IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S DIXIT WRIT PETITION No.50879/2018 (LA RES) BETWEEN ABRAHAM PERIERA (SINCE DEAD) BY HIS LRS, 1. MRS. CHRISTINE MARY PEREIRA, W/O LATE ABRAHAM PEREIRA, AGED ABOUT 69 YEARS, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST MANGALURU-574142 2. PRECILLA PEREIRA W/O HENRY D’SOUZA, AGED ABOUT 49 YEARS, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST MANGALURU-574142 3. JOYCE MATHEWS, W/O RONALD MATHEWS, AGED ABOUT 47 YEARS, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST MANGALURU-574142 4. GLADYS VEIGAS W/O IVAN VEIGAS, AGED ABOUT 42 YEARS, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST MANGALURU-574142 5. MEVIS D’SOUZA, W/O DINESH FRANKLIN D’SOUZA AGED ABOUT 36 YEARS, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST, MANGALURU-574142 6. SHAREL DISHA PEREIRA, D/O LATE ABRAHAM PEREIRA, AGED ABOUT 27 YEARS, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST, MANGALURU-574142 THE PETITIONERS NO.2 TO 6 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, MRS. CHRISTINE MARY PEREIRA, W/O LATE ABRAHAM PEREIRA, PERMANENT R/O SWAMILA PADAU, BAJPE VILLAGE, AND POST, MANGALURU-574142 ... PETITIONERS (BY MS. MAITREYI KRISHNAN, ADV.) AND LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER MANGALORE MANGALORE - 574142 DAKSHINA KANNADA. ... RESPONDENT (BY SRI. DILDAR SHIRALLI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.07.2018 IN LAC NO.45/1998 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM MANGALURU (ANNEXURE-D) AND ALLOW THE APPLICATION DATED 24.11.2016 IN LAC NO.45/1998 (ANNEXURE-C) FILED BY THE PETITIONER U/S 151 OF CPC, 1908 ETC.
THIS WRIT PETITION COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned counsel for the petitioners submits and the learned High Court Govt. Pleader does not dispute that the subject matter of this writ petition is akin to the one in W.P. No.50877/2018 which has been disposed off vide judgment dated 02.01.2019 wherein a limited relief has been granted to the petitioner in a limited way.
2. The learned counsel for the petitioners pressing into service the principle of parity submits that the petitioners herein also being similarly circumstanced are to be granted the same relief. There is force in the submission.
3. In view of the above, this writ petition succeeds in part; a Writ of Certiorari issues quashing the impugned order dated 17.07.2018 made on petitioners’ application under Section 151 of the Code of Civil Procedure, 1908 in LAC No.45/1998 pending on the file of learned II Addl.
Senior Civil Judge and CJM, Mangaluru at Annexure-D to the writ petition.
4. The matter is remanded for consideration afresh keeping in view the observations made in the connected writ petition mentioned above within a period of four weeks.
Sd/- JUDGE Chs* CT-HR