The Bench disposed of this identical writ petition by following previous decisions from the Hon'ble Supreme Court and this Court, relegating the matter for payment defaults to the Revisional Authority under Section 63.
The writ petition was disposed of in the same terms as aforementioned cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.9428 OF 2012 (LB - RES)
Between:
Sri.B.K.Hampagol, S/o Sri.Krishnanath Rao, 59 years, Quarters No.2, Fire Service Complex, Bannegatta Road, Jayanagar, Bangalore.
Working as, Deputy Director (Technical), Karnataka State Fire and Emergency Services, No.1, Annaswamy Mudaliar Road, Bangalore – 42.
... Petitioner
(By Sri.S.K.Manjunath, Advocate (Absent))
And:
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...Respondents
(By Sri.S.V.Desai, Advocate for R1; Sri.R.Srinivasa Gowda, AGA for R2 Appeared through physical hearing)
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order dated 19.04.2007/02.05.2007 vide Annexure – F and etc.,
This Writ Petition coming on for Preliminary Hearing in ‘B’ group, this day, the Court made the following:
ORDER
In an identical case, the Hon’ble Apex Court in the case of NIRMALA S.R. Vs. MYSORE URBAN DEVELOPMENT AUTHORITY in Civil Appeal No.7048/2016 AND CONNECTED MATTERS, DISPOSED OFF on 26.07.2016, had relegated the defaulters in payment to the Revisional Authority under Section 63 of the Karnataka Urban Development Authorities Act, 1987. The aforesaid judgment of the Apex Court is
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followed by the learned Division Bench of this Court in W.A.Nos.6072 to 6074 of 2015 disposed of on 06.04.2017.
Accordingly, the present writ petition is disposed of in the same terms as is made in the aforestated cases.
Sd/JUDGE
HJ
1 issue framed by the court
Whether the present identical writ petition should be disposed of in the same terms as the previous precedent cases.
Colour shows how this judgement treated each authority
NIRMALA S.R. Vs. MYSORE URBAN DEVELOPMENT AUTHORITYFollowed¶21
_NIRMALA S.R. Vs. MYSORE URBAN DEVELOPMENT AUTHORITY in Civil Appeal No.7048/2016 AND CONNECTED MATTERS, DISPOSED OFF on 26.07.2016_
W.A.Nos.6072 to 6074 of 2015Followed¶23
_W.A.Nos.6072 to 6074 of 2015 disposed of on 06.04.2017_
2 provisions across 2 enactments
B.K. Hampagol
The Commissioner, Mysore Urban Development Authority
The Secretary, State of Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
