Smt Venkatamma vs The Deputy Commissioner
2024 Latest Caselaw 19589 Kant

Karnataka High Court

Smt Venkatamma vs The Deputy Commissioner on 5 August, 2024

                                                    -1-
                                                           NC: 2024:KHC:30927-DB
                                                            WA No. 1541 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 5TH DAY OF AUGUST, 2024

                                              PRESENT

                              THE HON'BLE MR JUSTICE V KAMESWAR RAO

                                                AND

                                THE HON'BLE MR JUSTICE RAJESH RAI K

                                WRIT APPEAL NO. 1541 OF 2023 (SCST)

                      BETWEEN:

                      1.    SMT. VENKATAMMA,
                            W/O LATE VENKATAPPA,
                            AGED ABOUT 75 YEARS,
                            R/A MARIYAPPANAPALYA,
                            JNANABHARATI POST,
                            KENGERI HOBLI,
                            BENGALURU-560 056.

                      2.    SHRI. NANJAPPA
                            S/O LATE VENKATAPPA,
                            AGED ABOUT 49 YEARS,
Digitally signed by
MAYAGAIAH                   R/A MARIAYAPPANAPALYA,
VINUTHA                     JNANABHARATHI POST,
Location: HIGH
COURT OF                    KENGERI HOBLI,
KARNATAKA
                            BENGALURU - 560 056.
                                                                   ...APPELLANTS
                      (BY SRI. T.A.KARUMBAIAH, ADVOCATE)

                      AND:

                      1.    THE DEPUTY COMMISSIONER,
                            BENGALURU URBAN DISTRICT.
                            BENGALURU-560 001.
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                                     NC: 2024:KHC:30927-DB
                                      WA No. 1541 of 2023




2.   THE ASSISTANT COMMISSIONER,
     BENGALURU SOUTH SUB DIVISION,
     BENGALURU-560 001.

3.   SHRI. DINESH KUMAR
     W/O JAI JAI RAM,
     AGED MAJOR,
     R/A DEVATHA MARKET,
     AVENUE ROAD,
     BENGALURU-560 040.

4.   SMT. MUNIYAMMA
     W/O LATE VENKATAPPA,
     AGED MAJOR,
     R/A CHIKKA KODIGEHALLI,
     YESHWANATHAPURA HOBLI,
     BENGALURU NORTH TLAUK-560 022.

5.   SMT. VENKATAMMA
     S/O LATE VENKATAPATHI,
     AGED MAJOR,
     R/A MARIYAPPANAPALYA,
     JNANABHARATHI POST,
     KENGERI HOBLI,
     BENGALURU-560 056.

6.   SHRI. NANJAPPA
     S/O LATE VENKATAPATHI,
     AGED MAJOR,
     R/A MARIYAPPANAPALYA,
     JNANABHARATHI POST,
     KENGERI HOBLI,
     BENGALURU-560 056.

7.   SMT. VENKATAMMA
     W/O LATE VENKATAPPA,
     AGED MAJOR,
     R/A BOMMADEVARAGUTTA,
     CHIKKAKODIGEHALLI,
     VESHWANEEDAM POST,
     BENGALURU - 560 091.
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                                   NC: 2024:KHC:30927-DB
                                    WA No. 1541 of 2023




8.   SMT. MUNIYAMMA
     D/O LATE VENKTAPPA,
     AGED MAJOR,
     R/A BOMMADEVARAGUTTA,
     CHIKKAKODIGEHALLI,
     VESHWANEEDAM POST,
     BENGALURU-560 091.

9.   SHRI. MOHAN KUMAR
     S/O DEVADAS,
     AGED ABOUT 51 YEARS,
     R/A NO. 18/1,
     1ST MAIN ROAD,
     GOVINDARAJANAGARA,
     BENGALURU-560 040.
                                         ...RESPONDENTS

(BY SRI. V.SHIVAREDDY, AGA FOR R1 & R2;
    SRI. VEERENDRA R PATIL, ADVOCATE FOR R8;
    SRI. MANJUNATH K.V, ADVOCATE FOR R9;
    R7- SERVED & UNREPRESENTED)


      THIS WRIT APPEAL IF FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
28.07.2023 PASSED BY THE HON'BLE SINGLE JUDGE IN W.P.
No. 16139/2022 (SC-ST)


      THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:   HON'BLE MR JUSTICE V KAMESWAR RAO
         and
         HON'BLE MR JUSTICE RAJESH RAI K
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                                           NC: 2024:KHC:30927-DB
                                            WA No. 1541 of 2023




                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)

On last date of hearing this Court had passed the

following Order:

"Learned counsel for respondent No.9 has filed a memo, wherein the following has been stated:

"The Respondent No. 9 submits that the learned single judge vide order dated 28/07/2023 had passed common order in W.P No 14122/2022 and other connected matters W.P 4408/2022, W.P 16139/2022, W.P 17375/2022. The Respondent No 3 and 4 in the writ petition have filed the above appeal and Respondent No 8 herein has filed W.A No 404/2024. This Hon'ble court vide order dated 27/03/2024 has dismissed the said appeal. The copy of the order dated 27/03/2024 in W.A No 404/2024 is produced herewith for kind perusal of this Hon'ble court, in the interest of just and equity.

A copy of the same has been given to the learned counsel appearing for the appellants, who seeks two days' time to look into the same."

Re-notify on 05.08.2024."

2. Suffice to state that on the last date of hearing, the

learned counsel for the appellants sought time to look into the

memo filed by respondent No.9. Though today learned counsel

for the appellants seeks time to make his submissions, the fact

that the writ petition was decided by the learned Single Judge

by a common order in 5 writ petitions and the writ appeal filed

against the common order in one writ petition has been

dismissed as seen from the order passed by the Division Bench

NC: 2024:KHC:30927-DB

on 27.03.2024, the present appeal which has been filed by the

appellants challenging the order to the extent in writ petition

No.16139/2022, the same is also dismissed.

In view of dismissal of the main appeal, I.A.Nos.1/2023,

2/2023 and 1/2024 shall stand disposed of.

Sd/-

(V KAMESWAR RAO) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

KTY