The Executive Engineer(Ele) vs Dyamamma
2022 Latest Caselaw 12168 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 26TH DAY OF SEPTEMBER, 2022

                          BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.51641 OF 2019(GM-KEB)
                         C/W
        WRIT PETITION NO.22359 OF 2019(GM-TEL)

IN W.P.NO.51641/2019:

BETWEEN:

SMT. DYAMAMMA,
W/O LATE BETTEGOWDA,
AGED ABOUT 69 YEARS,
R/AT G MALLENAHALLI,
GUNGARUMALE POST,
NONAVINAKERE HOBLI,
TIPTUR TALUK,
DISTRICT: TUMKUR - 572 101.
(NOT CLAIMING ANY SENIOR CITIZENSHIP)
                                             ...PETITIONER
(BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE)

AND:

1. THE EXECUTIVE ENGINEER(ELE).
   MAJOR WORKS DIVISION,
   K.P.T.C.L. KOTHITHOPU ROAD,
   TUMKUR TOWN,
   DIST: TUMKUR - 572 101.

2. THE ASSISTANT EXECUTIVE ENGINEER,
   (ELE), MAJOR WORKS DIVISION - IV,
   K.P.T.C.L. KOTHITHOPU ROAD,
   TUMKUR TOWN,
   DIST: TUMKUR - 572 101.
                                           ...RESPONDENTS
(R1 & R2 ARE SERVED AND UNREPRESENTED)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS AND ISSUE DIRECTION TO MODIFY THE JUDGMENT
AND AWARD DATED 03.10.2018, PASSED BY THE LEARNED V
ADDL. DISTRICT AND SESSIONS JUDGE, TIPTUR, IN CIVIL MISC
NO.10097/2014 PRODUCED AS ANNEXURE-A AND AWARD
COMPENSATION AS CLAIMED BY THE PETITIONER.

IN W.P.NO.22359/2019:

BETWEEN:

1. THE EXECUTIVE ENGINEER(ELE.),
   MAJOR WORKS DIVISION,
   K.P.T.C.L. KOTHITHOPU ROAD,
   TUMKURU TOWN,
   TUMKURU DISTRICT.

2. THE ASSISTANT EXECUTIVE ENGINEER,
   (ELE), MAJOR WORKS DIVISION - IV,
   K.P.T.C.L. KOTHITHOPU ROAD,
   TUMKURU TOWN,
   TUMKURU DISTRICT.
                                            ...PETITIONERS
(BY SRI. PADMA S UTTAR, ADVOCATE)

AND:

DYAMAMMA,
W/O LATE BETTEGOWDA,
AGED ABOUT 69 YEARS,
R/AT G MALLENAHALLI,
GUNGARUMALE POST,
NONAVINAKERE HOBLI,
TIPTUR TALUK,
TUMKUR DISTRICT.
                                            ...RESPONDENT
(BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
JUDGMENT AND AWARD PASSED BY THE V ADDITIONAL
DISTRICT AND SESSIONS JUDGE, AT TIPTUR IN CIVIL MISC
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NO.10097/2014, DATED 3RD OCTOBER 2018 AS PER ANNEXURE-
A.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING - B GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                              ORDER

Learned counsel for the petitioner submits that the

subject matter of this Writ Petition is substantially similar to

the one in W.P.No.22347/2019 C/w W.P.No.775/2020

(GM-KEB) between EXECUTIVE ENGINEER AND ANOTHER

vs. SMT.NINGAMMA, disposed off by this court no

19.2.2020. This version is not controverted by the counsel

appearing for the other side.

2. The 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 off on 11.12.1974,

has held that the Court should treat like-cases alike and if

relief is granted to a litigant, similar relief cannot be denied

to other similarly circumstanced litigant as well, there being

no derogatory circumstances.

In view of the above, these Writ Petitions are disposed

off granting some relief as has been granted above in the

cognate petitions at paragraph 7 therein.

Costs made easy.

Sd/-

JUDGE

cbc