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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER , 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.13299 OF 2015(KLR-RR/SUR)
BETWEEN:
SRI.P.KRISHNAPPA,
S/O LATE PAPAIAH,
AGED ABOUT 64 YEARS,
RESIDING AT GUNDUR VILLAGE,
BIDARAHALLI HOBLI,
HOSKOTE TALUK - 562 114.
BANGALORE RURAL DISTRICT.
...PETITIONER
(BY SRI.BHADRINATH R, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
M S BUILDING, BANGALORE - 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
BANGALORE - 560 001.
3. THE TAHSILDAR,
BANGALORE EAST TALUK,
K R PURAM -560 049.
BANGALORE - 560 049.
... RESPONDENTS
(BY SRI.C N MAHADESHWARAN, AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
DIRECT TO THE R-1 TO 3 TO IMPLEMENT ORDER DATED
25.2.2013 IN W.P.NO.45021/2011 PASSED BY THE LEARNED
SINGLE JUDGE OR THIS HON'BLE COURT AS FOUND AT
ANNX-A FORTHWITH IN RESPECT OF THE PETITIONER
SCHEDULE LAND AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Petitioner seeks a direction to implement the Writ of learned Single Judge issued vide Judgment dated 25.02.2013 in W.P.No.45021/2011 a copy whereof avails at Annexure-A. In this connection, he has also made certain representations, copies whereof avails at Annexures B, C, D & E.
2. Learned AGA submits that the Judgment in W.P.No.45021/2011 having been reversed by the Division Bench in W.A.No.4250/2015 disposed off on 13.11.2019, the matter has been remanded to the Respondent - Deputy Commissioner for consideration afresh and therefore the writ petition has to be dismissed.
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Having heard learned counsel for the parties and having perused the petition papers, although this Court is in broadly agreement with the submission of learned AGA as above, the Deputy Commissioner cannot keep the remand pending eternally since law shuns delay.
In the above circumstances, the writ petition is disposed off directing the 2nd & 3rd Respondents to accomplish the same within three months, all contentions having been kept open.
Costs made easy.
Sd/-
JUDGE Bsv