IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.32593/2017 (LR-RES) BETWEEN SMT. JAYALAKSHMI AGED ABOUT 39 YEARS D/O DODEGOWDA R/AT M.KANNENAHALLY VILLAGE HAMPAPURA HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT. ... PETITIONER (By Sri B.S.NAGARAJ, ADV.) AND 1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, DR AMBEDKAR VEEDI, BANGALORE-560 001.
2. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION HUNSUR-571 105.
3. THE TAHSILDAR H.D.KOTE TALUK MYSORE DISTRICT. ... RESPONDENTS (By Smt.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD:4.7.2017 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, AT BENGALURU IN MISC.PETITION NO.12/2017 IN SO FAR AS IMPOSING COST OF RS.10,000/- WHILE ALLOWING MISC.PETITION NO.12/2017 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. This writ petition is filed challenging the order dated 04.07.2017 passed by the Karnataka Appellate Tribunal imposing costs of `10,000/- while restoring Appeal No.566/2011 that had been dismissed for default.
2. Though the Tribunal in its discretion has found it fit to impose `10,000/- as costs for recalling the order of dismissal and restoring the appeal on its file, as rightly contended by the learned counsel for petitioner, petitioner had earlier participated in the proceedings and had addressed arguments and the matter had been posted for arguments of the State representative. However, that does not absolve the obligation of the petitioner to appear before the Court to participate in the proceedings until the case was disposed of. Therefore, it cannot be said that imposition of costs was wholly unwarranted. However, keeping in mind the submission made by the learned counsel for petitioner that petitioner is an agriculturist and is finding it difficult to pay such huge costs in a sum of `10,000/-, I find that in the ends of justice the amount of costs awarded deserves to be modified.
3. Hence, this writ petition is allowed in part. Costs imposed against the appellant/petitioner herein is reduced to `2,000/-. The same shall be paid to the Prime Minister’s National Relief Fund within two weeks from today. Rest of the order passed by the Tribunal stands unaltered.
Sd/- JUDGE PKS