S/O KISHAN RAO AGED ABOUT 60 YEARS 93, SRI LAXMINARYANA NILAYA ASTAGRAMA LAYOUT BASAWESHWARANAGAR 2 ND STAGE, BANGALORE-79 18. SHIVASHANKAR CHETTY S/O GUNDAPPA AGED ABOUT 61 YEARS

18 #19-1-15 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-30 20. PRAKASH KULKARNI AGED ABOUT 60 YEARS, S/O BHEEMA KULKARNI 205, 6TH CROSS 5 TH A MAIN RPC L/O HAMPINAGAR, BANGALORE 104 21. 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 29 22. 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 24. 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 580 003 27. BASVARAJ BANAKAR S/O AJJAPPA AGED ABOUT 62 YEARS, BASVAPUSHPA NEAR DTC 2ND CR. GANDHINAGAR, DHARWAD- 580 004 28. DATTATREYA WADAWADAGI S/O RUDRAPPA WADAWADAGI AGED ABOUT 61 YEARS, PLOT NO.1, 23 A, NEAR TELEPHONE EXCHANGE GANDHINAGAR, DHARWAD 580 004 29. BASVARAJ PADANUR S/O. CHANNAPPA A PADANUR AGED ABOUT 63 YEARS "SRIDEVIPRASAD",

20 NEAR DTC HOSTEL IST CROSS, GANDHINAGAR, DHARWAD - 4. 30. GANGAPPA HULIKERE S/O KARIBASAPPA HULIKERE AGED ABOUT 63 YEARS, SRI VENKATESHWARAKRUPA OPP. ESWAR TEMPLE, GANDHINAGAR DHARWAD 4. 31. B CHANDRAPPA S/O BASAVANTHAPPA AGED ABOUT 62 YEARS, PLOT NO.79, BASAVEWARANILYA NEAR RUDSET, GANDHINMAGAR DHARWAD 4. 32. 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 SRI LALITHA 1791, 15 TH MAIN, IST STAGE, 5 TH BLOCK HBR L/O BANGALORE 43 36. 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 76 37. M CHANDRAN S/O MUNISWAMY A/A 55 YEARS, # 119/C, MARIAS STUDIO CR. THANISANDRA MN ROAD, ARABIC COLLEGE NAGAVARA, BANGALORE-4 38. M S RAMACHANDRAPPA S/O ONKARAN, A/A 63 YEARS, NO.331, 4 TH E CROSS, HRBR III BLOCK, KALYANANAGAR, BANGALORE-43 39. 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-102 41. N NAGARAJAIAH S/O LATE K P NARASAPPA, A/A 61 YEARS, RETD. EXTN, OFFICER, NARASIMHASWAMY NILAYA, 2 ND CR.

22 MANDARA ROAD, GOKULA EXTN. TUMKUR-104 42. RATNAKAR PAWAR S/O LATE UDHAVASA PAWAR, A/A 61 YEARS, # NO. 363, KHB 2 ND STAGE, 2 ND MAIN ROAD, BASAVESWRANAGAR BANGALORE-560079 43. SMT K S MEENAXI W/O SRI K S SATISH A/A 60 YEARS, # 168, 6 TH CROSS, BDS GARDEN, GEDDALAHALLI, KOTHANUR POST, BANGALORE-77 44. SRINIVAS DESHPANDE S/O MAHADEVA RAO, A/A 61 YEARS, # FLAT NO.9, SRI GANESH APARTMENT, RAJATAGIRI, DHARWAD-580004 45. 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-560 086 47. S BHANUMATHI W/O K R PRASAD AGED ABOUT 60 YEARS 1435, 6TH CR UPSTAIRS

