Sri. Yusuf Sab Lohar vs The Union Of India
2022 Latest Caselaw 5017 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU,


      DATED THIS THE 17TH DAY OF MARCH, 2022


                     BEFORE

     THE HON'BLE MR.JUSTICE P.KRISHNA BHAT

      WRIT PETITION NO.46568 OF 2016(GM-RES)

BETWEEN:


1.   SRI. YUSUF SAB LOHAR
     SON OF ABDUL REHAMAN SAB LOHAR,
     AGED ABOUT 53 YEARS ,
     RESIDING AT DURGA NAGAR
     HIREKERUR TALUK, HAVERI DISTRICT -570 813.

2.   SRI ARAFATH
     SON OF YUSUF SAB LOHAR,
     AGED ABOUT 17 YEARS
     MINOR REPRESENTED BY THEIR NATURAL
     GUARDIAN
     FATHER SRI YUSUF SAB LOHAR
     RESIDING AT DURGA NAGAR
     HIREKERUR TALUK, HAVERI DISTRICT-570 813.

3.   KUM MAHENAZ ANJUM
     DAUGHTER OF YUSUF SAB LOHAR,
     AGED ABOUT 16 YEARS
     MINOR REPRESENTED BY THEIR NATURAL
     GUARDIAN
     FATHER SRI YUSUF SAB LOHAR
     RESIDING AT DURGA NAGAR,
     HIREKERUR TALUK, HAVERI DISTRICT-570 813.
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4.     SRI SARFRAZ AHMED
       SON OF YUSUF SAB LOHAR,
       AGED ABOUT 15 YEARS
       MINOR REPRESENTED BY THEIR NATURAL
       GUARDIAN
       FATHER SRI YUSUF SAB LOHAR
       RESIDING AT DURGA NAGAR, HIREKERUR TALUK
       HAVERI DISTRICT -570 813.

5.     KUM NURUNNISA BANU
       DAUGHTER OF YUSUF SAB LOHAR,
       AGED ABOUT 8 YEARS
       MINOR REPRESENTED BY THEIR NATURAL
       GUARDIAN
       FATHER SRI YUSUF SAB LOHAR,
       RESIDING AT DURGA NAGAR,
       HIREKERUR TALUK HAVERI DISTRICT-570 813.

                                  ...PETITIONERS

(By Sri :P.M.GOPI, ADV., FOR SR
P.M. SIDDAMALLAPPA, ADV.)

AND:

1.     THE UNION OF INDIA
       REPRESENTED BY ITS CHIEF CLAIM OFFICER
       SOUTH WEST RAILWAY
       BANGALORE DIVISION
       BANGALORE - 560001.

                                         RESPONDENT
(By Sri. P.M.GOPI, FOR Sri P.M.SIDDAMALLAPPA, ADV.)

     THIS WP IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED JUDGMENT AND AWARD DATED 16.11.2015
PASSED BY THE RAILWAY CLAIMS TRIBUNAL, BANGALORE
BENCH, BANGALORE IN CASE NO. OA II U 11/2012 AT
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ANNEXURE-F AND THEREBY DIRECT THE RESPONDENT TO
PAY COMPENSATION OF RS.6 LAKHS TO THE PETITIONERS
TOWARDS DEATH OF SMT. GULJAR BANU WITH INTEREST
AT THE RATE OF 12 PER CENT PER ANNUM.


     THIS WP COMING ON FOR 'PRELIMINARY HEARING'
THIS DAY, THE COURT MADE THE FOLLOWING:-


                          ORDER

Learned counsel for the petitioners Sri G.M.Gopi,

files a memo seeking to withdraw the writ petition.

2. The memo is placed on record.

3. Accordingly, this writ petition is dismissed as

withdrawn with liberty to file MFA in accordance with law.

Sd/-

JUDGE

Rsk/-