Karnataka High Court
S Lakshmanappa vs State Of Karnataka on 4 October, 2023
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:35983
WP No. 1253 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 1253 OF 2023 (LB-RES)
BETWEEN:
1. S. LAKSHMANAPPA
SON OF KARIYAPPA
AGED ABOUT 68 YEARS
OCC RETIRED;
2. S.L. RAVIKUMAR
SON OF LAKSHMANAPPA
AGED ABOUT 42 YEARS
SELF EMPLOYED
BOTH ARE RESIDENT OF
DOOR NO.1949/59
20TH CROSS, VIDYANAGARA
DAVANAGERE - 577 002.
Digitally signed ...PETITIONERS
by
NARAYANAPPA (BY SRI. MAHESHAIAH R. HIREMATHAD, ADVOCATE)
LAKSHMAMMA
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECREATARY
DEPARTMENT OF PANCHAYATH RAJ
AND RURAL DEVELOPMENT
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE - 560001.
2. THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH DAVANGERE
DAVANAGERE - 577 004.
-2-
NC: 2023:KHC:35983
WP No. 1253 of 2023
3. TALUKA EXECUTIVE OFFICER
TALUK PANCHAYATH DAVANAGERE
DAVANAGERE -577 002
4. PANCHAYATH DEVELOPMENT OFFICER
HADADAI GRAMA PANCHAYATH
DAVANAGERE TQ, DISTRICT - 577 525.
5. S. BASAPPA
S/O KARIYAPPA
AGED ABOUT 74 YEARS
OCC: AGRICULTURE
6. S.B. MAHENDRAKUMAR
S/O BASAPPA
AGED ABOUT 46 YEARS
OCC: GOVT EMPLOYEE
7. S.B. SRIKANTH,
SON OF BASAPPA,
AGED ABOUT 44 YEARS,
OCC: GOVT. EMPLOYEE.
RESPONDENT No.5, 6 AND 7 ARE THE
RESIDENTS OF HADADI VILLAGE,
DAVANAGERE TQ, DISTRICT - 577 525.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI J.M. ANILKUMAR, ADVOCATE FOR R2 TO R4;
R5-7 NOTICE DEFERRED VIDE ORDER DATED 29.08.2023)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-
DIRECT THE R3 APPELLATE AUTHORITY TO PASS FINAL ORDER
IN ANNEXURE-G IN CASE NO. APPEAL CR.NO.9/2020-21 AND
TO PASS SUCH OTHER ORDER OR DIRECTION UNDER THE
FACTS AND CIRCUMSTANCES IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
-3-
NC: 2023:KHC:35983
WP No. 1253 of 2023
ORDER
1. The petitioner is before this Court seeking for the
following reliefs:
Directing the R3 Appellate Authority to pass final
order in Annexure-G in case No. Appeal
Cr.No.9/2020-21 and to pass such other order or
direction under the facts and circumstances in the
interest of justice and equity.
2. The grievance of the petitioner is that despite Case
No.9/2020-21 having been reserved for orders on
07.04.2022, the final judgment has not been passed.
3. It is rather strange that the matter is pending for
nearly one and half years at the stage of passing
judgment. In that view of the matter, I pass the
following:
ORDER
i. The Writ Petition is allowed.
ii. Respondent No.3 is directed to consider and
pass the final order in Case No.9/2020-21 within
a period of 60 days from the date of receipt of
copy of this order.
NC: 2023:KHC:35983
WP No. 1253 of 2023
iii. In the event of respondent No.3 who heard the
matter has already been transferred, the matter
could be heard afresh and necessary orders be
passed thereon within a period of 90 days
thereafter.
Sd/-
JUDGE
PRS
