The Karnataka High Court disposed of a review petition filed to challenge orders of the Special Deputy Commissioner. The court held that the matter need not be entertained as the grievance would be subsumed in an ongoing writ appeal.
The review petition was disposed of observing that the grievance would be subsumed in the pending writ appeal.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
REVIEW PETITION NO.144/2021
BETWEEN :
ELECTRONIC CITY POLICE STATION BENGALURU-560100 REPRESENTED BY THE POLICE INSPECTOR
... PETITIONER
(BY SRI.S.RAJASHEKAR, AGA.)
AND :
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BOTH RESPONDENT NOS.3 AND 4 ARE RESIDING AT MEENAKSHI LAYOUT, KAMMASANDRA MAIN ROAD, ELECTRONIC CITY POST, BENGALURU-560 100
NOW THEY ARE RESIDING AT NO.40/45, 2ND FLOOR, 2ND MAIN ROAD, CHOLA NAGAR, R.T.NAGAR, BENGALURU-560 024.
...RESPONDENTS
(BY SRI.REUBEN JACOB, ADVOCATE FOR R1 & R2, NOTICE TO R3 & R4 IS WAIVED, SRI R.SRINIVASA GOWDA, AGA FOR R5)
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 23.11.2020 PASSED BY THIS HON'BLE COURT IN WP NO.30052/2019, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
The learned Government Advocate,
Sri.S.Rajashekar, and Sri.Reuben Jacob, the learned counsel for the contesting first and second respondents, are heard and the records perused.
(i) the order dated 04/18.07.2008 in LND (S) CR.989/2007-08, and
(ii) the order dated 18.11.2015 in RRT(2)CR/2/2015-16.
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W.P.No.13581/2008 remanding the case for
reconsideration.
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writ appeal is pending adjudication. The petitioner is constrained to file this review petition because it could be urged on behalf of the contesting respondents before the Division Bench that such writ appeal should be confined to the merits of the order dated 04/18.07.2008 in LND (S) CR.989/2007-08 (which is challenged in W.P.No.13581/2008) and the petitioner has accepted the Special Deputy Commissioner’s subsequent order dated 18.11.2015 in RRT(2)CR/2/2015-16 with the disposal of the writ petition in W.P.No.30052/2019.
the petitioner's grievance even as against the Special
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Deputy Commissioner's later order dated 18.11.2015 in RRT(2)CR/2/2015-16. Therefore, there is no reason for this Court to entertain the review petition because of the apprehension canvassed.
The review petition is disposed of accordingly.
SD/JUDGE
BSR
1 provisions across 1 enactments
Electronic City Police Station Bengaluru-560100 Represented by the Police Inspector
Sri. R. Selvaraju
Sri. M. Selvaraj
Sri. V. M. Muninanja Reddy @ M.N.R.Mddy
Smt. Lalithamma
The Special Deputy Commissioner Bengaluru South Division
B. M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
