Disposed

Sri P Pushparaj v. State of Karnataka

Karnataka HC29 Jan 2013WP/22445/2012

Case brief

AI extract

What is this about?

High Court at Bangalore disposed of multiple writ petitions filed under Articles 226 and 227 of the Constitution. The petitions sought to quash a notice from the Tahsildar regarding recovery of decree money. Since petitioners were absent and had already made partial payments, the court allowed them to approach the Tahsildar directly.

What did the court decide?

Petitions disposed of by directing Tahsildar to consider petitioners' application for recovery of payment.

Sri P Pushparaj Vs State of Karnataka — Karnataka HC (2013) — LawSathi Research

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 29TH DAY OF JANUARY 2013

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BEFORE

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THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY

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WRIT PETITION Nos.22445-22467/2012(KLR-RES) AND

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WRIT PETITION Nos.3358-3370/2013

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BETWEEN :

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1 SRI P PUSHPARAJ S/O SRI PERUMAL, AGED ABOUT 53 YEARS R/A NO.420, M V NAGAR DODDURKARAPANAHALLI PLANTATION BEML NAGAR

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KOLAR GOLD FIEDLS-563115

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2 SRI DILIP KUMAR S/O SRI A SUNDER RAJULU NAIDU AGED ABOUT 47 YEARS R/A NO.7, 1ST MAIN, 3RD CROSS KUVEMPUNAGAR, DASARAHOSAHALLI ROBERTSONPET HOBLI

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BANGARPET TALUK

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3 SRI GUNASEELAN S/O SRI ASHOKAN, AGED ABOUT 54 YEARS R/A ARAVIND LOGA ASHOK NIVAS SUMATHINAGAR MAIN ROAD SUMATHINAGAR ROBERTSONPET POST KOLAR GOLD FIELDS-563122

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4 SRI D THIRUNAVUKARASU S/O LATE SRI S DEVALINGAM

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AGED ABOUT 54 YEARS R/A NO.315, II TYPE BEML NAGAR POST KOLAR GOLD FIELDS-563113

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5 SRI P RAGU S/O SRI PERUMAL, AGED ABOUT 53 YRS R/A NO.31, II STAGE, IST CROSS GOWTHAMNAGAR ROBERTSONPET KOLAR GOLD FIELDS-563122

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6 SRI YELLAPPA S/O SRI VENKATARAMAPPA, AGED ABOUT 58 YR R/A NO.67, 5TH CROSS VIJAYANAGAR BEML NAGAR POST KOLAR GOLD FIELDS-563115

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7 SMT PRABAVATHY W/O SRI BABU MAHENDIRAN AGED ABOUT 52 YEARS R/A NO.111, BHARATH NAGAR BEML NAGAR POST KOLAR GOLD FIELDS-563115

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8 SRI S RAVICHANDRAN S/O SRI SAKRAVARTHY AGED ABOUT 53 YEARS R/A NO.98/C, MARUTHI NAGAR BEML NAGAR POST KOLAR GOLD FIELDS-563115

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9 SRI G VIJAYAKUMAR

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S/O SRI T GURUNATHAN AGED ABOUT 52 YEARS R/A NO.305, II TYPE BEML NAGAR POST KOLAR GOLD FIELDS-563115

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10 SRI M VARADARAJ S/O SRI MUNISWAMY AGED ABOUT 53 YEARS R/A NO.245, PACHAPPA SETTY STREET ANDERSONPET KOLAR GOLD FIELDS-563115

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11 SRI T H RAMAPPA S/O SRI HANUMANTHAPPA AGED ABOUT 40 YEARS R/A NO.159, II TYPE BEML NAGAR POST KOLAR GOLD FIELDS-563115

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12 SRI N VENKARASU S/O SRI NARASIAH AGED ABOUT 59 YEARS R/A NO.13, JAYANAGAR BEML NAGAR POST KOLAR GOLD FIELDS-563115

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13 SRI K THIRUPAL S/O SRI K PITCHAIAH AGED ABOUT 53 YEARS R/A NO.581, SUBASHNAGAR ROBERTSONPET KOLAR GOLD FIELDS-563115

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14 SRI MARUTHI S/O SRI BASAPPA TALWAR AGED ABOUT 42 YEARS R/A NO.389, II TYPE BEML NAGAR POST KOLAR GOLD FIELDS-563115

