IN THE HIGH COURT OF KARNATKA AT BANGALORE
W.P. No. 35 83 7 OF 1994 [ CS ]
[ Public Interest Litigation ]
I .A .No. II

Between:- In Main In this I. A.

[1] SUBRAMANI. M. & Seven Others
S/o. Muniswamappa

Aged about 41 years, Contractor,
No. 30, Radharan cil Mill Road,
Saitapalya, St. Thomas Town Post,
BANGALORE - 560 084.

[2] THIMMASETTAPPA @ CHIKKANNA
S/o. Narayanappa
Aged about 52 Years, contractor ,
Hennur ,
BANGALORE - 560 084 .

[3] NANJAPPA. M.
S/o. Malayappa
Aged about 70 Years, K. Narayanapurs ,
Kothnur Post ,
BANGALORE - 560 077.

[4] MUNIYAPPA D.
S/o. Dyavanna
Aged about 55 Years, Hennur ,
BANGALORE - 560 084.

[5] PURUSHOTHAMA . M.
S/o. Muniyappa
Aged about 30 years, Advocate, Hennur ,
BANGALORE - 560 084.

[6] SUJENDRA . S.
S/o. Sonnappa
Aged about 34 Years,
No. 30, Sonnappa Compound ,
Oil Mill Road, Saitpalya,
BANGALORE - 650 084.

[7] VARGHESE P. D.
S/o . Late David,
Aged about 58 Years,
Businessman , 1237 , Keshavnagar,
BANAGALORE - 560 084 .

[8] ABDUL SATTAR
S/o. Abdul Ameez
Aged about 56 Years, Businessman,
No. 582, Mazidi Road Cross, Yelahanka,

BANGALORE - 560 064 . ] . PETITIONERS.

-AND-

[1] The Union of India by its Secretary ;
Department of Parliamentary Affairs,
Government of India, NEW DELHI.

[2] The State of Karnataka ; By its Secretary for Revenue
Government of Karnataka , Vidhana Soudha,
BANGALORE - 560 001.

[3] The Deputy Commissioner,
Bangalore Urban District
Krishi Bhavan, BANGALORE .

[4] The Special Land Acquisition Officer,
Visveswaraiah TowerPodium Block,
Dr. Ambedkar Veedhi BANGALORE - 560 001.

[5] KARNATAKA JUDICIAL DEPARTMENT
EMPLOYEES' HOUSE BUILDING CO-OPERATIVE SOCIETY LTD.,
By its Secretary ; High Court Buildings, BANGALORE - 560 -001.

[6] Hon'ble High Court of Karnataka by Registrar,
High Court Building, BANGALORE - 560 001.

[7] The Registrar of Co-operative Societies,
Infantry Road, BANGALORE - 560 001.

[8] BANGALORE DEVELOPMENT AUTHORITY
By its Commissioner T. Chowdaiah Road.
BANGALORE - 560 020.

[ 9 ] The Hon'ble Acting
Chief Justice S. A. Hakeem
High Court Building
Bangalore - 560 001.

[10] The Hon'ble Mr. Justice
K. B. Navadgi
High Court Building
Bangalore - 560 001

[11] The Hon'ble Mr. Justice
S. Rajendra Babu.
High Court Building
Bangalore - 560 001

[12] The Hon'ble Mr. Justice
P. Krishnamurthy
High Court Building
Bangalore - 560 001

[13] The Hon'ble Mr. Justice
J. Eshwar Prasad
High Court Building
Bangalore - 560 001

[14] The Hon'ble Mr. Justice
G. P. Shivaprakash
High Court Building
Bangalore - 560 001

[15] The Hon'ble Mr. Justice
M. M. Midha
High Court Building
Bangalore - 560 001

[16] The Hon'ble Mr. Justice R. Ramakrishna
High Court Building
Bangalore - 560 001

[17] The Hon'ble Mr. Justice G.C. Bharuka
High Court Building
Bangalore - 560 001

[18] The Hon'ble Mr. Justice A. B. Murgod
High Court Building
Bangalore - 560 001

[19] The Hon'ble Mr. Justice L. Sreenivas Reddy
High Court Building
Bangalore - 560 001

[20] The Hon'ble Mr. Justice H. N. Tilahari
High Court Building

Bangalore - 560 001

[21] The Hon'ble Mr. Justice A.J. Sadashiva
High Court Building
Bangalore - 560 001

[22] The Hon'ble Mr. Justice K.H.N. Kuranga
High Court Building
Bangalore - 560 001

