Karnataka High Court
Smt Girijamma vs The Principal Secretary on 21 November, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.21455 OF 2022(KLR-RES)
BETWEEN:
SMT.GIRIJAMMA,
W/O LATE SADASHIVAMURTHY,
AGED ABOUT 71YEARS,
R/O K BIDARE VILLAGE,
SINGATAGERE HOBLI, KADUR TALUK,
CHIKKAMAGALURU DISTRICT - 577 138.
PRESENTLY RESIDING AT LINGADALLI ROAD,
WARD NO.19, HOSALAMMA BADAVANE,
BIRUR TOWN, KADUR TALUK,
CHIKKAMAGALURU DISTRICT - 577 115.
...PETITIONER
(BY SRI.GOPALA KRISHNAMURTHY C, ADVOCATE)
AND:
1. THE PRINICPAL SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
CHIKKAMAGALURU CITY & DISTRICT - 577 101.
3. THE ASSISTANT COMMISSIONER,
SUB-DIVISION KADUR TALUK,
CHIKKAMAGALURU CITY & DISTRICT - 577 101.
2
4. THE TAHASILDAR,
KADUR TALUK OFFICE,
KADUR TOWN & TALUK,
CHIKKAMAGALURU DISTRICT - 577 548.
5. THE ASSISTANT DIRECTOR OF LAND RECORDS,
KADUR TOWN & TALUK,
CHIKKAMAGALURU DISTRICT - 577 548.
6. THE REVENUE INSPECTOR,
ANEGERE VILLAGE,
PANCHANAHALLY HOBLI, KADUR TALUK,
CHIKKAMAGALURU DISTRICT - 577 548.
7. THE VILLAGE ACCOUNTANT,
ANEGERE VILLAGE,
PANCHANAHALLY HOBLI, KADUR TALUK,
CHIKKAMAGALURU DISTRICT - 577 548.
... RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2
TO 4 CONSIDER LEGAL NOTICE REPRESENTATION OF THE
PETITIONER DATED 01.06.2022 IN REF.NO.38/2022-23,
312.2021 RESPECTIVELY AS PER VIDE ANNEXURE-A AND B
AND ETC.,
THIS PETITION COMING ON FOR ORDERS 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.21906/2022
between SRI RAMAIAH vs THE STATE OF KARNATAKA &
OTHERS disposed off by this Court vide order dated
08.11.2022 granting some reprieve to the litigant therein
based on the Government Notification dated 15.10.2022
providing for online application for the work in question.
Wherein the operative portion of the said Judgment reads
as under:
"In view of the above, the petition is disposed
off reserving liberty to the Petitioner to make
an application online as observed above and if
such an application is made, the same would be
considered & disposed off within an outer limit
of four months. All contentions are kept open.
No costs.
It is open to the answering Respondents
to solicit any information/documents from the
side of the Petitioner for due consideration of
his Representation. However, in the guise of
such solicitation, no delay shall be brooked."
2. Learned counsel for the Petitioner argues that
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 Court
should treat the like-cases alike and if relief is granted to
a litigant it has to be extended to a similarly situated
litigant as well, there being no derogatory circumstances.
Therefore, his client should be granted the same relief on
the basis of the parity. There is force in this submission.
In view of the above, this petition is disposed off
granting the same relief as has been granted in the
cognate writ petition. Time for compliance is three
months, subject to seniority of the application.
All contentions are kept open, costs having been
made easy.
Sd/-
JUDGE
Bsv
