IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR W.A. NO. 1584 OF 2015 (S-RES) BETWEEN:
SRI. KRISHNAPPA S/O ERAPPA, AGED ABOUT 40 YEARS R/AT NO.27, J.V.ARCADE GROUND FLOOR, KALPANA CHAWLA ROAD, R.M.V. EXTENSION, BHOOPASANDRA SANJAYNAGAR, BENGALURU-560 094. …APPELLANT (BY SRI. CHANDRASHEKAR, ADV. FOR SRI. PRABHUGOUD B TUMBIGI, ADV.) AND:
1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) N.R.SQUARE BENGALURU-560 094.
2. THE DEPUTY COMMISSIONER (ADMINISTRATION) BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) N.R.SQUARE, BENGALURU-560 094.
3. THE PUBLIC WORKS DEPARTMENT GOVERNEMNT OF KARNATAKA M.S.BUILDING, BENGALURU. REPRESENTED BY ITS SECRETARY.
...RESPONDENTS (BY SRI. S.S. MAHENDRA-AGA FOR R-3 SRI. R. RAMACHANDRAN, ADV. FOR R1 & R2, SRI. PRASHANTH, S.H. ADV. FOR R-1, R-2) **** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING CALL FOR RECORDS IN WRIT PETITION NO.5903/2015 AND SET ASIDE THE ORDER DATED 04.03.2015 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY ALLOW W.P.NO.5903/2015 AS PRAYED FOR; AND PASS SUCH OTHER ORDERS AND FURTHER ORDERS AS THIS HON’BLE COURT MAY DEEM FIT, IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
JUDGMENT Against the order passed in WP No.5903/2015 dated 04.03.2015 resulting in dismissal of writ petition this appeal has been filed. Appellant has filed IA 1/2016 for amendment of additional facts, grounds and prayer in the writ petition and it is his submission that the IA 1/2016 to be considered while considering the prayer in the Writ Petition.
2. We have heard the learned counsel for the appellant. From IA 1/2016 it is found that if amendment is considered it goes into the root of the matter. If that is the case, the prayer of the petitioner to be accepted. Therefore, we find and hold that it is appropriate to set aside the order by restoring the writ petition.
3. IA 1/2016 filed for amendment by incorporating additional facts, grounds and prayer in the writ petition is also allowed. The writ petition is kept open. It is for the learned Judge to pass appropriate orders in accordance with law.
4. With this observation, the appeal stands disposed of.
Sd/- JUDGE Sd/- JUDGE ykl