[23] The Hon'ble Mr. Justice R. V. Raveendran
High Court Building
Bangalore - 560 001

[24] The Hon'ble Mr. Justice S. Venkataraman
High Court Building
Bangalore - 560 001

[25] The Hon'ble Mr. Justice V.P. Mohan Kumar
High Court Building
Bangalore - 560 001

[26] The Hon'ble Mr. Justice Kumar Rajarathnam
High Court Building
Bangalore - 560 001

[27] The Hon'ble Mr. Justice T. S. Thakur
High Court Building
Bangalore - 560 001

[28] The Hon'ble Mr. Justice M. B. Vishwanath
High Court Building
Bangalore - 560 001

[29] The Hon'ble Mr. Justice A.N. Aswathanarayana Rao
High Court Building
Bangalore - 560 001

[30] The Hon'ble Mr. Justice
A. Padmaraj
High Court Building
Bangalore - 560 001

[31] The Hon'ble Mr. Justice H. N. Narayan
High Court Building
Bangalore - 560 001 RESPONDENTS.

Proposed
Respondents No. 9 to 31. . Opponents

MEMORANDUM OF INTERLOCUTORY APPLICATION UNDER
ORDER 1 RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE

[1] The address of the petitioners for purpose of service of notice., etc., is that of their Counsel Sri T. Venkanna,
Sr. T. Venugopal & Smt. T.V. Lakshmi, Advocates, 381, III Block, 57th Cross, Rajajinagar, Bangalore 560 000.

[2] The addresses of the Respondents and proposed Respondents - Opponents for the said purpose are as stated in the Cause Title above.

[3] The above Writ Petition was posted for preliminary Hearing again on 21-04-1995, at 10.30 a.m. for Preliminary hearing and Inerim Orders before the Special Division Bench composed of the Hon'ble Mr. Justice Bhaktavatsalam and the Hon'ble Mr. Justice Thirath S. Thakur. On the day also the matter was not taken up for hearing by the Bench the reason being the disablement of the Hon'ble Mr. Justice Thirath S. Thakur. However, Their Lordships were pleased to reserve the liberty to the petitioners to move the Hon'ble Acting Chief Justice during vacation for constitution of an appropriate bench after pointing out that the only other Judge who is competent to sit on the Division Bench being the Hon'ble. Justice Saldhana who had already left the country by that time.

[4] The Summer Vacation for this Hon'ble Court started on 24-04-1995. On 26-04-1995, the petitioners filed a Memo with prayers for constitution of an appropriate Division Bench or for appointing the Hon'ble Mr. Justice Bhaktavatsalam as a Judge to hear the aforesaid writ petition and for Interim orders andpost the matter on 28-04-1995 with another Memo requesting the concerned staff, Assistant Registrars and Registrars to place forthwith the papers and the Memo before the Hon'ble Acting Chief Justice wherever His lordship may be and obtain appropriate orders .

[5] After filing the aforesaid Memo on 26-04-1995, the counsel for the Petitioners [ Sri T. Venugopal ] met the concerned Registrar [ Judicial ], and apprised him of the filing of the said Memo. The registrar informed the Counsel that the papers would be placed before the Hon'ble Acting Chief Justice on 27-04-1995 to obtain appropriate orders on the aforesaid Memo and also asked the Counsel to contact him on 27-04-1995. Accordingly, on 27-04-1995, the Counsel for the petitioners met the concerned Registrar and enquired. He was told that the papers were placed before the Hon'ble Acting Chief Justice and his Lordship was pleased to instruct him to get the details of the Judges who are and who are not members of the Karnataka State Judicial Department Employees' House Build Co-operative Society Ltd., from the society itself [ Respondent No. 5 herein ] and that once the details are received the Hon'ble Acting Chief Justice would pass appropriate orders for constitution of appropriate Division Bench and post the matter for preliminary Hearing when asked about the probable date, it was informed that if the details are received from the society, the same would be placed before the Hon'ble Acting Chief Justice and the matter may be posted by 04-05-1995.

