IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.30234 OF 2019 (GM-CPC) BETWEEN:
1. SMT.SOUMYA ARAVIND SITARAMAN W/O.SRI ARAVIND SITARAMAN AGED ABOUT 49 YEARS R/AT SY.NO.25 BEHIND HUSKALITE PANELS PVT. LTD., NIMBEKAIPURA VILLAGE VIRGO NAGAR POST BIDARAHALLI HOBLI BANGALORE EAST-560 049 2. SRI ARAVIND SITARAMAN S/O.S.SITARAMAN AGED ABOUT 56 YEARS R/AT SY.NO.25 BEHIND HUSKALITE PANELS PVT. LTD., NIMBEKAIPURA VILLAGE VIRGO NAGAR POST BIDARAHALLI HOBLI BANGALORE EAST-560 049 (REPRESENTED BY GPA HOLDER) SMT.SOUMYA ARAVIND SITARAMAN 3. USHA KRISHNASWAMY W/O.KRISHNASWAMY AGED ABOUT 72 YEARS NO.5, BEACH ROAD 5 PENTA VISTA APARTMENTS KALAKSHETRA COLONY CHENNAI-600 090 (REP. BY GPA HOLDER) SMT.SOUMYA ARAVIND SITARAMAN … PETITIONERS (BY SRI SHREYAS JAYASIMHA, ADVOCATE) AND:
MINOR IRRIGATION PROJECT DEPARTMENT 5TH FLOOR, BDA COMPLEX JAYANAGARA 4TH BLOCK BANGALORE-560 041 REPRESENTED BY ITS IRRIGATION OFFICER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.02.2018 (ANNEXURE-K) PASSED BY THE PRINCIPAL CIVIL JUDGE (JR.DN.), BANGALORE RURAL, BANGALORE (CURRENTLY BEFORE I ADDITIONAL CIVIL JUDGE (JR.DN.) BANGALORE RURAL AT BANGALORE) IN OS.NO.484/2010 ON IA.NO.5 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER No ground is made out for granting indulgence in the matter since the documents are returned to the petitioners subject to condition that they shall produce the same if and when Court calls. Such an order being a product of exercise of discretion cannot be a subject matter scrutiny under Article 227 of the Constitution of India as held by the Apex Court in the case of the TRIMBAK GANGADHAR TELANG AND ANOTHER VS. RAMCHANDRA GANESH BHIDE AND OTHERS, AIR 1977 SC 1222, para 3, in the absence of any tangible prejudice, being shown thereby.
Accordingly, the writ petition is disposed off.
Sd/- JUDGE KTY