The High Court of Karnataka dismissed a writ petition under Article 226. While it rejected the plea to quash the impugned orders, it granted liberty to the petitioners to pay the requisite court fee within one month to continue the underlying suit.
Writ petition dismissed; liberty granted to pay court fee within one month to continue trial.
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.
NC: 2024:KHC:21922 WP No. 10862 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.10862 OF 2024 (GM-CPC)
BETWEEN:
W/O. LATE GUDADARANGAPPA AGED ABOUT 57 YEARS,
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
ALL ARE R/AT HOSURU VILLAGE GOWDAGERE HOBLI, SIRA TALUK TUMAKURU DISTRICT-572 101.
…PETITIONERS
(BY SRI GIRISH B. BALADARE, ADVOCATE)
AND:
NC: 2024:KHC:21922 WP No. 10862 of 2024
BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, O AND M CIRCLE OLD KOTHI THOPU ROAD TUMAKURU-572 101.
…RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1; NOTICE TO R.2 IS DISPENSED WITH VIDE COURT ORDER DATED 19.06.2024.)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTIONS OR ORDER QUASHING THE ANNEXURE-F THAT THE ORDER DATED 10.10.2022 PASSED BY THE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC., AT TUMAKURU IN P.MISC.NO.3/2020, AND ANNEXURE-J THAT IS THE ORDER DATED 16.11.2023 PASSED BY THE VII ADDITIONAL DISTRICT JUDGE AT TUMAKURU IN M.A.NO.57/2022, IN THE INTEREST OF JUSTICE AND EQUITY, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
indigent persons with a prayer to award damages. That they have made necessary application to exempt them from paying the necessary Court fee. However, the trial Court on the ground that the petitioners have received compensation of Rs.1,00,000/- (Rupees One Lakh only) from the Government and they are liable to pay only Rs.62,125/- towards Court fee has rejected the said application. The petitioners submits that they are willing to pay the necessary Court fee if one month time is granted.
ORDER
i. The writ petition is hereby dismissed.
ii. However, liberty is granted to the petitioners
to pay the necessary Court fee before the trial
NC: 2024:KHC:21922 WP No. 10862 of 2024
Court within a period of one month from today and continue the proceedings before the trial
Court.
Sd/JUDGE
VMB List No.: 1 Sl No.: 27
2 issues framed by the court
Whether to entertain a writ petition praying to quash orders where the petitioners seek liberty to pay court fees within a month.
Whether an affidavit stating willingness to pay court fees if time is granted warrants dismissal of the writ petition.
1 provisions across 1 enactments
Sakamma
Rangaswamy
Sharadamma
The Deputy Commissioner Tumakuru
The Executive Engineer KaryA and Palana Circle
Bengaluru Electricity Supply Company Limited
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