[6] Since the matter was not posted for preliminary Hearing on 04-05-1995 to enquire about the same. Though the said Registrar was very much in the office, the counsel was told by him that he was not aware of the stage since he is on vacation. The counsel was asked to contact Sri. Shivalingaiah, Registrar [ Administration ] as he is in charge in his place. Incidentally, it may be submitted that the very said Registrar [ Administration ] had played the role of the president of the society, which is a party to this writ petition

[7] Accordingly, when the counsel equired the Registrar [ Administration], he told after enquiring Sri. Muniyappa, assistant Registrar over phone, that Sri Muniyappa had been instructed to collect the information regarding the Membership of the Judges from the society and immediately on receipt of the information, the file would be placed before the Hon'ble Acting Chief Justice for orders. The counsel was asked to contact on 22-05-1995. Accordingly, when the counsel contacted and enquired about the same on 22-05-1995, he was told by the Registrar [ Administration ] in the presence of the Registrar [ Judicial ] who was supposed to be on leave, that Sri. Muniyappa would be collecting the required information from the society and thereafter the file would be placed before the Hon'ble Acting Chief Justice on that day. Hence he should contact on 23-05-1995.

[8] On 23-05-1995, when the Counsel met the Registrar [ Administration ], he was told that the file could not be placed before the Hon'ble Chief Justice the previous day as His Lordship was fully busy with some other matter and the file would be placed before the Hon'ble Acting Chief Justice "today" and obtain appropriate orders. When enquired as to whether the information from the society had been obtained by Sri. Muniyappa, the answer was in the affirmative.

[9] As the Division Bench was not constituted still, the Counsel for the petitioners again contacted the Registrar [ Judicial ]on 25-05-1995 and enquired about the same. He was told that as per the orders of the Hon'ble Acting Chief Justice, the Registrar had issued a letter to the Secretary, Karnataka State Judicial Department Employees' House Building Co-operative society Ltd., calling upon him to furnish details as to who are all Members of the said society among the sitting Judges of this Hon'ble Court . The said letter was issued on 27-04-1995. Since the society had not replied another similar letter was issued on 08-05-1995. The counsel for the petitioners was also told that the society replied by its letter dated 24-05-1995 and had furnished the required details regarding the Membership of the learned judges. After placing the papers before the Hon'ble Acting Chief Justice, orders were passed on 25-05-1995 for constitution of a Division Bench composed of the Hon'ble Mr. Justice Bhakthavatsalam and the Hon'ble Mr. Justice Saldhana. The Counsel for the petitioners was told that the Division Bench was likely to be constituted on 12-06-1995 if the Hon'ble Mr. Justice Bhakthavatsalam does not further extend his leave.

[10] On 12-06-1995, the appropriate Bench was not constituted as told by the Registrar [ Judicial ]. On 13-06-1995, when enquired, the Assistant Registrar, Board Branch told the petitioner's Counsel that the Hon'ble Mr. Justice Bhakthavatsalam had extended his leave upto 24-06-1995 and would resume his duties and that the appropriate Bench would be constituted on 26-06-1995. On 22-0601995, the Counsel for the petitioners received cause Title posting the above Writ Petition for preliminary Hearing on 26-06-1995 before the Division Bench composed of the Hon'ble Mr. Justice Saldhana.

[11] According to the details furnished by the society in its letter, the counsel was told that except the Hon'ble Mr. Justice Bhakthavatsalam and the Hon'ble Mr. Justice Saldhana, all the other sitting Judges of this Hon'ble court are the Members of the said society. It is only then that the petitioners learnt concretely & for sure as to who are the Members among the learned Judges of this Hon'ble Court. Though Petitioner No. 7 had requested the society by Annexure 'J' dated 28-11-1994 to furnish details, the society is maintaining top secrecy and stark silence without even responding to the said Representation.

[12] In view of the fact that these members occupy very high and responsible position as a measure of delicacy and decorum, and in order to avoid personal embarrassment in the discharge of their judicial duties and functions, the petitioners had not arrayed them as Respondents to this Writ Petition at the time of filing of this writ petition. Further the petitioners were not sure as to who are the Members and who are not the members of the society among the sitting Judges of this Hon'ble Court. However, in para 2 of the writ petition it is stated that the petitioners would impaled the said Hon'ble Judges as Respondents if they are directed to do so in future.

[13] By way of abundant caution, in order to avoid all technical hurdles and in order to conform with the formalities in law, with a reluctant and heavy mind, the petitioners are seeking the leave of this Hon'ble Court to implead the sitting Judges of this Hon'ble court who are Members of the society as Respondents.

[14] WHEREFORE, it is prayed that the Hon'ble court may be pleased in the interests of justice to permit the petitioners above named to implead opponent Nos. 9 to 31 as proposed Respondent Nos. 9 to 31 in the above matter.

BANGALORE , DATE:- 24-06-1995 ADVOCATE FOR THE PEITITIONERS.                                                            Top