Citation : 2022 Latest Caselaw 3329 Kant
Judgement Date : 25 February, 2022
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.18823 OF 2021(GM-FOR)
BETWEEN:
SMT. SUBADRAMMA,
W/O NARYANAPPA,
AGED ABOUT 38 YEARS,
R/AT BHIMAGANAHALLI,
BALAMAND POST, BUDIKOTE HOBLI,
BANGARPET TALUK - 563 114.
KOLAR DISTRICT.
...PETITIONER
(BY SMT. P C SUNITHA, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
MULTI STORIED BUILDING,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
KOLAR DISTRICT,
KOLAR - 563 101.
3. THE ASSISTANT COMMISSIONER,
KOLAR DISTRICT,
KOLAR - 563 101.
4. THE TAHASILDAR,
BANGARPET TALUK,
BANGARPET - 563 114.
5. THE ASSISTANT CONSERVATOR OF FORESTS,
BANGARPET SUB DIVISION,
BANGARPET - 563 114.
6. THE RANGE FOREST OFFICER,
2
BANGARPET SUB DIVISION,
BANGARPET - 563 114.
7. THE SUB INSPECTOR OF POLICE,
KAMASAMUDRAM POLICE STATION,
KGF - 563 113.
... RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE R-5 DATED 13.09.2021
UNDER ANNEXURE-P AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH PHYSICAL HEARING, THE COURT MADE THE
FOLLOWING:-
ORDER
The subject matter of this writ petition is
substantially similar to the one in W.P.No.18763/2021
(GM-FOR) between SRI NARAYANAPPA vs THE
PRINCIPAL SECRETARY & OTHERS, disposed off by
this Court on 01.12.2021 wherein the operative portion
of the said order reads as under:
"In view of the above, this writ petition also succeeds; impugned order is set at naught; matter having been remanded, the proceedings shall beheld as indicated in the cognate judgment afresh, after notice to all stake holders.
All contentions are kept open. Costs made easy."
2. The Division Bench of this Court in
W.A.Nos.932-933/1974 between A.V.VINODA &
ANOTHER Vs. STATE OF KARNATAKA BY ITS
COMMISSIONER & SECRETARY disposed off on
11.12.1974, has held that the Court should treat the
like-cases alike and if relief is granted to a litigant it has
to be extended to a similarly circumstanced litigant as
well, there being no derogatory circumstances.
In the above circumstances, this writ petition is
also disposed off granting the same relief to the
petitioner as has been accorded to the litigant in the
cognate writ petition
No costs.
Sd/-
JUDGE
Bsv
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