Samiulla vs Ansar Pasha

Type Court Judgment Court Karnataka Orders Decided May 07, 2024

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Citation: sooperkanoon.com/1910542
Court: Karnataka Orders High Court
Judge: C.M. Poonacha
Decided On: May 07, 2024
Case Number: WP/12768/2024

Parties & Advocates

Appellant / Petitioner

Samiulla

Respondent

Ansar Pasha

Excerpt

-1-in the high court of karnataka at bengalurudated this the 7th day of may, 2024 before the hon'ble mr justice c.m. poonacha writ petition no. 12768 of 2024 (lb-ele) between: samiulla, s/o late abdul kareem sab, r/a ward no.7, shariff mohalla, kunigal town, tumkuru district - 572 130. …petitioner (by sri. shivcharan r, advocate) and:1. ansar pasha,s/o late syed rahim, r/at tanjavoor mohalla, digitally signed by maddur road, kunigal town, bharathi s tumkuru district - 572 130. location: high court of 2. karnataka the returning officer/ tahsildar, ward no.1-8, kunigal muncipality, election officer's office, kunigal taluk, tumkuru district - 572 130. …respondents (by sri. shahbaaz hussain, advocate for r1) this wp is filed under articles 226 and 227 of the constitution of india praying to setting aside -2- the impugned order dated 27/04/2024 passed by the honble addl. senior civil judge and jmfc kunigal in election case no. 2 of 2019 as per annexure-a thereby allowing the petition filed by the r1 herein and etc., this petition, coming on for preliminary hearing, this day, the court made the following:orderthe present petition is filed challenging the order dated 27.04.2024 passed by the additional senior civil judge and jmfc, kunigal in election case no.2/2019.2. having regard to the fact that an alternativeefficacious remedy is available to the petitioner under section 27 of the karnataka municipalities act 1964, the present petition is disposed of reserving liberty to the petitioner to avail the remedy available under the said act. sd/- judge ldc list no.: 1 sl no.: 15

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 12768 OF 2024 (LB-ELE) BETWEEN: SAMIULLA, S/O LATE ABDUL KAREEM SAB, R/A WARD NO.7, SHARIFF MOHALLA, KUNIGAL TOWN, TUMKURU DISTRICT - 572 130. …PETITIONER (BY SRI. SHIVCHARAN R, ADVOCATE) AND:
1. ANSAR PASHA,

S/O LATE SYED RAHIM, R/AT TANJAVOOR MOHALLA, Digitally signed by MADDUR ROAD, KUNIGAL TOWN, BHARATHI S TUMKURU DISTRICT - 572 130. Location: HIGH COURT OF 2. KARNATAKA THE RETURNING OFFICER/ TAHSILDAR, WARD NO.1-8, KUNIGAL MUNCIPALITY, ELECTION OFFICER'S OFFICE, KUNIGAL TALUK, TUMKURU DISTRICT - 572 130. …RESPONDENTS (BY SRI. SHAHBAAZ HUSSAIN, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE -2- THE IMPUGNED ORDER DATED 27/04/2024 PASSED BY THE HONBLE ADDL. SENIOR CIVIL JUDGE AND JMFC KUNIGAL IN ELECTION CASE NO. 2 OF 2019 AS PER ANNEXURE-A THEREBY ALLOWING THE PETITION FILED BY THE R1 HEREIN AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The Present petition is filed challenging the order dated 27.04.2024 passed by the Additional Senior Civil Judge and JMFC, Kunigal in Election Case No.2/2019.

2. Having regard to the fact that an alternative

efficacious remedy is available to the petitioner under Section 27 of the Karnataka Municipalities Act 1964, the present petition is disposed of reserving liberty to the petitioner to avail the remedy available under the said Act. SD/- JUDGE LDC List No.: 1 Sl No.: 15

Same Court & Year Karnataka Orders · 2024 Same Parties Samiulla vs Ansar Pasha Same Judge C.M. Poonacha