Karnataka High Court
Sri A Krishna vs The City Muncipal Council on 19 April, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
CIVIL REVISION PETITION NO.376 OF 2016
C/W
CIVIL REVISION PETITION NOs.
377/2016, 378/2016, 379/2016, 380/2016,
381/2016, 382/2016, 383/2016, 384/2016,
385/2016, 386/2016, 387/2016, 388/2016,
389/2016, 390/2016, 391/2016, 392/2016,
393/2016, 394/2016, 395/2016, 396/2016,
397/2016, 398/2016, 399/2016, 400/2016,
401/2016, 402/2016, 403/2016, 404/2016,
405/2016, 406/2016, 407/2016
BETWEEN:
SRI. A. KRISHNA
S/O LATE M. ANGAPPA SHETTY
AGED ABOUT 55 YEARS
RESIDED AT 8/94
BALEPET
KOLLEGALA TOWN - 571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 376/2016)
SRI. A. KRISHNA
S/O LATE ANGAPPA SHETTY
AGED ABOUT 55 YEARS
RESIDED AT 8/94
2
BALEPET
KOLLEGALA TOWN - 571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 377/2016)
SRI. IRFAN PASHA
S/O LATE AMEER PASHA
AGED ABOUT 40 YEARS
RESIDED AT #7/202
AHMEDPUR STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 378/2016)
SRI. V. RAJARAM
S/O K. VENKATACHALAPATHY SHETTY
AGED ABOUT 44 YEARS
RESIDED AT BASAVESHWARA NAGAR
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 379/2016)
SRI.B.Y. SRINIVAS
S/O LATE B.S. YEMAIAH
AGED ABOUT 60 YEARS
RESIDED AT # 10/16B
DEVANGA STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 380/2016)
SRI. R. VASANTHARAJU
S/O S. RAMASUBBA SHETTY
AGED ABOUT 48 YEARS
3
RESIDED AT 4/143
KAVERI ROAD
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 381/2016)
SRI. NAGARAJ G
S/O GANGADHARAIAH
AGED ABOUT 70 YEARS
RESIDED AT #15/A 485
BASAVESHWARA NAGARA
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 382/2016)
SRI. E.C. RAJENDRAN
S/O E.V. CHOKKALINGA SHETTY
AGED ABOUT 52 YEARS
RESIDED AT MUDALIAR STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 383/2016)
SRI. R. NANJUNDASWAMY
S/O LATE ALAHALLI RAMASHETTY
AGED ABOUT 45 YEARS
RESIDED AT DODDA PARIVARA BEEDI
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 384/2016)
SRI. S. SHASHIKANTH
S/O B. SHIVAPPA
AGED ABOUT 45 YEARS
4
RESIDED AT MAHADESHWARA COLLEGE ROAD
NEAR MARADIGUDDA
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 385/2016)
SRI. M. MAHENDRA
S/O LATE M. MALLANNA
AGED ABOUT 28 YEARS
RESIDED AT 7C/240
MANJUNATHA NAGARA
NEAR KSRTC DEPOT
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 386/2016)
SRI. M. RAMESH
S/O MURTHY NAYAK
AGED ABOUT 45 YEARS
RESIDED AT MUDIGUNDAM
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 387/2016)
SRI. K. KUMARESHAN
S/O LATE KADIRIVEL
AGED ABOUT 45 YEARS
RESIDED AT KURUBA STREET
NEAR SHANI MAHATMA TEMPLE
BASTIPURA MAIN ROAD
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 388/2016)
5
A. ABDUL KHADHAR
S/O M.N. ABDUL RIYAZ
AGED ABOUT 34 YEARS
RESIDED AT #68
NEAR NOOR MOHALLA
KEMPANAPALYA MAIN ROAD
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 389/2016)
SRI. S. RACHAIAH
S/O LATE SADDE SIDDAIAH
AGED ABOUT 55 YEARS
RESIDED AT HOSAHANAGALLI
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 390/2016)
DR. N. PRASHANTH
S/O G.N. NAGARAJU
AGED ABOUT 35 YEARS
RESIDED AT DEVANGAPET STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 391/2016)
SRI. L. SRINIVASAIAH
S/O G.K LAKSHMI NARASIMHAIAH
AGED ABOUT 55 YEARS
RESIDED AT # 7/282
S.T. STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 392/2016)
6
SRI. DR. M.S. NAGENDRA
S/O LATE M. SUBBAIAH
AGED ABOUT 56 YEARS
RESIDED AT 9/267, S.T. STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 393/2016)
SRI.E.C. RAJENDRAN
S/O E.V. CHOKKALINGA SHETTY
AGED ABOUT 52 YEARS
RESIDED AT MUDALIAR STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 394/2016)
SRI. JAHID AHAMED
S/O GULAM AHAMAD
AGED ABOUT 50 YEARS
RESIDED AT #
2ND KURUBAN BEEDI
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 395/2016)
SRI. K.M. USMAN
S/O MOHAMMEED KOAHOJI
AGED ABOUT 60 YEARS
RESIDED AT 557/A
PARVATHI NILAYA
ADARSHA NAGARA
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 396/2016)
7
SRI. DR. K. JAVEED NAYEEM
S/O LATE K.A. KHADHIR
AGED ABOUT 60 YEARS
RESIDED AT # 4533 RADIO PARK
N.R. MOHALLA
MYSORE
... PETITIONER
(IN CRP NO. 397/2016)
SRI. N.V MURALIKRISHNA
S/O N.K. VISHWANATHASHETTY
AGED ABOUT 45 YEARS
PRESENTLY RESIDED AT 7TH CROSS
BASAVESHWARANAGAR
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 398/2016)
SRI. DR. K. JAVEED NAYEEM
S/O LATE K.A. KHADIR
AGED ABOUT 60 YEARS
RESIDED AT # 4533 RADIO PARK
N.R. MOHALLA
MYSORE
... PETITIONER
(IN CRP NO. 399/2016)
SRI. ABDUL WAHID
S/O ABDUL AZEEZ
AGED ABOUT 56 YEARS
