Karnataka High Court
Purva Paradise vs Union Of India on 2 November, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
WP No. 20943 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20943 OF 2022 (GM-PP)
BETWEEN:
1. PURVA PARADISE
NO.314/07, 7TH CROSS,
3RD MAIN ROAD,
DOMLUR LAYOUT,
BANGALORE-560071
REPRESENTED BY ITS AUTHORIZED
REPRESENTATIVE, PRESIDENT
SRI MAHESH SRIVASTAVA,
AGED ABOUT 42 YEARS,
R/AT NO.A002,
PURVA PARADISE,
NO.314/07,
7TH CROSS,
3RD MAIN ROAD,
DOMLUR ROAD,
BANGALORE-560071
Digitally signed by
PADMAVATHI B K
Location: HIGH
COURT OF
KARNATAKA ...PETITIONER
(BY SRI. SHARATH N., ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF DEFENCE,
ROOM NO.234,
-2-
WP No. 20943 of 2022
SOUTH BLOCK,
DELHI-110011
2. ASC CENTRE AND COLLEGE
AGRAM POST,
BENGALURU-560007
REP BY ITS COMMANDANT
3. ESTATE OFFICER
HEADQUARTERS KARNATAKA AND
KERALA SUB AREA,
CUBBON ROAD,
BENGALURU-560001
...RESPONDENTS
(BY SRI. JAGANNATH V.C., ADVOCATE FOR CAVEATOR/R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE IMPUGNED ORDER DTD 22.09.2022 AT ANNEXURE-
A IN CASE NO.7224/E/ASC(SVY NO.74/1A) Q3-21 PENDING
BEFORE THE ESTATE OFFICER, AT BANGALORE AND THEREBY
PERMIT THE PETITIONER TO CROSS - EXAMINE PW1 IN THE
ABOVE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
WP No. 20943 of 2022
ORDER
Heard Sri. Sharath N., learned counsel appearing for the petitioner and Dr.V.C. Jagannath, learned counsel appearing for respondent No.2/caveator.
2. The petitioner is before this Court calling in question an order passed by the Estate Officer under the Public Premises Act, 1979 denying cross-examination to the petitioner herein.
3. Learned counsel appearing for the petitioner would submit that in an identical circumstances in W.P.No.13930/2021 dated 06.08.2021, the Co-ordinate Bench of this Court has passed the following order:
"Petitioner's grievance is, he was not granted enough opportunity to examine P.W.1 by respondent.
2. Shri. S. Rajashekar, learned CGC for respondent submitted that the matter is of the year 2015 and petitioner has been repeatedly seeking adjournments before the Court below. Accordingly, he prayed for dismissal of this petition.
3. Proceedings have been initiated against the petitioner under the Public Premises (Eviction of unauthorized Occupants) Act, 1971. Examination-in-Chief of P.W.1 has been completed on 12.03.2019. The next date of hearing is on 10.08.2021. In the facts and circumstances of the case, this Court is of the opinion that one opportunity may be granted to the petitioner to cross-examine P.W.1, by putting him on terms, because -4- WP No. 20943 of 2022 his right of occupation in the premises would be affected without cross-examination of P.W.1.
4. Hence, the following:
ORDER
(a) Petition is disposed of reserving liberty to the petitioner to cross-examine P.W.1 on any one day, either on 10.08.2021 or on such date permitted by the Presiding Officer, on payment of cost of Rs.3,000/-
(Rupees Three Thousand) to "Karnataka Advocates' Clerks Benevolent Trust", A/c No.237010003206, Kotak Mahindra Bank, High Court Branch, within one week.
(b) The Presiding Officer shall dispose of the case as expeditiously as possible.
(c) Petitioner shall be permitted to cross- examine without insisting for the certified copy of this order. Shri. Rajashekar, learned CGC is requested to convey the order to the Presiding Officer.
Petition is accordingly disposed of."
4. Learned counsel appearing for respondent No.2/caveator would not dispute the order passed by the Co-ordinate Bench of this Court.
5. In the light of the identical issue, under the very enactment being considered by this Court, qua the permission of cross-examination of the Prosecution Witness-1, I deem it appropriate to follow the same and pass the very order as is rendered by the Co-ordinate Bench of this court (supra). -5- WP No. 20943 of 2022
6. The Presiding Officer shall permit the petitioner to cross-examine Prosecution Witness-1 on the ensuing date of the proceeding before him.
7. Both the learned counsel appearing for the petitioner and respondent No.2/caveator would submit that the ensuing date is 03.11.2022.
8. Therefore, the Presiding Officer shall permit cross- examination of Prosecution Witness-1 on 03.11.2022. The cross-examination shall be concluded by the petitioner on the very day i.e., 03.11.2022.
With the aforesaid observations, the petition stands disposed.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 22