Smt. Bhagyamma vs State Of Karnataka
2023 Latest Caselaw 3340 Kant

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                                                  NC: 2023:KHC:20586-DB
                                                       WA No. 1032 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 15TH DAY OF JUNE, 2023

                                       PRESENT
               THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                            AND
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                            WRIT APPEAL NO. 1032 OF 2022
               BETWEEN:

               1.     SMT. BHAGYAMMA
                      W/O N.V.SHIVAKUMAR
                      AGED ABOUT 72 YEARS

               2.     SRI KENCHANNA
                      S/O NARASAPPA
                      AGED ABOUT 72 YEARS

               3.     LATE SRI. SUBRAMANI
                      SINCE DEAD BY HIS LRS


Digitally      3(a) SMT MAMATHA
signed by           W/O SRI SUBRAMANI
SUMA B N            AGED ABOUT 49 YEARS
Location:
High Court     4.     SMT SHANTHAMMA
of Karnataka
                      W/O PAPANNA
                      AGED ABOUT 67 YEARS

               5.     SMT. BASAMMA
                      W/O SIDDAPPA
                      AGED ABOUT 74 YEARS
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                                NC: 2023:KHC:20586-DB
                                     WA No. 1032 of 2022




      ALL R/AT SETTIGERE VILLAGE
      JALA HOBLI, YELAHANKA TALUK
      BENGALURU NORTH (ADDL)
      BEGALURU.

                                            ...APPELLANTS
(BY SRI. MANMOHAN P N., ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF REVENUE
     VIKASA SOUDHA
     BENGALURU-560 001.

2.   THE SPECIAL DEPUTY COMMISSIONER -1
     BENGALURU NORTH SUB-IVISION
     BENGALURU-560 001.

3.   THE TAHSILDAR
     BANGALORE NORTH
     ADDITIONAL YELAHANKA TALUK
     BENGALURU-560 064.

4.   M/s. BANGALORE METRO
     RAIL CORPORATION LIMTIED
     3RD FLOOR BMTC COMPLEX
     K H ROAD
     SHANTHINAGAR
     BENGALURU-560 027
     REPRESENTED BY ITS
     GENERAL MANAGER
                                           ...RESPONDENTS
(BY SRI. S.S. MAHENDRA AGA FOR R1 TO R3;
     SRI. HARISH N.N., ADVOCATE FOR R4)
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                                      NC: 2023:KHC:20586-DB
                                            WA No. 1032 of 2022




     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO i) ALLOW THIS
WRIT APPEAL AND SET ASIDE THE ORDER DATED:08.09.2021
PASSED IN WRIT PETITION No.11542/2020 IN SO FAR AS
REMANDING THE MATTER TO THE SPECIAL DEPUTY
COMMISSIONER OF I.A.S CADRE TO DECIDE THE MATTER
WITHIN 4 MONTHS, IF NECESSARY, BY PROVIDING PERSONAL
HEARING TO THE APPELLANTS THROUGH VIRTUAL HEARING
THROUGH VIDE CONFERENCING AND ii) PASS SUCH OTHER
AND FURTHER ORDERS.

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



                           JUDGMENT

Heard Sri.P.N.Manmohan, learned counsel for the

appellants, Sri.S.S.Mahendra, learned Additional Government

Advocate for respondents 1 to 3 and Sri.Harish N.N., learned

counsel for respondent No.4.

2. Learned counsel for appellants on instructions pray

for withdrawal of the appeal and submits that necessary memo

be permitted to be filed on or before 20.06.2023.

3. Learned counsel for appellants further submit that

while making the observations learned Single Judge in

paragraph 8 of the order referred to a direction of Division

Bench in W.P.No.10850/2021 and reiterating the same directed

NC: 2023:KHC:20586-DB WA No. 1032 of 2022

respondent No.1 to appoint Special Deputy Commissioner or

Deputy Commissioner of I.A.S Cadre within 15 days from the

date of the order. In paragraph 10 of the order, the Special

Deputy Commissioner of I.A.S Cadre so appointed is directed to

take up the matter for consideration and dispose within the

stipulated period of four months by giving necessary

opportunity of hearing either by way of physical presence or

through virtual presence.

4. Learned Additional Government Advocate submits

that post the order of learned Single Judge due to certain

events namely the declaration of election in the State of

Karnataka and formation of new Government, directions of the

learned Judge could not be complied with. As such, learned

Additional Government Advocate orally prayed for modification

of the stipulation of period directed by learned Single Judge. In

view of the oral prayer of Additional Government Advocate we

modify the stipulation of period in paragraph 8 as well as in

paragraph 10.

NC: 2023:KHC:20586-DB WA No. 1032 of 2022

5. Respondent No.1 is directed to appoint the Special

Deputy Commissioner or Deputy Commissioner, if not already

appointed, within a period of 15 days from today. The officer

concerned so appointed i.e., Special Deputy Commissioner or

Deputy Commissioner of I.A.S cadre to take up the matter for

consideration and dispose of the same within a period of three

months by providing an opportunity of hearing either by way of

physical appearance of the petitioners or permitting the

petitioners appear through virtual mode.

Writ appeal is disposed of as withdrawn.

In view of disposal of appeal, pending applications stand

disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

SBN