Y Mohammed Musthaka vs State Of Karnataka
2022 Latest Caselaw 12682 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.23922 OF 2021 (LR)

BETWEEN:
Y. MOHAMMED MUSTHAKA,
S/O LATE MOHAMMED YUSUF,
AGED ABOUT 58 YEARS,
R/AT NO.13/2, 1ST MAIN ROAD,
1ST CROSS, JYOTHI NAGAR, MYSORE ROAD,
BENGALURU - 560 026.
                                             ...PETITIONER
(BY SRI.K.V.SATEESH CHANDRA, ADVOCATE)

AND:

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

2.     THE ASSISTANT COMMISSIONER,
       PANDAVAPURA SUB-DIVISION,
       MANDYA DISTRICT - 571 401.

3.     TAHSILDAR,
       NAGAMANGALA TALUK,
       MANDYA DISTRICT - 571 401.
                                           ...RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 22.01.2015 PASSED BY THE R2 AS PER
ANNEXURE - F AND CONSEQUENTLY; DIRECT THE R2 TO
RESTORE THE ENTRIES IN THE NAME OF THE PETITIONER IN
THE REVENUE RECORDS AS STOOD BEFORE IN RESPECT OF
SY.NO.281/P62 OF BHEEMANAHALLI VILLAGE, DEVALAPURA
HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT 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