Pushparaj. K vs State Of Karnataka
2023 Latest Caselaw 1628 Kant

                                         -1-
                                                   WA No. 41 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 28TH DAY OF FEBRUARY, 2023

                                      PRESENT
              THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE
                                        AND
                      THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
                        WRIT APPEAL NO. 41 OF 2023 (LB-RES)


              BETWEEN:

              PUSHPARAJ. K
              S/O THIMMAPPA GOUDA
              AGED ABOUT 32 YEARS
              R/O KALAI HOUSE, ADKAR
              CHARVAKA VILLAGE AND POST
              KADABA TALUK
              DAKSHINA KANNADA-574221
                                                        ...APPELLANT
              (BY SRI VENUGOPAL M.S, ADVOCATE)

              AND:

Digitally signed
by K P SWETHA 1.    STATE OF KARNATAKA
Location: HIGH      DEPARTMENT OF REVENUE
COURT OF            VIDHANA SOUDHA
KARNATAKA           DR.AMBEDKAR VEEDHI
                    BENGALURU-560001
                    REPRESENTED BY ITS SECRETARY

              2.    THE EXECUTIVE OFFICER
                    TALUK PANCHAYAT SULLIA
                    SULLIA TALUK
                    D K -574239

              3.    THE PANCHAYAT DEVELOPMENT OFFICER
                    GUTTIGARU GRAMA PANCHAYAT
                               -2-
                                           WA No. 41 of 2023




     SULLIA TALUK
     D K-574218

4.   MR.DEVI PRASAD C D
     S/O C.D.DODDANNA
     AGED ABOUT 50 YEARS
     R/O CHIKMULI HOSE
     GUTTIGARU VILLAGE AND POST
     SULLIA TALUK
     D K -574218


                                              ...RESPONDENTS
(BY SRI RAJASHEKARA.S, AGA FOR R1;
SRI K.RAVISHANKAR, ADVOCATE FOR C/R4)


      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED
BY THE LEARNED SINGLE JUDGE IN WP NO.7647/2022 DATED
09/11/2022 AND ALLOW THE WRIT PETITION AS PRAYED BY
ALLOWING THE APPEAL.



      THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:

                         JUDGMENT

The learned counsel for the appellant submits that the

appellant is desirous of engaging a Senior Counsel and as such,

prays for an adjournment.

WA No. 41 of 2023

2. A perusal of the impugned order dated 09.11.2022

passed by the learned Single Judge in W.P.No.7647/2022

shows that the learned Single Judge, by assigning the reasons,

dismissed the petition with costs of Rs.50,000/- payable to the

High Court Legal Services Committee.

3. The learned counsel for the appellant submits that

the appellant is aggrieved by the imposition of the costs of

Rs.50,000/-, as the cost is at a higher side.

4. There cannot be a dispute with the imposition of the

costs which is the discretion of the Court. The learned Single

Judge, by observing that firstly, the appellant had no locus

standi and secondly, had not approached the Court with

bona fide, had imposed the costs. In our opinion, this Court

cannot go into the discretion exercised by the learned Single

Judge in awarding the costs when appropriate reasons are

assigned. We see no reason to entertain the issue in respect of

the imposition of costs and as such, the appeal being

thoroughly merit less deserves to be dismissed and the same is

accordingly dismissed.

WA No. 41 of 2023

5. In view of dismissal of the appeal, the pending

interlocutory application does not survive for consideration and

the same is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS