High CourtsSingle Bench(2023) 02 KAR CK 0041

S S Lingaraju vs State Of Karnataka & Others

Karnataka High Court · Decided on 20 February 2023

HON’BLE JUDGES
Krishna S.Dixit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 9935 Of 2022 (LA-BDA)

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Judgment

7 paragraphs · 281 words

Krishna S Dixit, J

1.

The subject matter of this Writ Petition is substantially similar to the one in W.P.No.34161/2013 (LA-BDA) between SRI MUNIHANUMAIAHY, DEAD BY LRS Vs. THE STATE OF KARNATAKA & OTHERS, disposed off by a Coordinate Bench of this Court on 30.09.2013 wherein paragraph No.3 reads as under:

“It is clear from the materials on record that the petitioners have filed the representation at Annexure-E requesting the 4th respondent to pass an award in respect of the aforesaid land. It is not the case of respondent Nos.3 and 4 that they have considered the representation. Therefore, I direct the 4th respondent to consider the representation at Annexure-E in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Writ petition is accordingly disposed of. No costs.”

2.

Learned counsel for the Petitioner banks upon he Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

In the above circumstances, this Writ Petition is also disposed off granting the same relief as has been granted in the cognate writ petition to the petitioners herein mutantis mutandis.

All contentions are kept open, costs having been made easy.

It is open to the answering Respondents to solicit any information/documents from the side of the Petitioner for consideration of his Representation; however, in the guise of such solicitation, no delay shall be brooked.