Mahadevanayaka @ Mahadeva M B vs The State Of Karnataka
2022 Latest Caselaw 12679 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 29TH DAY OF OCTOBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

          WRIT PETITION NO.21158 OF 2022 (LR)

BETWEEN:
MAHADEVANAYAKA @ MAHADEVA M B.,
S/O BASAVARAJA NAYAKA,
AGED ABOUT 36 YEARS,
R/AT DHARMAPURA VILLAGE,
BILIKERE HOBLI, HUNSUR TALUK,
MYSURU DISTRICT - 572 114.
                                             ...PETITIONER
(BY SRI.ANANDA K.V., ADVOCATE)

AND:

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

2.     THE ASSISTANT COMMISSIONER,
       HUNSUR SUB DIVISION,
       HUNSUR,
       MYSORE DISTRICT - 571 105.

3.     THE TAHSILDAR,
       HUNSUR TALUK, HUNSUR,
       MYSORE DISTRICT - 572 110.
                                           ...RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT SETTING
ASIDE THE IMPUGNED ORDER BEARING NO.LRF 53/2012-13
DATED 16.03.2013 VIDE ANNEXURE - F PASSED BY R-2 AS THE
SAME IS NON EST, PASSED WITHOUT SERVING A NOTICE ON
THE PETITIONER AND WITHOUT HEARING HIM AND ETC.,

     THIS WRIT 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 DS