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 WRIT PETITION NO.420 OF 2010 AND WRIT PETITION Nos.1346-1348 OF 2010 (LR) BETWEEN:
SRI M ASHOK KUMAR AGED ABOUT 60 YEARS S/O. SRI.M.S.G SETTY NO.2438, KUMARA KRUPA 9TH MAIN BANASHANKARI 2ND STAGE BENGALURU-560 070.
SINCE DEAD BY LRS 1. MR. M. KIRAN KUMAR S/O. LATE MR. M. ASHOK KUMAR AGED ABOUT 39 YEARS RESIDING AT NO.2438, KUMARA KRUPA 9TH MAIN BANASHANKARI 2ND STAGE BENGALURU-560 070.
2. MRS. LATHA M ASHOK KUMAR W/O LATE MR. M. ASHOK KUMAR AGED ABOUT 61 YEARS RESIDING AT NO.2438, KUMARA KRUPA 9TH MAIN BANASHANKARI 2ND STAGE BENGALURU-560 070.
3. MR. M. CHETAN S/O. LATE MR. M. ASHOK KUMAR AGED ABOUT 35 YEARS RESIDING AT NO.2438, KUMARA KRUPA 9TH MAIN BANASHANKARI 2ND STAGE BENGALURU-560 070.
…PETITIONERS (BY SRI. C.K. NANDA KUMAR, ADV. FOR SRI RAMAMURTHY BY HARSHA AND CO.) AND:
STATE OF KARNATAKA BY ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION BENGALURU. ...RESPONDENT (BY SRI. S.S.MAHENDRA, AGA) **** THESE WRIT PETITIONS ARE FILED UNDER SECTIONS 226 AND 227 OF THE CONSTITUTION OF INDIA. PRAYING TO QUASH THE ORDER AT ANNEX-A DT. 6.10.2009 OF THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO. 953/2007, 1020/07, 1022 AND 1023/07.
THESE PETITIONS COMING ON FOR HEARING THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
ORDER Against the common order passed by the Karnataka Appellate Tribunal writ petitions have been filed in W.P.No.27337/2010 and connected matters. The writ petitions referred have been disposed of on 09.09.2017 remanding the matter to the Appellate Tribunal for fresh consideration. The present writ petitions were preferred against the order passed in Appeal No.953/2007 which were not connected.
2. Learned counsel for the petitioners submits that since the common order has been passed, these petitions also to be disposed of with a similar order.
3. Learned Government Advocate submits that the connected writ petitions have been disposed of by remanding the matter and these petitions also may be disposed of with a similar order.
4. We have heard the learned counsel for both the parties.
5. Since in the common order writ petitions have been disposed of remanding the matter in respect of Appeal Nos.1020 and 1023 of 2007 whereas the same has not been done in respect of the Appeal No.953/2007, we feel that it is appropriate to dispose of these petitions with a similar order. Hence we pass the following ORDER The writ petitions are allowed accordingly.
The common order passed in Appeal No.953/2007 is set aside and matter is remanded to the KAT for fresh consideration in accordance with law.
Sd/- JUDGE Sd/- JUDGE ykl