Karnataka High Court
Sri Nagaraj vs The Deputy Commissioner on 21 November, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.A. No.1045 OF 2021 (SC/ST)
IN
W.P. No.9661 OF 2019 (SC/ST)
BETWEEN:
1. SRI. NAGARAJ
S/O SAMPANGAPPA
AGED 40 YEARS.
2. SRI. VENKATESH
S/O SAMPANGAPPA
AGED 51 YEARS.
BOTH ARE R/AT
DODDATHOGAR VILLAGE
BEGUR HOBLI
BENGALURU SOUTH TALUK
BNGALURU - 560 100.
... APPELLANTS
(BY MRS. MANJULA D, ADV., FOR
MR. L. SRINIVASA BABU, ADV.,)
AND:
1. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU - 560 009.
2
2. THE ASSISTANT COMMISSIONER
BENGALURU SOUTH SUB-DIVISION
BENGALURU - 560 030.
3. KRISHNAMURTHY
S/O B G HANUMANTHAIAH
MAJOR
R/AT APARTMENT NO.D-45
LEGACY DIMORA, KAKKUR PLANTATION
YELAHANKA, BENGALURU - 560 002.
4. SRI. GOUTHAM REDDY
S/O M V REDDY, MAJOR
R/AT NO.1, 9TH CROSS
RMV 2ND STAGE
CENTRAL EXCISE LAYOUT
BHOOPASANDRA, BENGALURU - 560 094.
5. SRI. RAGHAVENDRA NAIK
S/O LATE SINGAPPA NAIK
MAJOR
R/AT NO.589, 8TH BLOCK
KORAMANGALA, BENGALURU - 560 095.
6. D R G V SUJITH
S/O DR G S VISHWANATH
AGED 45 YEARS
R/AT NO.172, 13TH CROSS
3RD PHASE, GIRINAGAR
BENGALURU - 560 085.
7. MRS. RASHMA KRISHNAMURTHY
W/O B H KRISHNAMURTHY
MAJOR
R/AT APARTMENT NO.45
LEGACY DIMORA, KAKKAUR PLANTATION
YELAHANKA, BENGLURU - 560 002.
8. SRI. SURESH
S/O LATE NARAYANAPPA, MAJOR.
3
9. SRI. ANIL KUMAR
S/O LATE NARAYANAPPA
MAJOR.
R8 & R9 ARE R/AT
DODDATHOGAUR VILLAGE
BEGUR HOBLI
BENGALURU SOUTH TALUK - 562122.
10. SRI. K VENKATESH
S/O KRISHNAPPA, MAJOR
R/AT NO.148, 2ND CROSS
BILEKAHALLI LAYOUT
B G ROAD,
BENGALURU - 560 078.
11. SRI. JYOTHAPPA @ JYOTHAIAH
S/O SAMPANGAPPA, MAJOR
R/AT DODDATHOGUR VILLAGE
BEGURU HOBLI
BENGALURU SOUTH TALUK - 562 122.
12. SRI. C RAJAPPA
S/O LATE CHINAPPA
AGED 57 YEARS
R/AT JAIBHEEM NAGAR
A K COLONY, WARD NO.17,
ANEKAL, ANEKAL TALUK
BENGALURU - 562 106.
... RESPONDENTS
(BY MR. B. RAJENDRA PRASAD, HCGP FOR R1 & R2
MR. VIVEK K.G. ADV., FOR R3, R6 & R7
R8 , R10, R11, R12 ARE SERVED)
---
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THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR
RECORDS AND SET ASIDE THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE DATED 09.08.2021 IN WP
No.9661/2019 (SC-ST) AND ALLOW THE WRIT APPEAL AS
PRAYED.
THIS W.A. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Smt.Manjula.D, learned counsel for the
appellant.
Mr.B.Rajendra Prasad, learned High Court
Government Pleader for the respondent Nos.1 and 2.
Mr.Vivek K.G., learned counsel for the
respondent Nos.3, 6 and 7.
This intra Court appeal has been filed against
order dated 09.08.2021 passed by the learned Single
Judge in W.P.No.9661/2019.
2. Learned counsel for the
appellant, while inviting the attention of this Court to
the compromise arrived at between the parties,
submitted that the appellant has filed a memo seeking
leave of this Court to withdraw the appeal as the
matter has been amicably settled. It is further
submitted that since the matter has been settled, the
requirement of deposit of Rs.50,000/- as cost, be
dispensed with.
3. In view of the aforesaid submission, for the
reasons assigned in the memo and taking into
account the fact that the dispute has been amicably
settled, order dated 09.08.2021 passed by the learned
Single Judge insofar as it pertains to a direction to
deposit cost of Rs.50,000/-, is set aside.
Accordingly, the appeal is disposed of in terms of
compromise arrived at between the parties.
Sd/-
JUDGE
Sd/-
JUDGE
RV
