Sri.Suresh D H vs The Assistant Commissioner on 18 October, 2022

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Karnataka High Court

Sri.Suresh D H vs The Assistant Commissioner on 18 October, 2022

Bench: Krishna S.Dixit

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 18TH DAY OF OCTOBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.18050 OF 2022 (LR)

BETWEEN:
SRI. SURESH D.H.
S/O LATE HANUMANTHAIAH
AGED ABOUT 61 YEARS
OCCUPATION: AGRICULTURIST
R/A NO.5075/18, 4TH CROSS
NEAR T.B.BUS STOP, SUBHASANAGAR
NELAMANGALA TOWN, NELAMANGALA
BENGALURU RURAL DISTRICT - 562 123.
                                               ...PETITIONER
(BY SRI. RAMESHA K.R., ADVOCATE)

AND:

1.     THE ASSISTANT COMMISSIONER
       DODDABALLAPURA SUB-DIVISION
       DODDABALLAPURA
       BENGALURU RURAL DISTRICT - 561 203.

2.     TAHASILDAR
       NELAMANGALA TALUK
       NELAMANGALA
       BENGALURU RURAL DISTRICT - 562 123.
                                             ...RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE
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THE    ORDER   DTD    28.03.2011  IN   CASE   NO.LRF.SR
(NE).149/2007-08 PASSED BY THE R-1 VIDE ANNX-A; DIRECT
THE R-1 AND R-2 TO DROP THE PROCEEDINGS INITIATED AS
AGAINST THE PETITIONER ALLEGING THE VIOLATION OF
PROVISIONS OF SECTION 79A, 79B AND 80 OF THE KARNATAKA
LAND REFORMS ACT AND ETC.,

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                               ORDER

The subject matter of this writ petition is substantially similar to the one in W.P.No.4825/2021 (LR) cw W.P.No.3727/2021(LR) between SRI. MANJUNATHA E vs. THE ASSISTANT COMMISSIONER & ANOTHER disposed off by this Court vide judgment dated 27.07.2021, wherein reprieve has been granted in terms of penultimate paragraph therein.

2. The Division Bench decision of this court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY, disposed off on 11.12.1974, has held that like cases should be treated alike and if relief is granted to a 3 litigant, it cannot be denied to other similarly circumstanced litigants, subject to all just exceptions.

In view of the above, this petition is allowed; impugned order is set at naught; relief granted to the litigant in the cognate writ petition is extended to the petitioner herein as well.

No costs.

Sd/-

JUDGE DS

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