IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 PRESENT THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL Nos. 1748-1753/2015 (KLR-RES) BETWEEN 1. Smt. Kariyamma W/o. Late. Guddappa, Aged about 70 years 2. Sri. Abdul Rehaman. S/o. Late Abdul, Aged about 72 years, 3. Sri. Bettaswamy, S/o. Late Sannappa, Aged about 72 years, 4. Smt. Sharapunisha, W/o. Late. Inayath, Aged about 62 years 5. Smt. Sharadamma, W/o. Late. Hanumanthaiah, Aged about 72 years 6. Sri.Gopal, S/o. Late Chiakkathimmaiah, W/o. Late. Narasimhaiah, Aged about 60 years, …2 All are R/at Kaniminike Village, Kengeri Hobli, Bangalore South Taluk, Bangalore – 571 824.
(By Sri./Smt : X.M. JOSEPH., Advocate) AND 1. The State of Karnataka, Department of Revenue, M.S.Building, Bangalore – 560 001 By its Secretary.
2. The Special Deputy Commissioner, Bangalore District, Bangalore-560 001.
3. The Assistant Commissioner, Bangalore South Sub-Division, Bangalore – 560 001.
4. The Thasildar, Bangalore South Taluk, Bangalore – 560 009.
5. The Bangalore Development Authority, T.Chowdaiah Road, Kumara Park, Bangalore – 560 020, Represented by its Chairman 6. Hombala Infrastructure Projects LLP, Represented by its Managing Director, Vijayakumar T.
S/o. Thimmegowda, Aged about 40 years, Office at 1312, 11th Main, Vijayanagar, Bangalore – 560 040.
... APPELLANTS ... RESPONDENTS These Writ Appeals are filed U/S 4 of the Karnataka High Court Act praying to set aside the order passed in the Writ Petition 18681-18686/2013 c/w WP No. 46376/2013 dated: 01/06/2015.
These Writ Appeals coming on for orders this day the court made the following order.
ORDERS ON I.A. NOS.1 AND 2 OF 2017 On June 14, 2016, this Court granted two weeks time to the appellants to comply with the office objections. In default, it was directed that the writ appeals would stand dismissed.
Since the office objections were not complied within the time specified, the writ appeals were dismissed.
An application is filed for recalling the said order along with an application for condonation of delay in filing such application for recalling.
After hearing Mr.X.M.Joseph, learned advocate appearing in support of the application for recalling and the application for condonation of delay in filing such application for recalling, we are satisfied that the appellants were prevented by sufficient cause from complying with the office objections in time.
The delay in filing the recalling application is condoned.
The order dated June 14, 2016, is recalled.
The writ appeals are restored to their original files and numbers. The application stand allowed.
There will be no order as to costs.
ORDERS IN THE MAIN MATTERS Three weeks’ time is granted to comply with the office objections, peremptorily.
In default, the writ appeals shall stand dismissed without further reference to the Bench.
Sd/- CHIEF JUSTICE Sd/- JUDGE T By: JAY C By: R R By: JAY COPY Sd/-