The Hubli Dharwad Municipal ... vs Smt.Gangawwa W/O Durgappa ...
2022 Latest Caselaw 2909 Kant

           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH

         DATED THIS THE 21ST DAY OF FEBRUARY 2022

                         PRESENT

          THE HON'BLE MR. JUSTICE S.G. PANDIT

                           AND

     THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

            WRIT APPEAL No.100028 OF 2020 (S-R)

BETWEEN:

1.     THE HUBLI DHARAWD MUNICIPAL
       CORPORATION REP. BY ITS COMMISSIONER,
       HUBBALLI-20.

2.     THE ACCOUNTS OFFICER
       OFFICE OF THE CHIEF ACCOUNTS OFFICER,
       PENSION CELL, HUBBALLI DHARWAD
       MUNICIPAL CORPORATION, HUBBALLI-20,
       DISTRICT:DHARWAD-580020.

3.     THE ASSISTANT COMMISSIONER
       ZONAL OFFICE NO.8, THE HUBBALLI
       DHARWAD MUNICIPAL CORPORATION,
       DHARWAD-580020.

4.    THE HEALTH OFFICER
      HUBBALLI DHARWAD MUNICIPAL CORPORATION
      HUBBALLI-20, TQ & DIST:DHARWAD-580020.
                                          ...APPELLANTS
(BY SRI.G.I. GACHCHINAMATH, ADVOCATE)

AND

1.     SMT. GANGAWWA W/O DURGAPPA
       VAGARNAL, AGED ABOUT 63 YEARS,
       OCC:RETIRED, RESIDENT OF KARAKIBASAVESHWARA
                             2



     NAGAR, HUBBALLI-20, TQ & DIST:DHARWAD-580020.

2.   SHRI. YALLABURGEPPA S/O RAMAPPA
     GOBBARDAVAR, AGED ABOUT 65 YEARS,
     OCC:RETIRED, RESIDING AT NO.45,
     KARAKIBASAVESHWARA NAGAR,
     4TH CROSS, NEAR DURGADEVI TEMPLE,
     HUBBALLI-20, TQ & DIST:DHARWAD-580025.

3.   SRI. KARIYAPPA S/O HANMANTHAPPA
     NAIKAL, AGED ABOUT 65 YEARS, OCC:RETIRED,
     RESIDING AT D.NO.14TH MAIN ROAD,
     KARAKIBASAVESHWARA NAGAR,
     NEAR DURGADEVI TEMPLE,
     HUBBALLI-20, TQ & DIST:DHARWAD-580025.
                                       ...RESPONDENTS

     THIS APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET-ASIDE THE
IMPUGNED ORDER DATED 17.9.2019 MADE IN WRIT PETITION
NO.102339-2341/2018 PASSED BY THE LEARNED SINGLE
JUDGE.

      THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, S.G. PANDIT J., DELIVERED THE FOLLOWING:

                      JUDGEMENT

This intra-court appeal is filed by Hubballi-Dharwad

Municipal Corporation (for short, 'Corporation') assailing

the legality and correctness of the order dated 17.9.2019

in WP Nos.102339-2341/2018, wherein the learned Single

Judge directed the appellant/Corporation to refund the

recovered amount with 6% interest within a period of

three months from the date of receipt of certified copy of

the order. Further, learned Single Judge directed at para-

10 of the impugned order as follows:

Further, the difference in amount with respect to the entitlement to the petitioners of the time bound scale from the date of withdrawal of this benefit is to be made good by the respondent-Corporation. Accordingly, petitions are disposed off subject to the above observations.

2. Sri. G.I. Gachchinamath, learned counsel for

the appellants-Corporation vehemently argued contending

that the learned Single Judge was not right in directing the

refund of recovered amount and also directing to make

good of difference amount of time bound scale to the

respondents/petitioners.

3. It is brought to the notice of this Court that the

question involved in this appeal was the subject matter in

WA No.100031/2020 and connected matters. The co-

ordinate Bench of this Court by its judgement dated

11.8.2021 dismissed the appeal as devoid of merit

confirming the order of the learned Single Judge. In view

of decision of co-ordinate Bench of this Court, wherein

similar issue is answered, the present appeal is disposed of

in terms of judgment dated 11.8.2021 in WA

No.100031/2020 and connected matters. Accordingly, writ

appeal stands dismissed confirming the impugned order of

the learned Single Judge.

4. Pending applications, if any, do not survive for

consideration and accordingly, they are disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

JTR