Sunandamma vs The State Of Karnataka
2023 Latest Caselaw 5070 Kant

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                                                     NC: 2023:KHC:26480
                                                        WP No. 5488 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 31ST DAY OF JULY, 2023

                                            BEFORE
                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                           WRIT PETITION NO. 5488 OF 2023 (GM-RES)


                   BETWEEN:

                         SUNANDAMMA,
                         WIFE OF LATE GIRITHIMAPPA,
                         AGED ABOUT 75 YEARS,
                         AGRICULTURIST,
                         R/AT BANJAGONDANAHALLI VILLAGE,
                         HOLALKERE TALUK,
                         CHITRADURGA DISTRICT - 577 539.

                                                                ...PETITIONER
                   (BY SRI. B.K. MANJUNATH, ADVOCATE)

                   AND:

Digitally signed
by SHARADA         1.    THE STATE OF KARNATAKA,
VANI B                   REP. BY ITS SECRETARY TO GOVERNMENT,
Location: HIGH
COURT OF                 AGRICULTURAL DEPARTMENT,
KARNATAKA                M.S. BUILDING,
                         DR. AMBEDKAR BEEDHI,
                         BANGALORE - 560 001.

                   2.    THE COMMISSIONER OF AGRICULTURE,
                         AGRICULTURAL DEPARTMENT,
                         SHESHADRI ROAD,
                         BANGALORE - 560 009.
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                                     NC: 2023:KHC:26480
                                         WP No. 5488 of 2023




3.   THE JOINT DIRECTOR OF AGRICULTURE,
     AGRICULTURAL DEPARTMENT,
     APMC ROAD,
     CHITRADURGA TOWN - 577 501.

4.   THE DEPUTY DIRECTOR OF HORTICULTURE,
     CHITRADURGA ZILLA PANCHAYATH,
     CHITRADURGA DISTRICT - 577 501.

5.   THE ASSISTANT DIRECTOR OF AGRICULTURE,
     AGRICULTURAL DEPARTMENT,
     CHITRADURGA - 577 501.

6.   THE SENIOR ASST DIRECTOR OF
     HORTICULTURE, CHITRADURGA ZILLA
     PANCHAYATH,
     CHITRADURGA DISTRICT - 577 501.

                                               ...RESPONDENTS
(BY SRI. B.V. KRISHNA, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH    THE   ORDER     PASSED     BY   THE    R-3   BEARING

NO.JAKRON/ASATHONI/JAVI/CHI/KRUBA/MANA/2016-17 VIDE

ANNEXURE-H DATED 17.02.2017 BY ISSUING A WRIT OF

CERTIORARI. AND ETC.


      THIS   PETITION,   COMING     ON    FOR    PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                      NC: 2023:KHC:26480
                                        WP No. 5488 of 2023




                            ORDER

The subject matter of this petition is substantially

similar to one in W.P.No.5003/2021 (APMC) between N.

RAVI vs. THE STATE OF KARNATAKA AND OTHERS,

disposed off by a Co-ordinate Bench of this Court vide

judgment dated 18.08.2021, wherein a direction has been

issued to the respondents "to calculate balance subsidy

amount and disburse the same along with interest at the

rate of 6% per annum, from the date of completion of

work till payment is made".

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 of on 11.12.1974, has held that the

Court should treat the like-cases alike and if relief is

granted to a litigant, it has to be extended to a similarly

circumstanced litigants as well, there being no derogatory

circumstances.

NC: 2023:KHC:26480 WP No. 5488 of 2023

In view of the above, this petition is disposed off

granting same relief, which has been granted to the

litigant in the cognate petition and three months time is

fixed for the payment.

Costs made easy.

Sd/-

JUDGE

SMJ