IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22417 OF 2014 (GM-CC) BETWEEN:
SRI RAJA RAO S/O NANJA RAO AGED ABOUT 58 YEARS HEGGADA HALLI VILLAGE, KUDIGE POST, MEMBER OF ZILLA PANCHAYATH KODAGU DISTRICT, MADIKERI. … PETITIONER (By Mr.VIJAYA RAGHAVA SARATHY, ADV.) AND:
1. ASSISTANT COMMISSIONER OF KODAGU DISTRICT MADIKERI-571 201 2. THE ADDITIONAL DIRECTOR GENERAL OF POLICE CIVILL RIGHTS ENFORCEMENT DIRECTORATE PALACE ROAD, BANGALORE-560 001.
3. TAHSILDAR SOMWARPET TALUK SOMWARAPET, KODAGU DISTRICT-571236.
4. SRI. K.D. SURESH S/O K.J. DUNDAPPA AGED ABOUT 37 YEARS KUDIGE VILLAGE AND POST, SOMWARAPET TALUK KODAGU DISTRICT-571 238.
5. SRI. K.D. DUNDAPPA S/O JAVARAPPA AGED ABOUT 64 YEARS R/AT KUDIGE VILLAGE, SOMWARAPET TALUK KODAGU DISTRICT-571238. … RESPONDENTS (By Mr. C. JAGADEESH, SPL COUNSEL FOR R1-3 Mr. PUNDIKAI ISHWARA BHAT ADV., FOR R4 AND C/R5 (ABSENT)) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order Annx-A, bearing Dated 17.05.2014 passed by the R-1 and impugned report Dated 24.01.2014 Bearing (Annex-N) submitted as per communication dated 17.03.2014 by the R- 2 as null and void and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Vijaya Raghava Sarathy, learned counsel for the petitioner.
Sri.C.Jagadeesh, learned Special counsel for respondent Nos.1 to 3.
2. The 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 inter alia has prayed for the following reliefs:
“i) Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned order Annexure-A, bearing No.PTCL/03/10-11, dated 17-5-2014 passed by the 1st Respondent and impugned report dated.24.01.2014 bearing No.Hy/Ja.Ve/7/ Na.Ha.Ja.Ni/My/2006 (Annexure:N) submitted as per communication dated.17-03-2014 by the 2nd Respondent as null and void;
ii) Grant such other reliefs as this Hon’ble Court deems fit in the facts and circumstance of the case including an order of costs in the interest of justice and equity.”
4. When the matter was taken up today, learned counsel for the parties jointly submitted that the issue involved in this petition is squarely covered by an order dated 22.08.2017 passed by a Bench of this Court in W.P.No.38651/2016.
5. In view of the aforesaid submissions and for the reasons assigned by a Bench of this Court and with a view to maintain parity, the impugned order dated 17.05.2014 and the impugned report dated 24.01.2014 submitted by the Assistant Commissioner are hereby quashed.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV