Allowed

Sri Tamil Arasan v. the State of Karnataka

Karnataka HC1 Sept 2021WP/15991/2021

Case brief

AI extract

What is this about?

This Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India to quash an order passed in a revenue matter. The Court relied on prior decisions to set aside the order because it was passed by a Deputy Commissioner of the KAS cadre instead of the required IAS cadre.

What did the court decide?

Impugned order dated 08.03.2021 is set aside and matter remitted to Deputy Commissioner of IAS Cadre; writ petition allowed.

Sri Tamil Arasan Vs the State of Karnataka — Civil Procedure and Limitation | Karnataka HC (2021)

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WP NO.15991/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1ST DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.15991/2021 (KLR-RES)

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BETWEEN:

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SRI TAMIL ARASAN S/O MUTTU SWAMY AGED ABOUT 46 YEARS R/AT NO.11/1 3RD CROSS 1ST MAIN 3RD CROSS GANGAMMA LAYOUT BOMMANAHALLI BANGALORE 68

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ALLAH BAKASH S/O MOHAMMED USMAN AGED ABOUT 47 YEARS NO.5 5TH CROSS 9TH MAIN SHAMANNA NAGAR BANGALORE SOUTH BANGALORE 560 026

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...PETITIONERS

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(BY SRI AKBAR B.R., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS SECRETARY TO REVENUE DEPARTMENT M S BUILDING BANGALORE 560001

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THE SPECIAL DEPUTY COMMISSIONER -2 BENGALURU SOUTH SUB-DIVISION BENGALURU DISTRICT 560 009

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WP NO.15991/2021

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THE TAHSILDAR ANEKAL TALUK ANEKAL 562 106

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… RESPONDENTS

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(BY SRI R. SRINIVAS GOWDA, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 08.03.2021 PASSED ON THE FILE OF THE SPECIAL DEPUTY COMMISISONER - 2 BENGALURU SOUTH SUB-DIVISION, BENGALURU DISTRICT AT BENGALURU I.E, R2 VIDE ANNEXURE-K TO THE WRIT PETITION.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The objections raised by the Registry not coming in the way of taking up the above matter for consideration, the matter is taken up.

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Sri R. Srinivas Gowda, Learned AGA accepts notice for respondent Nos.1 to 3.

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Sri Akbar B.R., learned counsel for petitioners would submit that the impugned order has been passed by the Deputy Commissioner of KAS cadre and not IAS cadre.

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WP NO.15991/2021

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In view of the decision of the Division Bench of this Court in WP.No.10850/2021 dated 08.07.2021 as also the decision of the Co-ordinate Bench of this Court in WP.No.3910/2021 and connected matters dated 26.07.2021, the impugned order is set aside. The matter is remitted to the Deputy Commissioner of IAS Cadre for consideration afresh after issuance of fresh notice to all stake holders.

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All contentions are kept open.

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The order dated 08.03.2021 passed in RRT(2)(A)C.R.38/2019-2020 by respondent No.2 at Annexure – K is quashed.

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Writ petition is allowed.

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Sd/JUDGE

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KTY

Sri Tamil Arasan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Tamil Arasan v. the State of Karnataka

Case brief

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