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2025 DAILYLAW 3259 (KAR)

YAMANAPPA S/O RAJAPPA MYADAR v. THE DEPUTY COMMISSIONER

WP/100687/2025 · 2025-02-01

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2027 WP No. 100687 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100687 OF 2025 (LB-RES) BETWEEN: YAMANAPPA S/O. RAJAPPA MYADAR AGE. 74 YEARS, OCC. BANBOO MERCHANT, R/O. ISLAMPUR, GANGAVATHI, DIST. KOPPAL-583231, (PETITIONER IS NOT CLAIMING THE BENEIFT OF SENIOR CITIZEN). …PETITIONER (BY SRI. C.R.HIREMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DISTRICT. KOPPAL-583231. 2. THE COMMISSIONER CITY MUNCIPAL COUNCIL, GANGAVATHI TALUK, DISTRICT. KOPPAL-583231. …RESPONDENTS (BY SRI. V.S.KALASURMATH, AGA FOR R1; SRI. B.SHARANABASAWA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF MANDAMUS DIRECTION AGAINST THE RESPONDENT NO. 2 TO CONSIDER THE REPLY OF THE PETITIONER DATED 30-09-2024, AS PER ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:13 +0530 - 2 - NC: 2025:KHC-D:2027 WP No. 100687 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner before this Court seeking for the following prayer: a. Writ of mandamus direction against the respondent no. 2 to consider the reply of the petitioner dated 30-09-2024, as per Annexure-A. b. Any other order in the nature of writ as this Hon’ble Court thinks fit in the facts and circumstances of the case. 2. The grievance of the petitioner is that though the petitioner has replied to the notice issued by respondent No.2 on 25.09.2024, the said reply has not yet been considered and as such, there is possibility of an order being passed by respondent No.2, without such consideration. 3. Whenever any notices issued and a reply submitted thereto, it would be required of any authority including the respondent No.2 to consider the same and pass necessary orders in accordance with law. The apprehension on part of petitioner is ill founded. 4. Be that as it may, the respondent No.2 is directed to consider the reply of the petitioner dated - 3 - NC: 2025:KHC-D:2027 WP No. 100687 of 2025 13.09.2024 issued to the notice dated 25.09.2024 and thereafter pass necessary orders in accordance with law. 5. The writ petition is allowed accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE RHR/- List No.: 1 Sl No.: 34