Writ petition filed to quash orders regarding land sought to be restored to the petitioner. The court granted liberty to withdraw the petition and file a fresh one to cure defects, then disposed of the matter accordingly.
Liberty to withdraw this petition and file a fresh one to cure defects. Petition disposed of accordingly.
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 14TH DAY OF JULY 2022
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO.6731/2022 (SC/ST)
BETWEEN :
SRI. CHANDRAPPA S/O HANUMANTHAPPA, AGED ABOUT 46 YEARS, R/AT B K PALYA, BENGALURU NORTH TALUK.
... PETITIONER
(BY SRI. ARAVIND D UPADHYE, ADVOCATE)
AND :
2
BENGALURU NORTH TALUK, 560 092.
RESPONDENTS 7 TO 11 ARE
3
R/O NO 1034, SHREYAS, 31ST CROSS, 1ST STAGE, KUMARASWAMY LAYOUT, BENGALURU - 560 078.
... RESPONDENTS
(BY SRI.G.M. CHANDRASHEKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER NO. K.SC.ST.127/2012-13 DATED 20.04.2015 VIDE (ANNEXURE-F) PASSED BY THE R-2 AND THE ORDER IN SC.ST (APPEAL) 114/2016-17 DATED 26.11.2021 VIDE ANNEXURE-G PASSED BY THE R-1 AS THE SAME ARE ILLEGAL, ARBITRARY AND CONTRARY TO SECTION 4 AND 5 OF THE PTCL ACT, CONSEQUENTLY QUASHING THE ORDERS DIRECT THE R-1 TO R-2 TO RESTORE THE LAND IN FAVOUR OF THE PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
4
ORDER
Upon hearing Sri Aravind D. Upadhye, the learned counsel for the petitioner, and Sri G.M.Chandrashekar, the learned Additional Government Advocate who accepts notice for the first to third respondents, and on perusal of the impugned orders and array of the parties in the present proceedings as also the affidavit filed on 27.6.2022, this Court is of the considered view that the petitioner must be granted liberty to withdraw the petition and to file fresh petition so that all the defects are cured without too many amendments. The petition therefore stands disposed of accordingly.
The registry is directed to return the certified copies to the learned counsel for the petitioner.
SD/- JUDGE
SA/Ct:sr
1 provisions across 1 enactments
Sri. Chandappa S/o Hanumanthappa
The Deputy Commissioner Bengaluru Urban District
The Assistant Commissioner Bengaluru North Sub Division
The Tahasildar Bengaluru North (Upper) Taluk
Sri C H Venkateshwara Rao
Sri Rajagopal S/o Late C G Janardhana Reddy
B. M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
