IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.2090-91 OF 2013 C/W WRIT PETITION NO.51865 OF 2013 (GM-RES) IN WRIT PETITION NOs.2090-91 OF 2013 BETWEEN:
1. SRI M.T.KRISHNAPPA AGED ABOUT 70 YEARS S/O LATE THIMMAIAH PUNITH HOTEL COMPLEX BANGALORE-MYSORE ROAD MANDYA-571 401 2. SRI DANANJAYA AGED ABOUT 40 YEARS S/O M.T.KRISHNAPPA PUNITH HOTEL COMPLEX BANGALORE-MYSORE ROAD MANDYA-571 401 … PETITIONERS (BY MR.P.S.MANJUNATH & MR.T.P.VIVEKANANDA, ADVOCATES) AND:
1. STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT HOME DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 2. SRI C.P.NAVEEN, MAJOR, FATHER’S NAME NOT KNOWN TO THE PETITIONERS SUB-INSPECTOR OF POLICE SARGUR POLICE STATION H.D.KOTE TALUK MYSORE-570 001 3. SRI V.GOPINATH AGED ABOUT 46 YEARS S/O LATE B.G.VENKATAPPA KODIYALA VILLAGE ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571 401 … RESPONDENTS (BY MR.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 MR.T.K.NAGESH KUMAR, ADV. FOR R-2 MR.PRANESH CHANDRA, ADV. FOR R-3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 AND R2 JOINTLY AND SEVERALLY PAY COMPENSATION OF RS.2.00 LAKHS EACH TO THE PETITIONERS RECOVERABLE FROM THE R2 FROM OUT OF HIS SALARY BY THE R2 AND ETC.
IN WRIT PETITION NO.51865 OF 2013 BETWEEN:
SRI.V.GOPINATH S/O LATE B.G.VENKATAPPA AGED ABOUT 49 YEARS R/OF KODIYALA VILLAGE ARAKERE HOBLI, SRIRANGAPATTANA TALUK MANDYA DISTRICT-571 415 … PETITIONER (BY MR.T.K.NAGESH KUMAR, ADV.) AND:
1. STATE OF MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS REPRESENTED BY ITS SECRETARY (CRIMES) VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE-560 001 2. THE DIRECTO FOR PUBLIC PROSECUTION CAUVERY BHAVAN, K.G.ROAD BANGAALORE-560 009 3. SRI M.T.KRISHNAPPA S/O LATE THIMMAIAH AGED ABOUT 63 YEARS OWNER OF HOTEL PUNEETH & SCOOTER STAND NEAR KSRTC BUS STAND, MANDYA MANDYA-571 401 4. SRI DHANANJAYA S/O M.T.KRISHNAPPA AGED ABOUT 51 YEARS OWNER OF HOTEL PUNEETH & SCOOTER STAND NEAR KSRTC BUS STAND MANDYA-571 401 … RESPONDENTS (BY MR.Y.D.HARSHA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 & R-2 MR.P.S.MANJUNATH, ADV. FOR R-3 & R-4) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER FOUND IN VIDE ANNEXURE-D IN ORDER NO.OE 138 2010 BANGALORE DATED:31.08.2010 PASSED BY THE 1ST RESPONDENT AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.P.S.Manjunath and Mr.T.P.Vivekananda, learned counsel for the petitioners.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent No.1.
Mr.T.K.Nagesh Kumar, learned counsel for respondent No.2.
Mr.Pranesh Chandra, learned counsel for respondent No.3.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner is seeking for a writ of mandamus to consider the claim of the petitioner.
4. When the matter was taken up today, learned counsel for the petitioner submitted that he be granted with a liberty to make a fresh representation before the competent authority. On the other hand, learned counsel for respondent submitted that if such a representation is made by the petitioner the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation.
6. With regard to the other reliefs which have been claimed by the petitioner in W.P.No.51855/2013, the petitioner is at liberty to take recourse to such remedy as may be available to him under the law. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE SS