23 KRISHNAMURHTY PURAM MYSORE-4 48. CHANNE GOWDA S/O SINGRI GWODA AGED ABOUT 61 YEARS # 253, SRI LINGALAXMI NILAYA BEHIND MCE LADIES HOSTEL VIDYANAGARA, HASSAN-573 202 49. 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-570 012 50. G V MUNIRAJU S/O VENKATASWAMAPPA AGED ABOUT 62 YEARS # 2330, C BLOCK SAHAKARANAGAR BANGALORE-92 51. PRAKASH GOURGONDA S/O BABU RAO AGED ABOUT 62 YEARS NO. 1782, SATYAMARGA, SECTOR 10, ANJANEYA NAGAR BELGAUM-590 016 52. P VISHALAKSHMI W/O C R KUMARASWAMY AGED ABOUT 48 YEARS 113, 14TH MN., KIRLOSKAR COLONY, MAHALAXMIPURAM L/O BANGALORE-90

24 53. 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-10 54. S S PATIL S/O SIDDALINGAN GOUDA AGED ABOUT 62 YEARS # 205, IIND FLOOR, SETELLITE SPLENDOUR APARTMENTS, SUNCITY RD KENGERI SATELLITE TOWN BANGALORE-60 55. K CHIKKAPPA S/O DODDAPPA AGED ABOUT 62 YEARS # GOWRAMBA NILAYA, 60 FEET ROAD 6 TH CROSS, CHANNEL AREA, VINOBANAGAR, SHIMOGA 577 204 56. 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 577 204

25 58. K HONNAPPA S/O KARE GOWDA AGED ABOUT 60 YEARS NO 46, 7 TH CROSS ANNAPURNESWARI TEMPLE RD BSK 3RD STAGE, BANGALORE 85 59. 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 28... 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 01 2. THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, HOSUR ROAD, DRC POST, BANGALORE 560 029... RESPONDENTS (By SRI.RAGHAVENDRA G.GAYATHRI, ADV. SRI.RAMACHANDRAN, ADV. FOR SRI. M R C RAVI FOR R2)

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.40783-79/2011 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-560102 2. S K MAHADEV S/O N KEMPAIAH A/A 61 YEARS, # 307, IST CROSS, BHCS L/O SUBRAMANYAPURA MAIN ROAD, UTTARAHALLI, BANGALORE-61 3. CHANDRA REDDY S/O MUNINANJAPPA A/A 61 YEARS, NO.70, HONGASANDRA, BEGUR HOBLI BANGALORE-560 068 4. 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 NO.70, HONGASANDAR, BEGUR HOBLI, BANGALORE-560 068 6. SHARADAMMA A/A 60 YEARS, C/O SMT.MANGAMMA R/A DAIRY QUARTES, AUDUGODI, BANGALORE-29 7. D S DEVAIAH S/O CHIKKADEVAIAH A/A 60 YEARS, B/90, KENDAIAH COMPOUND, SAMEERPUA, CHAMARAJPET, BANGALORE-18 8. RAMU S/O GIRIGOWDA A/A 60 YEARS, # 50, 2 ND MAIN, VINAYAKANAGAR, BSK IST STAGE, BANGALORE-50 9. RAME GOWDA S/O BETTEGOWDA A/A 48 YEARS, # 24, 5 TH MAIN, 18 TH CROSS, BTM 2 ND STAGE, N.S.PALYA, BANGALORE-560 076 10. B M PUTTASWAMY S/O MODDEBALLE GOWDA A/A 60 YEARS, # 556, 10TH CROSS, 5TH BLOCK, BHUVANESWARINAGAR, BSK 3 STAGE, BANGALORE

28 11. B H RAGUNATH S/O HANUMANTHARAYAPPA A/A 58 YEARS, # J-8, PIPELINE, MALLESWARAM, BANGALORE-3 12. 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-60 14. V LAKSHMAIAH S/O VENKATAPPA A/A 63 YEARS, # 54, IST FLOOR, 3 RD CROSS, BINDAVANAGAR, TAVAREKERE, BANGALORE-81 15. A CHANDRA A/A 61 YEARS, 175, SRIMATHA, 24 TH CROSS, 6 TH BLOCK, JAYANAGAR, BANGALORE-82 16. VENKATARAMANAPPA S/O GURAPPA A/A 64 YEARS, # 365, R.H. COLO AUDUGODI,

