Smt. Jyothi vs Government Of Karnataka

Citation : 2022 Latest Caselaw 13017 Kant
Judgement Date : 15 November, 2022

Karnataka High Court
Smt. Jyothi vs Government Of Karnataka on 15 November, 2022
Bench: Krishna S.Dixit
                             1




       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF NOVEMBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.17886 OF 2022 (LR)

BETWEEN:
SMT. JYOTHI
D/O VEERAPPA,
AGED ABOUT 43 YEARS,
R/AT NO.25, LINGAYATHA STREET,
BHAIRANATHA, B M HALLI,
KOLLEGALA - 571 439.
                                               ...PETITIONER
(BY SRI. SHRIDHARAMURTHY H.R., ADVOCATE)

AND:

1.     GOVERNMENT OF KARNATAKA
       DEPARTMENT OF REVENUE,
       REPRESENTED BY ITS CHIEF SECRETARY,
       AMBEDKAR VEEDHI,
       BANGALORE - 560 001.

2.     ASSISTANT COMMISSIONER
       KOLLEGALA SUB-DIVISION,
       KOLLEGALA - 571 439.

3.     TAHSILDAR
       KOLLEGALA TALUK,
       CHAMARAJANAGARA DISTRICT - 571 439.
                                             ...RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA)
                                  2




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS IN L.R.F.NO.124/2014-15, DTD 19.01.2016 PASSED
BY THE ASSISTANT COMMISSIONER, KOLLEGLA SUB-DIVISION,
KOLLEGALA TALUK; QUASH/SET ASIDE THE ORDERS DTD
19.01.2016 PASSED IN L.R.F.NO.124/2014-15 BY THE
ASSISTANT    COMMISSIONER,    KOLLEGLA    SUB-DIVISION,
KOLLEGALA TALUK VIDE ANNX-A AND CONSEQUENTLY DISMISS
THE SAME; AND ETC.,

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 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 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 & 3 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