Single judge allowed writ petition relying on a similar earlier decision, quashing the impugned order and extending the relief granted to the litigant in the cognate writ petition.
Impugned order set at naught; relief granted to the litigant in the cognate writ petition extended to the Petitioner herein.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.10866 OF 2022 (LR)
BETWEEN:
SRI. C.R.KARTHIK, S/O C.R.RAMASWAMY, AGED ABOUT 35 YEARS, R/O HOUSE NO.240/2, 1ST CROSS, VARADARAJAPURA, CHAMARAJANAGAR TOWN, CHAMARAJANAGAR – 571 440.
…PETITIONER
(BY SRI.NAGENDRA NAIK R., ADVOCATE)
AND:
ASSISTANT COMMISSIONER, KOLLEGALA SUB DIVISION, 5456 + JX5, SH38, KOLLEGAL TALUK, CHAMARAJANAGAR DISTRICT – 571 440.
…RESPONDENT
(BY SRI.R.SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.03.2020 VIDE PROCEEDINGS NUMBER LRF(79A-79B)CR 168(07)/2014.15 ANNEXURE - A PASSED BY THE R1 AND ETC.,
2
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this writ petition is substantially similar to the one in W.P.No.4825/2021(LR) cw W.P.No.3727/2021(LR) between SRI. MANJUNATHA E vs.
THE ASSISTANT COMMISSIONER & ANOTHER disposed off by this Court vide judgment dated 27.07.2021, wherein reprieve has been granted in terms of ultimate paragraph therein.
vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY , disposed off on 11.12.1974, has held that like cases should be treated alike and if relief is granted to a litigant, it cannot be denied to other similarly circumstanced litigants, subject to all just exceptions.
3
In view of the above, this petition is allowed; impugned order is set at naught; relief granted to the litigant in the cognate writ petition is extended to the Petitioner herein as well.
No costs.
Sd/JUDGE
DS
1 issue framed by the court
Whether relief granted in a cognate writ petition should be extended to the present petitioner based on the principle of treating like cases alike.
Colour shows how this judgement treated each authority
Sri. Manjunatha E vs. The Assistant Commissioner & anotherReferred¶18
W.P.No.4825/2021(LR) cw W.P.No.3727/2021(LR)
A.V. Vinoda & another vs. State of KarnatakaRelied on¶20
W.A.Nos.932-933/1974
Sri. C.R. Karthik
Assistant Commissioner, Kollegala Sub Division
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
