Shivaprasad vs The State Of Karnataka
2022 Latest Caselaw 47 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF JANUARY, 2022

                             BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.23615 OF 2021 (GM-FOR)

BETWEEN:
SHIVAPRASAD
(SHIVAPRASAD I S)
S/O SOMACHAR
AGED ABOUT 46 YEARS,
PRESENTLY RESIDING AT
BASAVESHWARA ROAD,
SOMVARPET TALUK
KODAGU DISTRICT
PIN CODE-571 236.
                                            ...PETITIONER
(BY SRI. MAHADEVA.R.K, ADVOCATE)

AND:

THE STATE OF KARNATAKA
REP BY AUTHORIZED OFFICER AND
DEPUTY CONSERVATOR OF
FORESTS MADIKERI DIVISION,
KODAGU DISTRICT
PIN CODE-571201.
                                          ...RESPONDENT
(BY SRI. B.V.KRISHNA, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE
PETITION AND SET ASIDE THE PORTION OF THE ORDER I.E.,
CONDITION NO.(c) I.E., THE PETITIONER SHALL FURNISH A
BANK GUARANTEE FOR A SUM OF RS.4 LAKHS BEFORE THE
COMPETENT AUTHORITY/RESPONDENT TILL CONCLUSION OF
THE CASE IN CRL. APPEAL NO.27/2021 DTD 05.08.2021 VIDE
ANNX-A AND FURTHER DIRECT THE RESPONDENT TO RELEASE
THE SAID DUSTER CAR BEARING REG.NO.KA-55-N-7125 IN
FAVOUR OF THE PETITIONER IN PROCEEDINGS DTD
17.03.2021.
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    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

Learned counsel for the petitioner submits that the

subject matter of this writ petition is substantially covered by

the judgment of this Court in W.P.No.21114/2021 between

SIRAJ PASHA vs. THE STATE OF KARNATAKA & ANOTHER

disposed off on 25.11.2021, wherein some relief has been

accorded to the litigant therein.

2. Learned AGA on request having accepted notice

for the respondent although opposed the writ petition, is not

in a position to differentiate the fact matrix of the petition

from the one treated in the cognate judgment above.

3. A 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 of on 11.12.1974, has held that the relief granted in

a set of facts in favour of a litigant cannot be denied in

another set of facts wherein the litigant is similarly

circumstanced, in the absence of derogatory factors.

In the above circumstances, this writ petition is

disposed off granting relief to the petitioner as has been

granted in W.P.No.21114/2021 and further the conditions

imposed in Crl.A.No,31/2021 disposed off on 22.10.2021

shall be applicable to the case of the petitioner as well.

Cost made easy.

Sd/-

JUDGE

DS/JY