Sri.P.Krishnappa vs The State Of Karnataka
2022 Latest Caselaw 12728 Kant

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 IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 2ND DAY OF NOVEMBER , 2022

                      BEFORE

    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.13299 OF 2015(KLR-RR/SUR)

BETWEEN:

SRI.P.KRISHNAPPA,
S/O LATE PAPAIAH,
AGED ABOUT 64 YEARS,
RESIDING AT GUNDUR VILLAGE,
BIDARAHALLI HOBLI,
HOSKOTE TALUK - 562 114.
BANGALORE RURAL DISTRICT.
                                        ...PETITIONER
(BY SRI.BHADRINATH R, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   REPRESENTED BY ITS PRINCIPAL SECRETARY,
   DEPARTMENT OF REVENUE,
   M S BUILDING, BANGALORE - 560 001.

2. THE SPECIAL DEPUTY COMMISSIONER,
   BANGALORE URBAN DISTRICT,
   BANGALORE - 560 001.

3. THE TAHSILDAR,
   BANGALORE EAST TALUK,
   K R PURAM -560 049.
   BANGALORE - 560 049.
                                      ... RESPONDENTS
(BY SRI.C N MAHADESHWARAN, AGA)
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      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
DIRECT TO THE R-1 TO 3 TO IMPLEMENT ORDER DATED
25.2.2013 IN W.P.NO.45021/2011 PASSED BY THE LEARNED
SINGLE JUDGE OR THIS HON'BLE COURT AS FOUND AT
ANNX-A FORTHWITH IN RESPECT OF THE PETITIONER
SCHEDULE LAND AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
                            ORDER

Petitioner seeks a direction to implement the Writ of

learned Single Judge issued vide Judgment dated

25.02.2013 in W.P.No.45021/2011 a copy whereof avails

at Annexure-A. In this connection, he has also made

certain representations, copies whereof avails at

Annexures B, C, D & E.

2. Learned AGA submits that the Judgment in

W.P.No.45021/2011 having been reversed by the

Division Bench in W.A.No.4250/2015 disposed off on

13.11.2019, the matter has been remanded to the

Respondent - Deputy Commissioner for consideration

afresh and therefore the writ petition has to be

dismissed.

Having heard learned counsel for the parties and

having perused the petition papers, although this Court is

in broadly agreement with the submission of learned

AGA as above, the Deputy Commissioner cannot keep

the remand pending eternally since law shuns delay.

In the above circumstances, the writ petition is

disposed off directing the 2nd & 3rd Respondents to

accomplish the same within three months, all contentions

having been kept open.

Costs made easy.

Sd/-

JUDGE

Bsv