Sri A Ravindranath Kodgi vs The Assistant Commissioner

Citation : 2021 Latest Caselaw 3433 Kant
Judgement Date : 5 October, 2021

Karnataka High Court
Sri A Ravindranath Kodgi vs The Assistant Commissioner on 5 October, 2021
Author: Krishna S.Dixit
                           1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 5TH DAY OF OCTOBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.12798 OF 2020(GM-RES)
BETWEEN:

SRI. A RAVINDRANATH KODGI,
S/O LATE SARVOTHAMA KODGI,
AGED 93 YEARS,
PRESENTLY RESIDING AT
UPAVAN GARDEN, 1ST MAIN,
6TH CROSS, HAYAREEVA NAGAR,
UDUPI - 576 227.
                                          ...PETITIONER
(BY SRI. SADASHIVAIAH K.G., ADVOCATE)

AND:

1. THE ASSISTANT COMMISSIONER,
   CHARIPERSON FOR MAINTENANCE TRIBUNAL,
   KUNDAPURA SUB-DIVISION,
   KUNDAPURA TALUK,
   UDUPI DISTRICT - 576 227.

2. SRI. DIVANANDA KODGI,
   S/O A RAVINDRANATH KODGI,
   AGED 63 YEARS,

3. SRI. AKASHA KODGI,
   S/O DIVANANDA KODGI,
   AGED 33 YEARS,

4. SMT. SULOCHANA KODGI,
   W/O DIVANANDA KODGI,
   AGED 60 YEARS,

RESPONDENTS 2 TO 4 ARE
RESIDING AT LAKSHMI NILAYA,
NO.1/31, AMASEBAILU,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 227.
                                        ... RESPONDENTS
(BY SRI. B.V.KRISHNA, AGA FOR R1;
    SRI.K.V.BATHEGOWDA, ADVOCATE FOR R2 -R4)
                               2


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE 1ST RESPONDENT AND
ALLOW THE PETITION FILED BY THE PETITIONER IN ITS
ENTIRELY AS PER ANNEXURE-A DATED 09.03.2020 AND
RESTORE THE POSSESSION OF THE PROPERTY OF THE
PETITIONER   EXCLUSIVELY    BY   ISSUING  WRIT   OF
CERTIORARI.

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

                          ORDER

The prayer in the writ petitioner essentially is for the implementation of the order dated 09.03.2020 a copy whereof is at Annexure - A.

2. Learned AGA appearing for the first respondent submits that already the said order has been implemented and thus, a Status Report dated 10.06.2020 is also filed.

In the above circumstances, the writ petition has become infurcutous and accordingly is disposed off, costs having been made easy.

Any other grievance of the petitioner, shall be looked into by the jurisdictional authorities and the police as well keeping in view the law in this regard. 3

Registry shall send a copy of this judgment immediately to the Amasebailu Police Station, Kundapura Taluk, for information & needful action if any.

Sd/-

JUDGE Bsv