IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 15TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.1988 OF 2015 (LB-RES) BETWEEN:
SRI M.P AMARNATH SON OF LATE C PUTTAIAH AGED ABOUT 49 YEARS RESIDING AT NO.535/D NORTH-EAST END MARUTHI KRUPA N R MOHALLA, MYSURU-570035.
... APPELLANT (BY SRI. SHIVARAMA BHAT O, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA KARNATAKA GOVERNMENT SECRETARIAT BENGALURU - 560 001.
2. THE COMMISSIONER MYSURU URBAN DEVELOPMENT AUTHORITY J.B. ROAD MYSURU -570 005.
... RESPONDENTS (BY SMT. R ANITHA, HCGP. FOR RESPONDENT No.1 SRI. G B SHARATH GOWDA, ADVOCATE FOR RESPONDENT No.2) THIS APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.43542/2011 DATED 18/01/2014.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT There is a delay of 504 days in filing the appeal. The affidavit filed in support of the application was not accepted, therefore, a better affidavit has been filed by the appellant. It is stated therein that the appellant was unwell and was advised not to travel for six months. Thereafter, he took time to recover.
2. The reason assigned, constitutes sufficient cause.
Hence the delay in filing the appeal is condoned.
3. The plea of the appellant is that he may be granted the same relief as granted by the Hon’ble Supreme Court in S.L.P. (C) Nos.31884 of 2014.
4. There is no objection by the respondents.
5. Hence following the aforesaid judgment of the Hon’ble Supreme Court cited supra, the impugned order dated 18.01.2014 passed by the learned Single Judge in W.P.No.43542 of 2011 is set aside. The writ appeal is disposed off in terms of the directions issued by Hon’ble Supreme Court in the aforesaid judgment.
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JUDGE JUDGE NG*CT:bms