Karnataka High Court
Jeesh George Vazhappily And Ors vs The Commissioner And Ors on 13 August, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:4657-DB
WA No. 200249 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 200249 OF 2024 (LB-RES)
BETWEEN:
1. SRI JEESH GEORGE VAZHAPPILY
S/O GEORGE
AGED ABOUT 46 YEARS
C/O GEORGE H.NO.10-3/77/A/FF-1,
NEAR ST, MARYS SCHOOL VITTAL NAGAR
GULBARGA, PO. GB BAHAMANIPUR,
DIST. KALABURAGI, KALABURAGI-585103.
2. SRI MAHESH GOSUL
S/O SUBASHCHANDRA
Digitally signed AGED ABOUT 48 YEARS
by SACHIN
Location: HIGH C/O SUBHASHCHANDRA
COURT OF # 10/3/77/A/FF2
KARNATAKA
BESIDE RSS OFFICE VITHAL NAGAR,
GULBARGA GB BAHAMANIPURA
DIST.KALABURAGI, KALABURAGI-585103.
3. SMT SHANTA SAGAR
W/O RAGHAVENDRA SAGAR
AGED ABOUT 40 YEARS
R/O RAVOOR VILLAGE, TQ. CHITTAPUR
DIST. KALABURAGI.
4. SRI DINESH GOSUL
S/O SUBASHCHANDRA
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WA No. 200249 of 2024
HC-KAR
AGED ABOUT..YEARS
R/O # 10-3-65, 5TH CROSS,
NEAR DR. VEERANNA HOSPITAL,
VITHAL NAGAR, KALABURAGI.
...APPELLANTS
(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
1. THE COMMISSIONER
KALABURAGI MAHANAGARA PALIKE (KMP)
KALABURAGI, NEAR JAGAT CIRCLE,
MAIN ROAD, KALABURAGI-585101.
2. THE DEPUTY COMMISSIONER
KALABURAGI, ROOM NO.8,
VIDHANA SOUDHA, KALABURAGI-585101.
3. THE OWNER (MR. ARAVIND GHANTOJI)
REPRESENTED BY THE OWNER
N.K.SWASTIK RESIDENCY,
PLOT NO.9, CORPORATION NO.10-3-77
AND 10-3-77/A, SY.NO.7/1 OF DADDAPUR,
N.V.LAYOUT, VITTAL NAGAR, CTS. NO.2696,
KALABURAGI - 585102.
4. THE BUILDER
(MR.SWARAJ NAGRI BE CIVIL)
REPRESENTED BY THE BUILDER
R/O N.K.SWASTIK RESIDENCY,
SHOP NO.11, 1ST FLOOR, JAJEE ARCADE,
S.B. COLLEGE ROAD, KALABURAGI - 585102.
5. SRI SHARAN DESAI, M.ARCH USA
S/O LATE SRI HANAMANT RAO DESAI,
AGED ABOUT 58 YEARS,
EX MLA, AFZALPUR TALUK,
R/O PLOT NO.10, HOUSE NO.10-26,
N V LAYOUT, VITTAL NAGAR,
KHUBA PLOT, KALABURAGI-585103.
...RESPONDENTS
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WA No. 200249 of 2024
HC-KAR
(BY SRI MALLIKARJUN C. BASAREDDY, GA FOR R2;
SRI SHARAN DESAI M. ARCH USA, PARTY IN PERSON FOR
R5; R1 IS SERVED)
THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO a) SET ASIDE THE ORDER
DATED 20.09.2024 PASSED BY THE LEARNED SINGLE JUDGE
IN WP NO.201337/2024 (LB-RES) AND DISMISS THE WRIT
PETITION FILED BY THE RESPONDNET NO.5. b) PASS SUCH
OTHER ORDERS AS DEEMED FIT BY THIS HON'BLE COURT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH)
The party-in-person i.e., resonant No.5 is present
before the Court.
2. This appeal is filed along with an application
praying this Court to permit the appellants to prosecute
the appeal in terms of I.A.No.3/2024. On the similar set
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HC-KAR
of facts, the Co-ordinate Bench of this Court in
W.A.No.100251/2021 vide order dated 29.10.2021
referring the judgment of the Apex Court in the case of
Shivdeo Singh and Others Vs. State of Punjab and
Others reported in AIR 1963 SC 1909 and Phola Singh
alias Phola Ram (D) by LRs and Others Vs. State of
Punjab and Others reported in (2004) 6 SCC 126,
disposed of the appeal with liberty.
3. Considering the principles laid down in the
aforesaid judgment, the appellants in the case on hand are
also given liberty to challenge the impugned order seeking
appropriate relief as against the impugned order before
the appropriate Forum. The appellants are directed to seek
appropriate reliefs before the appropriate Forum within
four weeks from today.
4. In the meanwhile, the interim order granted by
this Court will be in force for a period of four weeks from
today.
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HC-KAR
The pending IAs do not survive for consideration in
view of disposal of the appeal.
Sd/-
(H.P.SANDESH)
JUDGE
Sd/-
(T.M.NADAF)
JUDGE
BL
CT:JLR