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-19 18. 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, # 17-18 HEBBAL MAIN RAOD METAGALLI POST, BASAVESWARANAGAR MYSORE 20. B J RANGEGOWDA S/O JAVARE GOWDA A/A 60 YEARS, # 106-31/1, 3 RD MAIN, SAMRAT L/O, ARAKERE BANGALORE-76 21. K V SRINIVASA MURTHY S/O VENKATAPPA A/A 57 YEARS, # 449, 14 TH CROSS, 50 TH MAIN ROAD, GIRINAGAR,

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-50 26. 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-95 28. KEMPANNA S/O HANUMANTARAYAPPA A/A 59 YEARS, # 19/2, 4 TH A CROSS,

31 LALJINAGAR, LAKKASANDRA, BANGALORE-30 29. 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-57 30. 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 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-102 37. 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-102 41. B P SIDDAPPA S/O APPAINA PUTTAPPA A/A 62 YEARS, # 404, IST FLOOR, 9 TH CROSS, BCC L/O,

33 VIJAYANAGAR, BANGALORE-560040 42. 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-10 45. 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-560 050 47. DHARMEGOWDA DEAD BY LRS HIS WIFE LAXMIDEVAMMA, A/A 38 YEARS, # 14/4, 2ND CROSS, S.G.PALYA, DRC POST, BANGALORE-29 48. S RAMACHANDRA DEAD BY HIS LR WIFE GEETHALAKSHMI, A/A 37 YEARS, R/A NO.20, AET COLLEGE,

34 SARJAPURA ROAD, BANGALORE-35 49. K G VENKATESH DEAD BY LR HIS WIFE SAROJAMMA, A/A 50 YEARS, # 20/19TH CROSS, LAXMISRI L/O GARVEBHAVIPALYA HOSUR MAIN ROAD BANGALORE-68 50. 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-560068 52. 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-560084 53. THIMMAIAH DEAD BY LRS HIS WIFE LAXMAMMA, A/A 54 YEARS, # 106, CHIKKALAXMAIAH L/O HOSUR ROAD, BANGALORE-560029 54. C BALAKRISHNA DEAD BY LR HIS WIFE G.ANANDAMMA, A/A 60 YEARS, # 99/1, AUDUGODI, HOSUR ROAD, BANGALORE

35 55. 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-560072 56. 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 61. 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-76 62. SMT MANGAMMA W/O RAMAIAH A/A 61 YEARS, # 15, 4TH CROSS, LAKKASANDRA, DR POST, BANGALORE-29 63. SMT M SAROJAMMA W/O VENKATASWAMAPPA A/A 66 YEARS, # 15/3, IYYAPPA GARDEN, NEAR MICO FACTORY, B.G.ROAD, BANGALORE-30 64. 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 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-50 70. 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-76 71. 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 74. 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-38 76. 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-91 77. 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 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-560021 82. 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 T.R.SHAMANNA NAGAR, BANGALORE-50 87. 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-560 030 90. 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-6 91. 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 93. 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-65 94. 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 4TH FLOOR, VIKASA SOUDHA BANGALORE-1 2. THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION KMF COMPLEX, HOSUR ROAD, BANGALORE-29.... 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.18.7.06 PRODUCED AT ANN-J IS BAD IN LAW, ARBITRARY & ISSUED WITHOUT APPLICATION OF MIND. W.P.Nos.44440-45/2011 & 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 32, 29 TH CR. 7TH BLOCK, JAYANAGAR, BANGALORE-82 4. 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 - 85 6. B.M. PREMNATH AGED ABOUT 60 YEARS, S/O P.G. MAHADEVAIAH, "SARVAMANGALA" NILAYA, 3 RD CROSS, ASHOKNAGAR, TUMKUR 572 103....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 - 1 2. THE MANAGING DIRECTOR KARNATAKA MILK FEDERATION,

44 KMF COMPLEX, HOSUR ROAD, BANGALORE 29... 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.187.06, 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 18.7.2006 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 22.5.2006 and 9.6.2006 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 general circular dated18.09.1976 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 5.4.1986 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 25.2.1984. 4. 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 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 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 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 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 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 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