Supreme Court - Daily Orders
The Belgaum Urban Development ... vs Ramachandra Gundu Patil (Dead) By Lrs on 19 November, 2024
Author: Sanjay Karol
Bench: Sanjay Karol
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(Arising out of SLP(C) No. /2024)
(Dy. No. 38454/2017)
THE BELGAUM URBAN DEVELOPMENT AUTHORITY Appellant
VERSUS
RAMACHANDRA GUNDU PATIL (DEAD) BY LRS. & ORS. Respondents
O R D E R
Permission to file Special Leave Petition is granted.
2. Delay condoned.
3. Leave granted.
4. The appellant, namely, Belgaum Urban Development Authority, lays challenge to the order dated 7.11.2012 passed by the Division Bench of the High Court of Karnataka in Writ Appeal No. 30661/2012 wherein the order dated 2.11.2011 passed by the learned Single Judge of the same High Court in CWP No. 63674/2011 was assailed.
5. It is a matter of record that the instant appellant was not a party in the proceedings subject matter of the instant appeal either before the learned Single Judge or the Division Bench. The instant appellant lays challenge to the order, Signature Not Verified Digitally signed by Dr. Naveen Rawal Date: 2024.11.21 inter alia, on the ground that the writ petitioner before the 16:54:02 IST Reason: learned Single Judge ought to have impleaded the instant 2 appellant as a respondent-party, more so, in view of the earlier round of litigation between the original owner and the State wherein the instant appellant was also a party (Writ Petition No. 11751/1993 titled “Ramachandra Gundu Patil vs. Belgaum Urban Development Authority & Others”).
6. Having heard learned senior counsel for the parties, we are inclined to allow the instant appeal with the following observations:-
i. We set aside the impugned order dated 7.11.2012 passed in Writ Appeal No. 30661/2012.
ii. The instant appellant, namely, Belgaum Urban Development Authority, and the instant Respondent No. 1, namely, Ramachandra Gundu Patil (Dead) by LRs shall be impleaded as parties in the said appeal. The instant appellant shall be impleaded as the appellant and the legal representatives of the instant respondent no.1 shall be impleaded as party respondent.
iii. The delay of 167 days in filing the original appeal filed by the original appellants shall stand condoned. iv. The Writ Appeal shall stand restored on the board of the Court.
v. Liberty is reserved to all the parties to raise all contentions in the said writ appeal. Also all parties shall be at liberty to supplement their pleadings and place 3 additional documents in support of their contentions.
7. We request the High Court to decide the Writ Appeal on its own merits at the earliest, preferably within a period of six months.
8. The appeal is allowed, as above.
9. Pending application(s), if any, stands disposed of.
.................J. (SANJAY KAROL) .................J. (SANDEEP MEHTA) NEW DELHI;
NOVEMBER 19, 2024
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ITEM NO.25 COURT NO.9 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 38454/2017 [Arising out of impugned final judgment and order dated 07-11-2012 in WA No. 30661/2012 passed by the High Court of Karnataka Circuit Bench at Dharwad] THE BELGAUM URBAN DEVELOPMENT AUTHORITY Petitioner(s) VERSUS RAMACHANDRA GUNDU PATIL (DEAD) BY LRS. & ORS. Respondent(s) IA No. 129049/2017 - CONDONATION OF DELAY IN FILING IA No. 6955/2020 - EXEMPTION FROM FILING O.T. IA No. 129050/2017 - EXEMPTION FROM FILING O.T. IA No. 129048/2017 - PERMISSION TO FILE PETITION (SLP/TP/WP/..) Date : 19-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. S N Bhat, Sr. Adv.
Mr. M A Hulyal, Adv.
Mr. Tarun Kumar Thakur, Adv.
Mr. Vivek Ram R, Adv.
Mr. Abhay Choudhary M, Adv.
Ms. Anuradha Mutatkar, AOR For Respondent(s) Mr. V. N. Raghupathy, AOR Mr. Vishwanath P. Allannavar, Adv. Ms. Mythili S, Adv.
Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Anirudh Sanganeria, AOR Mr. Samarth Kashyap, Adv.
UPON hearing the counsel the Court made the following O R D E R Permission to file Special Leave Petition is granted. Delay condoned.
Leave granted.
The appeal is allowed in terms of the signed order, placed on the file. Pending application(s), if any, stands disposed of.
(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)
DY. REGISTRAR COURT MASTER (NSH)
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