RESIDED AT POST OFFICE ROAD
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 400/2016)
8
SRI. ISHAQ BAIG A
S/O MOHAMMED ALI BAIG
AGED ABOUT 45 YEARS
RESIDED 7/1278
ASHRAYA BHADAVANE
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 401/2016)
SRI. B. CHETHAN
S/O M.N. BALASUBRAMANYAM
AGED ABOUT 32 YEARS
RESIDED AT 8TH CROSS
BASAVESHWARANAGAR
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 402/2016)
SRI. B.S. BABU
S/O K. SRINIVASAIAH
AGED ABOUT 47 YEARS
RESIDED AT DEVANGAPET STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 403/2016)
SRI. B. CHETHAN
S/O M.N. BALASUBRAMANYAM
AGED ABOUT 32 YEARS
RESIDED AT 8TH CROSS
BASAVESHWARANAGAR
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 404/2016)
9
SRI. S. SHASHIKANTH
S/O B. SHIVAPPA
AGED ABOUT 45 YEARS
RESIDED AT MAHADESHWARA COLLEGE ROAD
NEAR MARADIGUDDA
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 405/2016)
SRI. DR. M.S. NAGENDRA
S/O LATE M. SUBBAIAH
AGED ABOUT 56 YEARS
RESIDED AT 9/267, S.T. STREET
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 406/2016)
SRI. M. JAGADISH
S/O H.N MANIKAM
AGED ABOUT 48 YEARS
RESIDED AT 7/216-B
SCKM ROAD
KOLLEGALA TOWN-571440
CHAMARAJANAGAR DISTRICT
... PETITIONER
(IN CRP NO. 407/2016)
(BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL
FOR SRI. S. AMRUTH CHOWDHARY, ADV. FOR
ALL PETITIONERS)
AND:
1. THE CITY MUNCIPAL COUNCIL
KOLLEGAL - 571440
CHAMARAJNAGAR DISTRICT
10
REPRESENTED BY ITS COMMISSIONER
2. THE ESTATE OFFICER
THE CITY MUNICPAL COUNCIL
KOLLEGAL - 571440
CHAMARAJNAGAR DISTRICT
... RESPONDENTS
(COMMON IN ALL PETITIONS)
(BY SRI. C.M. JAGADEESH, ADV. FOR R1 AND R2)
IN CRP NO. 376/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 19/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 377/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 12/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 378/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 18/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
11
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 379/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 6/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 380/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 20/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 381/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 16/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 382/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 17/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
12
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 383/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 14/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 384/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 3/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 385/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 25/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 386/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
13
30.08.2016 PASSED IN MA NO. 09/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 387/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 29/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 388/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 27/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 389/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 10/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
14
IN CRP NO. 390/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 22/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 391/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 28/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 392/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 7/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 393/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 13/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
15
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 394/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 11/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 395/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 26/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 396/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 4/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 397/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 32/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
16
