Karnataka High Court
Smt Chameli Devi vs The State Of Karnataka on 25 July, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.14731 OF 2022(GM-ST/RN)
BETWEEN:
1. SMT CHAMELI DEVI,
SINCE DEAD BY HER LEGAL HEIR
SMT NEETU BATHEJA,
W/O NEERAJ BAHEJA,
AGED 44 YEARS,
R/AT NO 66, FORTUNE VALLY 13,
DASARAHALLI MAIN ROAD,
HEBBAL VILLAGE, HA FARM,
BENGALURU 560 024.
2. SRI. ASHOK KUMAR TAYAL,
S/O LT NANDKISORE TAYAL,
AGED 59 YEARS,
3. MISS. NISHU,
D/O ASHOK KUMAR TAYAL,
AGED 18 YEARS,
4. MISS. POONAM
5. MASTER YASRAJ,
4 AND 5 ARE CHILDREN OF
SRI ASHOK KUMAR TAYAL
THEY ARE MINORS
REP BY THEIR FATHER
SRI ASHOK KUMAR TAYAL
PETITIONERS NO.2 TO 5 ARE
R/AT NO 183, 9TH C MAIN,
HOSAHALLI, VIJAYANAGAR,
BENGALURU 560 040.
2
6. SRI. CHETAN P TAYAL,
AGED 68 YEARS,
S/O LT N K TAYAL,
NO. E-2, MANYATHA RESIDENCY,
MANYATHA PARK,
RACHENAHALLI VILLAGE,
K R PURAM HOBLI,
BENGALURU 560 045.
7. SRI. MAHESH KUMAR TAYAL,
S/O LT NANDKISHORE TAYAL,
AGED 56 YEARS,
R/AT NO 39/1-1, 10TH CROSS,
CHORULPALYA, VIJAYANGAR,
BENGALURU 560 023.
8. SMT. KRISHNA DEVI,
W/O B D GOEL,
AGED 80 YEARS,
R/AT H NO 19,
STATE BANK COLONY,
MAZAFFAR NAGAR (UP).
9. SMT. PUSHPA DEVI,
W/O LT JAGMINDER DAS,
AGED 74 YEARS,
R/AT NO B-44,
PRASHANTH VIHAR,
NEW DELHI.
10. SMT. SARALADEVI,
W/O VED PRAKASH,
AGED 66 YEARS,
NO. 3515, SWAMY DAYANAND STREET
JALALBAD ROAD,
MUKTSAR 152 026.
11. SMT. HEMALATHA,
W/O SURINDER KUMAR,
AGED 61 YEARS,
NO 132/23, 3RD CROSS,
15TH MAIN, MATHIKERE,
BENGALURU 560 054.
SENIOR CITIZEN BENEFIT NOT CLAIMED
...PETITIONERS
(BY SMT. LEELA P DEVADIGA, ADVOCATE)
3
AND:
1. THE STATE OF KARNATAKA
REP BY PRINCIPAL SECRETARY,
DEPARTMENT OF FINANCE,
KANDAYA BHVAN, 8TH FLOOR,
KEMEPGOWDA ROAD,
BENGALURU 560 009.
2. THE INSPECTOR GENERAL OF STAMPS
KANDAYA BHAVAN, 8TH FLOOR,
KEMPEGOWDA ROAD,
BENGALURU 560 009.
3. THE SUB REGISTRAR,
OFFICE OF SUB REGISTRAR,
SRIRANGAPANTA, MANDYA TALUK,
MANDYA DISTRICT 571 401.
... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THEN R3 TO REGISTER THE FINAL DECREES
PRODUCED AT ANNEXURE-G,G1 TO G7 WITHOUT INSISTING
THE PETITIONER TO PRODUCE THE 11E SKETCH.
THIS 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.1494/2022
(GM-ST/RN) between SRI. G.K.SRINIVASA Vs. THE
STATE OF KARNATAKA & OTHERS, disposed off by this
Court on 01.02.2022 wherein the reasoning part of the
order at paragraph no.2 reads as under:
"Learned AGA Shri B V Krsihna on request
having accepted notice for the respondents
contends that the basic judgment (WA No.
14050/2012 in W.P.No.18939/2009) made in
which had dispensed with the production of 11E
Sketch has been stayed by the Apex Court in
SPL (C) 15837-38/2016 between THE STATE
OF KARNATAKA Vs. G RAMACHAR and therefore,
the petition may be disposed off with liberty to
the petitioner to seek its revival in the event the
said challenge fails. This Court is broadly in
agreement with this submission."
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, the writ petition is
disposed off with liberty to the petitioners to seek its
revival on the result of Writ Appeal as mentioned above.
Costs made easy.
Sd/-
JUDGE
Bsv
