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Sri Narayana Reddy v. the Assistant Commissioner

Karnataka HC31 Oct 2023WP/13157/2022

Case brief

AI extract

What is this about?

Petitioner sought writ to quash an order by the Assistant Commissioner regarding a dispute. The petitioner argued that the petitioner's father, the actual applicant, died during the pendency of the petition, rendering the petition infructuous and directing that a deposited sum be released to the mother.

What did the court decide?

Impugned order quashed. Petitioner directed to ensure deposit of Rs. 1,40,000 released to the deceased's mother, Smt. Muneeramma.

Sri Narayana Reddy Vs the Assistant Commissioner — Property and Title | Karnataka HC (2023)

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1 - NC: 2023:KHC:38580 WP No. 13157 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 31^ST DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13157 OF 2022 (GM-RES)

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BETWEEN:

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SRI. NARAYANA REDDY, S/O PAPAREDDY, AGED ABOUT 62 YEARS, R/A BHODANAHOSAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 560 067.

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…PETITIONER

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(BY SRI. N. KUMAR, ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA - 561 203.

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SRI. PAPAREDDY, S/O NARAYANA REDDY, AGED ABOUT 89 YEARS, R/A BHODANAHOSAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 560 067. …RESPONDENTS

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(BY SMT. SPOORTHY HEGDE, HCGP FOR R1; SRI. G.A. VISWANATHA REDDY, ADVOCATE FOR R2)

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2 - NC: 2023:KHC:38580 WP No. 13157 of 2022

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.06.2022 IN DISPUTE NO.S.C.A.S.R.18/2019 PASSED BY THE R1 VIDE ANNEXURE-F AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the following prayer:

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"(1) Issue a Writ in the nature of certiorari by quashing the order dated 20.06.2022 in Dispute No. S.C.A.S.R.:18/2019 passed by the 1st Respondent vide Annexure - F.

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(2) To Grant such other relief or relief's as this Hon'ble Court deems fit under the above said circumstances and situation of the case to meet the ends of Justice and Equity."

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Heard Sri. N. Kumar, learned counsel appearing for

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the petitioner, Smt. Spoorthy Hegde, learned HCGP appearing for respondent No.1 and Sri. G.A. Viswanatha Reddy, learned counsel appearing for respondent No.2.

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NC: 2023:KHC:38580 WP No. 13157 of 2022

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The petition calls in question an order passed by the Assistant Commissioner in terms of the Act this Court entertaining the petition had granted an interim order of stay.

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The learned counsel appearing for the petitioner submits that during the pendency of the petition, the applicant before the Assistant Commissioner i.e. the father of the petitioner dies on 04.09.2023. Therefore, the very purpose for which the Assistant Commissioner had passed the order would

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not survive any longer. He would also submit that pursuant to the direction of this Court a deposit of Rs.1,40,000/- had been made and same be returned to his mother, the wife of the deceased.

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A perusal at the order of the Assistant Commissioner would indicate that the mother, wife of the deceased is living with the petitioner. Therefore, the amount in deposit in the aforesaid circumstance shall be released in favour of the mother of the deceased, one Smt. Muneeramma, after due verification.

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NC: 2023:KHC:38580 WP No. 13157 of 2022

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The petition in the aforesaid circumstance becomes

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infructuous. As a matter of form, the impugned order stands quashed.

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Ordered accordingly.

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Sd/JUDGE

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JY List No.: 1 Sl No.: 90 CT: BHK

Sri Narayana Reddy v. the Assistant Commissioner

Case brief

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Sri Narayana Reddy v. the Assistant Commissioner

Case brief

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