Sri Muniyappa vs The Deputy Commissioner
2023 Latest Caselaw 152 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 3RD DAY OF JANUARY 2023

                       PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              W.A. NO.157 OF 2022 (SC/ST)
BETWEEN:

1.      SRI. MUNIYAPPA
        S/O LATE MUNIMARAPPA
        AGED ABOUT 67 YEARS.

2.      SMT. GANGAMMA
        W/O LATE THIPPAIAH
        AGED ABOUT 52 YEARS.

3.      SMT. VENKATALAKSHMAMMA
        W/O LATE RAJANNA
        AGED MAJOR.

4.    SHRI. MUNIKRISHNAPPA
      S/O LATE CHIKKADASAPPA
      AGED ABOUT 54 YEARS.
      ALL ARE R/AT SURADENAPURA VILLAGE
      HESARAGHATTA HOBLI-560073
      BANGALORE NORTH (ADDL) TALUK
      BENGALURU.
      REP. BY THEIR GPA HOLDER
      SRI. BETTAIAH
      S/O BETTE GOWDA
      R/AT. #29 & 30, 7TH 'A' CROSS
      23RD MAIN ROAD
      J.P. NAGAR
      BANGALORE-560078.
                                     ... APPELLANTS
(BY MR. B. RAVINDRANATH, ADV.,)
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AND:

1.     THE DEPUTY COMMISSIONER
       BANGALORE DISTRICT
       BANGALORE-560001.

2.     THE ASSISTANT COMMISSIONER
       BANGALORE NORTH SUB DIVISION
       BANGALORE-560001.

3.     SHRI. ULLAL SADASHIVA NAYAK
       S/O LATE ULLAL MADHAVA NAYAK
       AGED MAJOR.

4      SMT. PRATHIBHA SADASHIVA NAYAK
       W/O ULLAL SADASHIVA NAYAK
       AGED MAJOR.

       R3 & R4 BOTH ARE R/AT
       FLAT NO.502, 'B' BLOCK, 5TH FLOOR
       MAHAMAYA SANNIDHI APARTMENTS
       NEAR SRI MAHAMAYA TEMPLE
       CAR STREET, MANGALORE-542101.

       R3 & R4 BOTH ARE REP. BY GPA HOLDER
       SRI. GIRIDHAR KINI
       FLAT NO.A/3, GAURAV ENCLAVE
       331/1, KHB ROAD, SULTANPALYA
       R.T. NAGAR POST, 4, 1ST CROSS
       BANGALORE-32.

5.     SRI. M. KADRIYAPPA
       S/O LATE MUNIYAPPA
       AGED ABOUT 60 YEARS
       R/O SURADENAPURA VILLAGE
       HESARAGHATTA HOBLI-560073
       BANGALORE NORTH(ADDL) TALUK
       BANGALORE.

6.     SRI. HANUMAPPA
       S/O LATE MUNIMARAPPA
       ABOUT 60 YEARS
       R/O SURADENAPURA VILLAGE
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     HESARAGHATTA HOBLI-560073
     BANGALORE NORTH (ADDL) TALUK
     BANGALORE.

7.   SHRI. T.S. BYLAPPA
     S/O LATE SIDDARAMAIAH
     AGE MAJOR
     R/O CHOKKANAHALLI VILLAGE
     BANGALORE NORTH TALUK
     BANGALORE-560073.

8.   SHRI. C.K. KARIYAPPA
     S/O KUSHALAPPA
     AGE MAJOR
     R/O GONIKOPPA
     DAKSHINA KODAGU
     KODAGU DISTRICT-571236.

9.   SHRI. K. SITHARAM
     AGE MAJOR
     NO.47/1, 5TH MAIN ROAD
     CHAMARAJPET, BANGALORE-560018.

                                     ... RESPONDENTS

(BY MRS. NAMITHA MAHESH B.G. AGA FOR R1 & R2)
                          ---
     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THIS WRIT APPEAL.
SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE
JUDGE     DATED    31/01/2020    IN    WRIT   PETITION
NO.44507/2013 (SC-ST) PASSED BY THIS HON BLE COURT.
ISSUE ANY OTHER ORDER, DIRECTION.

    THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:
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                        JUDGMENT

This intra Court appeal has been filed against an

order dated 21.01.2020 passed by the learned Single

Judge in W.P.No.44508/2013 by which writ petition

preferred by the appellant has been dismissed.

2. Learned counsel for the appellant fairly pointed

out that the order passed by the learned Single Judge

in connected appeals has already been upheld by this

Court by an order dated 22.08.2022 in

W.A.No.192/2022.

3. In view of the aforesaid submission and for the

reasons assigned in the aforesaid judgment, this

appeal is also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV