Smt S Savithramma vs Smt. Sumangala
2024 Latest Caselaw 11939 Kant

Citation : 2024 Latest Caselaw 11939 Kant
Judgement Date : 30 May, 2024

Karnataka High Court

Smt S Savithramma vs Smt. Sumangala on 30 May, 2024

Author: Chief Justice

Bench: Chief Justice

                                               -1-
                                                           NC: 2024:KHC:18308-DB
                                                            WA No. 1499 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 30TH DAY OF MAY, 2024

                                           PRESENT

                          THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
                                              AND
                             THE HON'BLE MR. JUSTICE K. V. ARAVIND

                             WRIT APPEAL No. 1499 OF 2023 (LB-RES)

                   BETWEEN:

                   1.   SMT. S. SAVITHRAMMA,
                        AGED ABOUT 68 YEARS,
                        W/O LATE SRI.Y.SUBBARAO,
                        R/AT No.5, 30TH CROSS,
                        30TH MAIN ROAD, B.S.K.2ND STAGE,
                        BENGALURU-560070.
                                                                   ...APPELLANT
                   (BY SRI NANDISH GOWDA G. B., ADVOCATE)
                   AND:
Digitally signed
by VALLI           1.   SMT. SUMANGALA,
MARIMUTHU
Location: High          AGED ABOUT 60 YEARS,
Court of                W/O LATE SRI.S.P.JAYAPAL,
Karnataka

                   2.   SMT. J. SWETHA,
                        AGED ABOUT 35 YEARS,
                        D/O LATE SRI.S.P.JAYAPAL,

                   3.   MS. SOWRABHA,
                        AGED ABOUT 32 YEARS,
                        D/O LATE SRI.S.P.JAYAPAL

                        ALL ARE RESIDING AT
                        No.132, 6TH CROSS,
                             -2-
                                     NC: 2024:KHC:18308-DB
                                      WA No. 1499 of 2023




     BAPUJI LAYOUT,
     NEAR CHANDRA LAYOUT,
     VIJAYANAGAR II STAGE,
     BENGALURU-560040.

4.   STATE OF KARNATAKA,
     BY ITS PRINCIPAL SECRETARY,
     RURAL DEVELOPMENT AND
     PANCHAYATRAJ DEPARTMENT,
     3RD GATE, 3RD FLOOR, M.S.BUILDING,
     BENGALURU-560003.

5.   THE SECRETARY / PANCHAYATH
     DEVELOPMENT OFFICER,
     NERALURU VILLAGE, PANCHYATHI,
     ATTIBELE HOBLI, ANEKAL TALUK,
     BENGALURU DISTRICT-562106.

6.   THE EXECUTIVE OFFICER,
     TALUK PANCHAYATH,
     ANEKAL TALUK,
     BANGALORE URBAN DISTRICT,
     ANEKAL 562106.
                                          ...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R4)

      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 WP No. 59790/2016 (LB-RES).

      THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
                                    -3-
                                               NC: 2024:KHC:18308-DB
                                                WA No. 1499 of 2023




                                ORDER

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 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.

NC: 2024:KHC:18308-DB

(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 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