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 398/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 24/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 399/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 31/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 400/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 30/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 401/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
17
30.08.2016 PASSED IN MA NO. 33/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 402/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 2/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 403/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 08/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 404/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 15/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
18
IN CRP NO. 405/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 23/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 406/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 05/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
IN CRP NO. 407/2016
THIS CIVIL REVISION PETITION IS FILED UNDER
SEC. 115 OF CPC., AGAINST THE ORDER DATED
30.08.2016 PASSED IN MA NO. 21/2016 ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGARA, SITTING AT KOLLEGALA,
DISMISSING THE MISCELLANEOUS APPEAL AND
CONFIRMING THE EVICTION ORDER PASSED BY THE R-2
(ESTATE OFFICER).
THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
19
COMMON ORDER
All these petitions are directed against the orders passed by the learned Additional District Judge, Chamarajanagara, sitting at Kollegala. The appeals filed by the petitioners, under Section 10 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (for short 'Act') was dismissed and the eviction orders passed by the Estate Officer, City Municipal Council, Kollegala was confirmed.
2. Sri.C.M.Jagadeesh, learned advocate filed common statement of objections and raised preliminary objection to the maintainability of Civil Revision Petitions, under Section 115 of the Code of Civil Procedure. In support of the submission, reliance was placed on the decisions in the cases of (i) State of Mysore Vs. P.Shankaranarayana Rao, (1975) 2 Kant 20 LJ 280; (ii) Sri.Sathyanarayana & Others Vs. The City Municipal & Another, KCCR 1999 (1) SN 43.
3. In both the aforesaid decisions, it has been held that the revision petition as against the order passed in exercise of the power under Section 10 of the Act, by the District Judge, who is constituted as an Appellate Officer, is not maintainable. It has been held that the District Judge acts only as a 'Persona Designata' and not as Court.
4. In the case of the Indian Bank Vs. M/s. Blaze and Central (P) Ltd., 1986(1) KLJ 260, Division Bench has held that, if the occupant of a public premises is aggrieved by the appellate order, he can seek judicial review of that order, under Article 226 or Article 227 of the Constitution of India.
5. From a reading of Section 10 of the Act, it is clear that the Appellate Officer, who in the present 21 cases is a Additional District Judge, is not Court, against whose order, revision petition cannot be maintained. Section 115 of CPC can be applied only when the impugned order under challenge was passed by a sub-ordinate Court. The Appellate Officer under the Act cannot be regarded as Court and can be regarded as "Persona Designata".
6. In view of the above, the preliminary objections raised by Sri.C.M.Jagadeesh is required to be upheld.
7. At this stage, Sri. Jayakumar S.Patil, learned Senior Counsel submitted that these petitions be permitted to be converted into writ petitions under Articles 226 and / or 227 of the Constitution of India and the interim order made operational till the date writ petitions are taken up for consideration. 22
8. I find justification in the submission made by Sri.Jayakumar S. Patil. As there is a bonafide mistake in filing of these petitions as civil revision petitions, the submissions made by Sri.Jayakumar S.Patil deserves acceptance.
In view of the foregoing, all these civil revision petitions being not maintainable stand disposed of accordingly with no order as to costs.
However, the petitioners are permitted to convert these petitions into writ petitions within a period of six weeks. Amendments be incorporated within six weeks period. Ad-interim order passed in these petitions shall operate for a period of six weeks.
Sd/-
JUDGE GH