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15 SRI KOMAGAN S/O SRI JAYARAJ AGED ABOUT 49 YEARS R/A NO.1739, VI CROSS GOWTHAMNAGAR, ROBERTSONPET KOLAR GOLD FIELDS-563115

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16	SRI MARIARAJ SAMSON S/O SRI SAMSON AGED ABOUT 51 YEARS R/A NO.6, MAIN SHAFT LANE OORGAUM POST KOLAR GOLD FIELDS-563115
17	SRI FRANCIS XAVIER S/O SRI AROKIASWAMY AGED ABOUT 51 YEARS NO.1/A, III CROSS SUMATHINAGAR, ROBERTSONPET KOLAR GOLD FIELDS-563115
18	SRI S MANAVALAN S/O SRI SUBRAMANY, AGED ABOUT 58 YRS NO.333, WEST TOWN OORGAUM POST KOLAR GOLD FIELDS-563120
19	SRI S MUNISWAMY S/O SRI SHIVANANDA AGED ABOUT 48 YEARS NO.71, NEW MILL BLOCK OORGAUM POST KOLAR GOLD FIELDS-563120
20	SRI CHENNARAYALU S/O SRI VENKATESH AGED ABOUT 52 YEARS R/A NO.425, MV NAGAR BEML NAGAR POST
	KOLAR GOLD FIELDS-563115
21	SRI M RAJASHEKAR S/O SRI MUNISWAMY AGED ABOUT 57 YEARS R/A NO.171, HENRYS II LINE
	COROMANDL POST
	KOLAR GOLD FIELDS

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22 SRI N RAJA

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S/O SRI NARAYANASWAMY, AGED ABOUT 55 YRS R/A NO.565, SHANTHI IIIAM MV NAGAR BEML NAGAR POST

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KOLAR GOLD FIELDS-563115

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23 SRI A S WILLIAM S/O SRI ARULDOSS, AGED ABOUT 51 YRS R/A NO.630, II BLOCK ANDERSONPET KOLAR GOLD FIELDS-56113

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...PETITIONERS ( BY SRI. C PATTABI RAMAN,ADV., )

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AND :

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1 STATE OF KARNATAKA

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VIDHANA SOUDHA BANGALORE-560001 REPRESENTED BY SECRETARY TO GOVERNMENT

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2 THE DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES, KOLAR DISTRICT KOLAR

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3 THE BEML EMPLOYEES CREDIT CO OPERATIVE SOCIETY MAHARAJA ROAD ROBERTSONPET

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KOLAR GOLD FIELDS-563122

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4 DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR

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5 THE TAHSILDAR BANGARAPET TALUK BAGARAPET

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...RESPONDENTS ( BY SRI. R.B.SATHYANARAYANA SINGH, HCGP)

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THESE WRIT PETITIONS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANN-A, PASSED BY THE TAHSILDAR, BANGARPET TQ, BANGARAPET & HOLD THAT THE ORDER IS ILLEGAL, PERVERSE, ARBITRARY & OPPOSED TO LAW & IN ALTERNATIVE TO ISSUE NECESSARY DIRECTION TO THE R5-TAHSILDAR TO RECOVER THE AMOUNT FOR PAYMENT TO THE DECREE HOLDERS IN INSTALLMENTS AS IS BEING DO HITHERTO.

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THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned Government is directed to take notice for respondents.

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I have heard the learned Government

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Advocate.

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Though this matter was listed yesterday, none

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was appeared on behalf of the petitioners. As a last chance, this matter was directed to be listed today.

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The prayer made by the petitioners is for quashing of the notice issued by the Tahasildar as per Annexure-B. Anenxure-B was issued on the basis of the

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order passed by District Consumer Forum, Kolar dated 26/11/2011. The said order has been passed in Ex. No.4378/2010. The alternative prayer made in these petitions is for a direction to the Tahsildar to recover the amount for payment to the decree holders in installments. On information, the Government Advocate submits that the petitioners have already paid part payment to the Tahasildar.

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In view of the submission made by the learned Government Advocate and also the alternative prayer sought in these petitions, these petitions are disposed of by permitting the petitioners to approach the Tahasildar for necessary payment.

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Tahasildar is directed to consider the prayer made

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on behalf of the petitioners.

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Sd/-

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JUDGE

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Rms

Sri P Pushparaj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri P Pushparaj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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