Karnataka High Court
Smt. S. Savithramma vs Sri. Gurunanja Murthappa on 24 July, 2024
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NC: 2024:KHC:29035-DB
WA No. 1372 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO. 1372 OF 2023 (LB-RES)
BETWEEN:
1. SMT. S. SAVITHRAMMA
W/O LATE Y SUBBA RAO
AGED ABOUT 68 YEARS
R/AT NO. 5, 30TH CROSS
30TH MAIN ROAD, BSK 2ND STAGE,
BENGALURU - 560 070.
...APPELLANT
(BY SRI G.B. NANDISH GOWDA, ADVOCATE)
AND:
Digitally signed 1. SRI GURUNANJA MURTHAPPA
by PRABHAKAR S/O SRI A.N. RUDRAIAH
SWETHA AGED ABOUT 56 YEARS
KRISHNAN
Location: High
R/AT NO. 53/1, 1ST MAIN ROAD
Court of NAGARABHAVI ROAD
Karnataka KAVERI LAYOUT, VIJAYANAGARA
BENGALURU - 560 070.
2. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT
3RD GATE, 3RD FLOOR, M.S. BUILDING
BENGALURU - 560 003.
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NC: 2024:KHC:29035-DB
WA No. 1372 of 2023
THE SECRETARY/ PANCHAYATH
3.
DEVELOPMENT OFFICER
NERALURU VILLAGE PANCHAYATHI
ATTIBELE HOBLI
ANEKAL TALUK
BENGALURU DISTRICT - 562 106.
4. THE EXECUTIVE OFFICER
TALUK PANCHAYATH
ANEKAL TALUK
BENGALURU URBAN DISTRICT
ANEKAL - 562 106.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 07.09.2023 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE HIGH COURT OF
KARNATAKA IN W.P. No.59788/2016 (LB-RES) AND ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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NC: 2024:KHC:29035-DB
WA No. 1372 of 2023
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N.V. ANJARIA
and
HON'BLE MR. JUSTICE K.V. ARAVIND
ORAL JUDGMENT
(PER : HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N.V. ANJARIA)
Learned advocate Mr. G.B. Nandish Gowda for the appellant
fairly stated that the order impugned in this writ appeal was
common in Writ Petition No.59788 of 2016 and Writ Petition
No.59790 of 2016. It was stated that Writ Appeal No.1499 of 2023
which was filed challenging the order in Writ Petition No.59790 of
2016 came to be dismissed by this Court as per the order dated
30.05.2024. The said order dealt with the same common impugned
order.
2. In Writ Appeal No.1499 of 2023 the order was passed as
under,
"Having regard to the compass of the controversy
raised and arising from the judgment and order of
learned Single Judge, the writ appeal itself is taken
up for final consideration.
1.1. Heard learned advocate Mr.Nandish Gowda
G.B. for the appellant and learned Additional
NC: 2024:KHC:29035-DB
Government Advocate Ms. Niloufer Akbar for
respondent No.4-State.
2. The present appeal arises from the judgment and
order dated 07.09.2023 of learned Single Judge,
which is a common order dealing with two writ
petitions disposing of the same as per the directions
issued in the order.
2.1. What was prayed in the writ petitions was to
set aside the order dated 17.03.2016 passed by the
Court of the Executive Officer, Taluk Panchayath,
Anekal. Learned Single Judge dealt with the
controversy and passed the following operative
order,
"(i) The writ petitions are allowed.
(ii) A certiorari is issued, the order dated 17.3.2016
passed by the respondent No.4 in VPC Appeal
No.12/2005-06 at Annexure-A is hereby quashed.
(iii) The matter is remitted to respondent No.4 to
consider the matter afresh by offering an opportunity
to the petitioner.
(iv) Since the order is passed in the presence of all
the counsel, all the parties and/or their counsel shall
appear before respondent No.4 without requirement
of any further notice on 29.9.2023 at 2:30 p.m.
(v) The petitioner is also at liberty to file its
objections to the appeal on the said date.
(vi) Respondent No.4 shall after giving adequate
opportunity to the petitioner and the other
respondents, consider the said matter and dispose
of the proceedings within a period of 60 days from
the date on which the petitioner were to file its
objections."
3. Learned Single Judge found that the order was
passed without affording opportunity of hearing to
the petitioner. Since the breach of natural justice
NC: 2024:KHC:29035-DB
was found, the aforesaid directions were issued
remitting back the case before respondent No.4-
authority directing the authority to consider the
matter afresh after affording opportunity to the
petitioner. The order could be said to be just and
proper. No interference is called for. This Court,
however, makes it clear that respondent No.4 shall
decide the matter afresh on its own merits.
4. Respondent No.4, while deciding the matter
afresh, decide the same on its own merits and
without being influenced by the earlier order. It is
made further clear that this Court has not gone into
nor expressed any opinion on the merits of the case
of either side.
5. The appeal is not entertained and accordingly
stands dismissed."
3. The aforesaid order will apply to the present case.
Accordingly, the appeal is dismissed.
In view of dismissal of the appeal, the interlocutory
application would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K V ARAVIND)
JUDGE
KPS
