Karnataka High Court
Smt Dhanalakshmi @ Pushpa vs The Deputy Commissioner on 16 August, 2012
Bench: Chief Justice, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF AUGUST, 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
Writ Appeal No.16807/2011 (SCST)
Between:
Smt.Dhanalakshmi @ Pushpa
W/o Nagaraj,
Aged about 37 years,
R/at: Ward No.18, Hospital Road,
Devanahalli Town,
Bangalore Rural District. ... Appellant
(By Sri.A.Madhusudhana Rao, Advocate)
And:
1. The Deputy Commissioner
Bangalore Rural District,
Bangalore.
2. The Assistant Commissioner
Doddaballapur Sub-Division,
V.V.Tower,
Bangalore - 560 001.
3. Sri.Narayanaswamy
S/o Munihanumappa
Major,
4. Sri.Muniswamy
S/o Munihanumappa
Aged about 49 years,
5. Smt.Munilakshmamma
D/o Munihanumappa
Aged about 47 years,
2
6. Sri.Muniraju
S/o late Munihanumappa
Aged about 45 years,
7. Sri.Chikkamunishamappa
S/o Late Munihanumappa
Aged about 43 years,
8. Smt.Narayanamma
W/o late Nallappa
Aged about 56 years,
The Respondents 3 to 8 are
R/at Kote Beedi, Vinayakanagar,
Gudibande, Chikkaballapur District.
9. Sri.Muniyappa
S/o late Munihanumaiah
Aged about 51 years,
10. Sri.Narayanappa
S/o late Munihanumaiah
Aged about 56 years,
11. Sri.Muniswamy
S/o late Munihanumaiah
Aged about 48 years,
12. Sri.Munikrishna
S/o late Munihanumaiah
Aged about 49 years,
The Respondents 9 to 12 are
Residing at Indiranagar, "A" Block,
Gudibande Taluk,
Chikkaballapur District.
13. The Tahsildar
Devanahalli Taluk,
Devanahalli,
Bangalore Rural District. ... Respondents
(By Sri.B.Veerappa, AGA for R-1, R-2 & R-13,
Sri.M.Shivaprakash, Advocate for R-3, R-4, R-6, R-7, R-8,
3
R-9 and R-12. R-5 and R-11 deemed to be served vide
order dated 15.03.2012, R-10 served)
This Writ Appeal is filed under Section 4 of the
Karnataka High Court Act praying to set aside the order
passed in the Writ Petition No.32756/2010 dated
26.02.2011.
This Writ Appeal coming on for Preliminary Hearing
this day, Chief Justice delivered the following:
JUDGMENT
Vikramajit Sen, CJ (Oral) The matter has been heard at length. By consent of parties, following order is passed:
The impugned order dated 26.02.2011 as well as all the orders passed by Assistant Commissioner and Deputy Commissioner are set aside. Parties herein are directed to appear before the Assistant Commissioner on 28.08.2012 at 11 a.m. The Assistant Commissioner shall thereafter proceed in accordance with law, and after affording concerned parties reasonable opportunity of having been heard, shall pass a reasoned order. The order shall be passed on or before *31.10.2012.
We clarify that Sri.Narayanappa, S/o late Sri.Munihanumaiah and Sri.Muniswamy, S/o late Sri.Munihanumaiah has been set exparte. They are free to * Corrections carried out "as per the order of Hon'ble Court dated 24.08.2012."4
appear before the Assistant Commissioner. Respondents 3 to 12 in these proceedings shall be deemed to be parties before the Assistant Commissioner.
In setting aside the orders we must not be understood to have expressed views on the merits of the case. These orders shall apply only in respect of W.P.No.32756/2010.
In view of **Disposal of Writ Appeal, pending application do not survive for consideration and accordingly disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SBN ** Corrections carried out "as per the order of Hon'ble Court dated 24.08.2012."