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2025 DAILYLAW 16850 (KAR)

SRI. SRINATH. K. N. v. THE DEPUTY COMMISSIONER

WP/5110/2024 · 2025-07-08

E S Indiresh

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:24699 WP No. 5110 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5110 OF 2024 (LR) BETWEEN: 1. SRI. SRINATH. K. N. S/O. K. NANJUNDAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO. 53, KANASU, 5TH CROSS, 1ST MAIN, PF LAYOUT, NEAR MARUTHI MANDIRA, VIJAYANAGARA, BENGALURU-560 040. …PETITIONER (BY SMT. NISHMITHA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, D.C. OFFICE BUILDING, BENGALURU-560 009. 2. SRI. P. MUNISWAMY S/O. LATE PILLAPPA, AGED ABOUT 66 YEARS, RESIDING AT MADAPPANAHALLI VILLAGE, KUGOOR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU-562 125. 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, BENGALURU-560 009. 4. THE TAHASILDAR ANEKAL TALUK, BENGALURU URBAN DISTRICT, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24699 WP No. 5110 of 2024 BENGALURU-562 125. 5. SMT. GIRIJA. K. N. D/O. K. NANJUNDAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO. 53, KANASU, 5TH CROSS, 1ST MAIN, PF LAYOUT, NEAR MARUTHI MANDIRA, VIJAYANAGARA, BENGALURU-560 040. 6. SMT. GEETHA. K. N. D/O. K. NANJUNDAIAH, AGED ABOUT 48 YEARS, RESIDING AT NO. 53, KANASU, 5TH CROSS, 1ST MAIN, PF LAYOUT, NEAR MARUTHI MANDIRA, VIJAYANAGARA, BENGALURU-560 040. 7. SMT. SHYLA. C. N. D/O. K. NANJUNDAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO. 53, KANASU, 5TH CROSS, 1ST MAIN, PF LAYOUT, NEAR MARUTHI MANDIRA, VIJAYANAGARA, BENGALURU-560 040. 8. SRI. VENKATAPPA. P S/O. LATE PILLAPPA, AGED ABOUT 63 YEARS, RESIDING AT MADAPPANAHALLI VILLAGE, KUGOOR POST, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU-562 125. …RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA FOR R-1, 3 & 4; SRI. P.B.RAJU., ADVOCATE FOR R-2 & R-8; NOTICE TO R-5 TO 7 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 02/01/2024 IN RP 240/2022 PASSED BY THE R1 PRODUCED IN ANNEXURE-J, ETC. - 3 - HC-KAR NC: 2025:KHC:24699 WP No. 5110 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 02.01.2024 in RP No.240 of 2022 on the file of the respondent No.1 (Annexure-J). 2. I have heard Smt. Nishmitha, learned counsel appearing for the petitioner and Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent-State and Sri. P.B. Raju, learned counsel appearing for the respondent Nos. 2 and 8. 3. Sri. V. B. Shivakumar, learned counsel for impleading applicant has filed IA No.1 of 2025 to implead proposed applicant as respondent No.9, stating that petitioner herein has sold the schedule land under a registered Sale Deed dated 06.06.2022, and a copy of - 4 - HC-KAR NC: 2025:KHC:24699 WP No. 5110 of 2024 which is produced Annexure-B to the impleading application. 4. Having taken note of the averments made in the writ petition make it clear that, the petitioner herein has suppressed the sale of the property made on 06.06.2022 and the writ petition of the year 2024 and in that view of the matter, the writ petition does survive for consideration as the petitioner is no longer hold any existing right over the subject property. Furthermore, the suppression of such a material fact disentitles the petitioner from seeking equitable relief under Articles 226 and 227 of the Constitution of India. Accordingly, the writ petition is dismissed. In that view of the matter, IA No.1 of 2025 filed for impleading the applicant, stands disposed of. Sd/- (E.S.INDIRESH) JUDGE SB: List No.: 1 Sl No.: 19