M/S. Opera Excel Fees Private ... vs The State Of Karnataka
2022 Latest Caselaw 12547 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF OCTOBER, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

         WRIT PETITION NO.18648 OF 2022 (LR)

BETWEEN:
1.   M/S. OPERA EXCEL FEEDS PRIVATE LIMITED
     BEING A REGISTERED COMPANY UNDER THE COMPANIES
     ACT, 1956, (CORPORATE IDENTITY
     NO.U15411AP2013PTC088851/2013-14)
     REPRESENTED BY ITS DIRECTOR
     SRI. KUKULAPATI RAMAKRISHNA,
     S/O RADHAKRISHNA MURTHY,
     AGED ABOUT 53 YEARS,
     R/AT NO.2-91-1, BHUPATI RAJU STREET,
     CURRENT OFFICE ROAD, BHIMAVARAM,
     SIVARAOPETA, WEST GODAVARI,
     ANDHRA PRADESH - 5642 202.
     REPRESENTED BY ITS
     GENERAL POWER OF ATTORNEY HOLDER,

     M/S ELITE BUILDERS
     HAVING OFFICE AT 37, FIRST FLOOR,
     LINDEN STREET, AUSTIN TOWN,
     BANGALORE - 560 047,

     REPRESENTED BY ITS PARTNER,
     SRI. AGA HUSSAIN ALI,
     S/O LATE SHAH MIRZA,
     AGED ABOUT 60 YEARS,
     R/AT NO.45, R.M.V. EXTENSION,
     BOOPASANDRA, SANJAYNAGAR POST,
     BANGALORE - 560 094.
                                             ...PETITIONER
(BY SRI. MURUGESAN .T, ADVOCATE)
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AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY,
       REVENUE DEPARTMENT,
       VIDHANA SOUDHA,
       BENGALURU - 560 001.

2.     THE ASSISTANT COMMISSIONER
       BANGALORE SOUTH SUB-DIVISION,
       KANDAYA BHAVAN, K.G. ROAD,
       BANGALORE - 560 009.

3.     THE TAHSILDAR
       ANEKAL TALUK, ANEKAL,
       BANGALORE DISTRICT - 562 106.

4.     SRI. C. JAYAPRAKASH
       S/O LATE CHIKKA THOPPAIAH,
       AGED ABOUT 39 YEARS,
       R/AT BEHIND KEB OFFICE,
       DR. AMBEDKAR COLONY,
       SARJAPURA VILLAGE AND HOBLI,
       ANEKAL TALUK,
       BANGALORE DISTRICT - 562 125.
                                                    ...RESPONDENTS
(BY SRI. R.SRINIVASA GOWDA, AGA)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TOSET ASIDE THE
IMPUGNED ORDER DTD.2.9.2015 IN LRF NO.(83) (AS) 98/2012-13
ANNEXURE-R     ON    TH   FILE   OF   THE    R-2    THE    ASSISTANT
COMMISSIONER        BANGALORE    SOUTH      TALUK    SUB    DIVISION
BANGALORE DISTRICT AND ETC.,


       THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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                               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 penultimate

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

DS