Sri Somashekhar vs The State Of Karnataka on 23 November, 2022

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Karnataka High Court

Sri Somashekhar vs The State Of Karnataka on 23 November, 2022

Bench: Krishna S.Dixit

                             1




       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 23RD DAY OF NOVEMBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.22981 OF 2022 (LR)

BETWEEN:
SRI SOMASHEKHAR
S/O LATE ANJINAPPA,
AGED ABOUT 75 YEARS
RESIDING AT NO. 175, 'MARUTHI NILAYA',
Ist BLOCK, ARABIC COLLEGE POST,
THANISANDRA, BANGALORE - 560 045.
REPRESENTED HIS GPA HOLDER,
SRI. MUNIKRISHNA
S/O LATE THAMMANNA
                                             ...PETITIONER
(BY SRI. M. SREENIVASA, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       REVENUE DEPARTMENT
       M.S. BUILDING,
       VIDHANASOUDHA,
       DR. B.R AMBEDKAR VEEDHI,
       BANGALORE - 560 001.

2.     THE ASSISTANT COMMISSIONER
       DODDABALLAPURA SUB-DIVISION,
       DODDABALLAPURA
       BANGALORE RURAL DISTRICT - 561 205.
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3.   THE TAHASILDHAR
     DEVANAHALLI TALUK
     BANGALORE RURAL DISTRICT - 562 110.
                                               ...RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS FROM THE R2 WHICH ULTIMATELY
RESULTED IN PASSING THE ORDER DTD 6.7.2015 MADE IN
CASE    NO.LRF.SR(DE0   276/2009-10,   ALLOWING    THE
PROCEEDINGS INITIATED U/S 79B OF THE KARNATAKA LAND
REFORMS ACT, VESTING THE LAND BEARING SY.NO.28/2
MEASURING 1 ACRE 04 GUNTAS OF KONGINABELE VILLAGE,
CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, WITH THE
GOVERNMENT; QUASH THE ORDER ANNEXURE-A DTD 6.7.2015
MADE IN CASE NO.LRF.SR(DE0.276/2009-10 IN RESPECT OF
THE LAND BEARING SY.NO.28/2 MEASURING 1 ACRE 04
GUNTAS OF KONAGINABELE VILLAGE, CHANNARAYAPATTANA
HOBLI, DEVANAHALLI TALUK, WITH THE GOVT; AND ETC.,

     THIS WRIT PETITION COMING ON FOR ORDERS 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 3 reprieve has been granted in terms of ultimate 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 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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