Karnataka High Court
Sri.K.Mallaiah vs The State Of Karnataka on 17 January, 2023
Bench: Chief Justice, Ashok S.Kinagi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR.PRASANNA B.VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO.554 OF 2022 (LR)
BETWEEN:
SRI.K.MALLAIAH,
S/O LATE KEMPEGOWDA,
AGED ABOUT 63 YEARS,
VIDHYARANAYAPURA,
VIDHYARANYAPURA POST,
BENGALURU - 560 097.
... APPELLANT
(BY SRI YOGESH B POOJARI, ADVOCATE FOR
SRI RAVISHANKAR S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M S BUILDING,
BENGALURU - 560 001
REP. BY ITS SECRETARY.
2. THE LAND TRIBUNAL,
BENGALURU NORTH TALUK,
BENGALURU - 560 001.
3. SMT RAJAMMA,
W/O LATE NARAYANA GOWDA,
AGED ABOUT 73 YEARS,
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4. SMT LAKSHMAAMMA,
D/O LATE NARAYANA GOWDA,
AGED ABOUT 59 YEARS,
5. SMT NAGAMMA,
D/O LATE NARAYANA GOWDA,
AGED ABOUT 57 YEARS,
6. SMT SUMA,
D/O LATE NARAYANA GOWDA,
AGED ABOUT 54 YEARS,
SRI SONNEGOWDA B N,
S/O LATE NARAYANA GOWDA,
SINCE DEAD BY HIS LRS,
7. SMT RADHA,
W/O LATE SONNEGOWDA
AGED ABOUT 46 YEARS,
8. SRI JEEVAN KUMAR,
S/O LATE SONNEGOWDA,
AGED ABOUT 26 YEARS,
9. SRI NUTHAN KUMAR,
S/O LATE SONNEGOWDA,
AGED ABOUT 21 YEARS,
10. SRI NAGANNA B N,
S/O LATE NARAYANA GOWDA,
AGED ABOUT 49 YEARS,
11. SRI CHANDRU B N,
S/O LATE NARAYANA GOWDA,
AGED ABOUT 46 YEARS,
THE RESPONDENTS 3 TO 11 ARE
R/AT NO.47, DODDABETTAHALLI VILLAGE,
VIDHYARANYAPURA POST,
BENGALURU - 560 097
... RESPONDENTS
(BY SRI H.S.RAMAMURTHY, ADVOCATE FOR C/R-10)
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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 03/06/2022 PASSED BY THE LEARNED
SINGLE JUDGE IN WRIT PETITION 11526/2020 AND ALLOW
THE SAME BY ALLOWING THE ABOVE APPEAL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
ASHOK S.KINAGI J. DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal was filed on 02.07.2022 and the matter
was listed before the Court on 07.07.2022. On the said date,
three weeks' time was granted for compliance of office
objections. When the matter was listed on 24.11.2022, none
appeared for the appellant and in spite of granting
opportunity to remove the office objections, the appellant
failed to remove the office objections. Therefore, as a last
chance, three weeks' time was granted to remove the office
objections subject to payment of cost of Rs.5,000/- with the
Karnataka State Legal Services Authority and office was
directed to list the matter on 13.01.2023. Again when the
matter was listed on 13.01.2023, the appellant did not
removed the office objections nor paid the cost. Hence, as a
last chance, the matter was directed to be listed on
17.01.2023.
2. Today, the learned counsel for the appellant
submits that he has deposited the cost of Rs.5,000/-
yesterday (i.e., 16.01.2023) and seeks time to comply with
the office objections. His submission is placed on record.
3. In spite of granting sufficient opportunity to
comply with the office objections, the appellant failed to
remove the office objections. It seems that the appellant is
not interested in prosecuting the appeal.
4. In view of the above, the appeal is dismissed for
non-compliance of the office objections.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
VM
