IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.45374 OF 2011 (GM-RES) C/W WRIT PETITION NO.45375 OF 2011 (GM-PP) WRIT PETITION NO.45374 OF 2011 BETWEEN:
1. B. ASHOK KUMAR AGED 58 YEARS S/O LATE K. SANJIVA SHRIYAN.
2. B. PRAKASH KUMAR AGED 52 YEARS S/O LATE K. SANJIVA SHRIYAN.
3. B. KISHORE KUMAR AGED 48 YEARS S/O LATE K. SANJIVA.
4. B. KIRAN AGED 44 YEARS S/O LATE K. SANJIVA SHRIYAN.
5. SMT K. SULOCHANA AGED 65 YEARS W/O LATE U. ANAND.
ALL ARE R/AT NO.33, 8TH MAIN YADAVAGIRI MYSORE 570 020.
(BY SRI. L. GOVINDRAJ, ADV.,) … PETITIONERS AND:
1. NANJARAJA BAHADUR CHOULTRY VINOBA ROAD MYSORE 570 001 REP. BY THE ADMINISTRATOR AND DEPUTY COMMISSIONER.
2. THE MANAGER NANJARAJA BAHADDUR CHATRAM VINOBA ROAD MYSORE 570 001.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE FINDINGS RENDERED ON POINTS 1 TO 5 IN THE IMPUGNED ORDER DATED 5.11.2011 MADE IN M.A. NO.12/2011 BY THE LEARNED II ADDL. DISTRICT JUDGE, MYSORE ARE NULL AND VOID VIDE ANNEXURE-J & ETC.
WRIT PETITION NO.45375 OF 2011 BETWEEN:
S.L. PRASAD S/O LATE SHAM PRASAD AGE 81 YEARS NOW R/AT. NO.17, I ‘B’ CROSS 9TH MAIN, BRINDAVAN EXTENSTION I STAGE, MYSORE-570020.
(BY SRI. L. GOVINDRAJ, ADV.,) AND:
1. NANJARAJA BAHADUR CHOULTRY VINOBA ROAD MYSORE 570 001 … PETITIONER REP. BY THE ADMINISTRATOR AND DEPUTY COMMISSIONER.
2. THE MANAGER NANJARAJA BAHADDUR CHATRAM VINOBA ROAD MYSORE 570 001.
… RESPONDENTS (SMT.NILOUFER AKBAR, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO DECLARE THAT THE FINDINGS RENDERED ON POINTS 1 TO 5 IN THE IMPUGNED ORDER DATED 5.11.2011 MADE IN M.A. NO.11/2011 BY THE LEARNED II ADDL. DISTRICT JUDGE, MYSORE ARE NULL AND VOID VIDE ANNEXURE-J & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.L.Govindraj, learned counsel for the petitioners.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 and 2.
These petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In these petitions, the petitioners seek for a writ of certiorari for quashment of the finding rendered on point Nos.1 to 5 in the impugned orders dated 05.11.2011 passed by II Additional District Judge, Mysuru in M.A.No.12/2011 and M.A.No.11/2011 respectively.
3. When the matter was taken up today, learned counsel for the petitioners while inviting the attention of this Court to paragraph No.32 and paragraph No.35 of the impugned orders respectively submitted that since the competent authority itself had granted permission to withdraw the petition, on the request of respondent itself by order dated 26.11.2010, the appellate authority was not required to deal with the issue on merits as nothing survived for adjudication.
4. On the other hand, learned Additional Government Advocate submitted that respondent No.1 be granted liberty to take action afresh, if so advised, against the petitioners in accordance with law for their eviction.
5. In view of the aforesaid submissions and taking into account the fact that the proceedings for eviction was permitted to be withdrawn by the competent authority on the request of respondent itself by order dated 26.11.2010, the writ petitions are disposed of with liberty that in case respondent applies a fresh petition for eviction of the petitioners in accordance with law, the competent authority shall decide the proceedings without being influenced by the observations made in the impugned orders dated 05.11.2011 on point Nos.1 to 5.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE dn/-