Citation : 2022 Latest Caselaw 13074 Kant
Judgement Date : 16 November, 2022
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER , 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.20927 OF 2022(LR)
BETWEEN:
SRI.SHANTHARAJU,
S/O LATE MADAPPA,
AGED ABOUT 50 YEARS,
R/AT MADAPURA VILLAGE,
T NARASIPURA TALUK,
TALKADU HOBLI,
MYSORE DISTRICT - 571 124.
...PETITIONER
(BY SMT.P C SUNITHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. ASSISTANT COMMISSIONER,
KOLLEGALA SUB DIVISION,
KOLLEGALA - 571 440.
3. THE TAHASILDAR,
KOLLEGALA - 571 440.
CHAMARAJANAGAR DISTRICT.
... RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH IMPUGNED ORDER PASSED IN LRF.217/2013-14
DATED 29.09.2015 BY THE R2 IS PRODUCED HEREWITH AS
ANNEXURE-C.
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.4825/2021(LR)
cw W.P.No.3727/2021(LR) between SRI. MANJUNATHA E
vs. THE ASSISTANT COMMISSIONER & ANOTHER
disposed off by this Court vide judgment dated
27.07.2021, wherein reprieve has been granted in terms
of ultimate paragraph therein.
2. The Division Bench decision 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 like cases should be treated
alike and if relief is granted to a litigant, it cannot be
denied to other similarly circumstanced litigants, subject
to all just exceptions.
In view of the above, this petition is allowed;
impugned order is set at naught; relief granted to the
litigant in the cognate writ petition is extended to the
petitioner herein as well.
No costs.
Sd/-
JUDGE
Bsv
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