Karnataka Court March 1997 Judgments

K.L. Ravikumar Vs. State of Karnataka and Others

Court: Karnataka

ORDER1. By this petition, the petitioner has challenged the order dated 3-3-1997, whereby the Secretary, Regional Transport Authority, Mandya has refused to consider the application of the petitioner for grant of special permit under Section 88(8) of the Motor Vehicles Act on the ground that he has not received any instruction from the Government as also the rules framed thereunder. The order reads as under: 'With reference to the above subject, the applicant is informed that his application for consideration ,of the issue of special permit under Section 88(8) of the Motor Vehicles Act, 1988, for vehicle No. KA-11-1991 Stage Carriage cannot be considered, since he has not received instructions from the Government and also the rules framed thereunder. Under these circumstances your application cannot be considered'.2. This order per se appears to be nothing but refusal to exercise the jurisdiction vested in the authority on the misconception of facts. In Vijaya N. Rai v State of Karnata...

Ganaba Kashinath Gaonkar and ors. Vs. the Chief Secretary, State of Ka ...

Court: Karnataka

Reported in: ILR1997KAR1329

ORDERG.C. Bharuka, J.1. This Writ Petition is directed against the order dated 5.12.1995 passed by the State Government in exercise of its purported powers under Section 56(1) of the Karnataka Minor Minerals Concession Rules, 1994 (in short 'the Rules') and the notification of the even date issued under Rule 4 of the said Rules. The said order and the notification has been filed as Annexure 'A' to the Writ Petition. By the impugned order the State Government has sought to relax the terms and conditions of quarrying lease specified in Sub-rule (2) of Rule 8 permitting grant of quarrying lease in respect of non-specified minor minerals, namely, sand, laterite and solly stones, from the forest areas for the purposes of construction of residential buildings and other developmental works. By the impugned notification the State Government has empowered the respective Deputy Conservators of Forest, to grant such quarrying licences in the areas falling within their jurisdictions.2. The petitio...

Siddapur Taluk Agricultural Produce Co-operative Marketing Society Ltd ...

Court: Karnataka

Reported in: ILR1997KAR2889

ORDERB.N. Mallikarjuna, J. 1. As the order questioned in all the Writ Petitions is one and the same, common judgment would dispose of all the 52 petitions.2. Order dated January 12, 1996 of the Registrar of Co-operative Societies in Karnataka (one of the respondents in all the writ petitions) is challenged by various co-operative societies in State in these 52 Writ Petitions. State of Karnataka is the other respondent.3. Registrar of Co-operative Societies, by impugned order, in exercise of the power under Section 30-B of the Karnataka Co-operative Societies Act (the 'Act' for short), directs the societies in the State which is earning profit to contribute 5% of the profit to the funds to be called as 'Sahakara Kalyana Nidhi.' It is stated that there is need to constitute such fund to provide certain benefits to such of those persons who have contributed in the development of co-operative movement in the State and who have rendered selfless service. It is also stated that the direction...

Smt. Lalithamma and Another Vs. Agricultural Engineer, Karnataka Agro ...

Court: Karnataka

Reported in: I(1999)ACC175; 1998ACJ477; II(1998)DMC503; 1998(4)KarLJ172

1. Heard the learned Counsel for the appellants. This is an appeal from the judgment and order dated 21-1-1989, delivered by Commissioner of Workmen's Compensation and Labour Officer, Hubli, disposing of an application for compensation under Sections 3/4 and 10 of the Workmen's Compensation Act.2. Relying on the statement of Smt. Sarojini, the Tribunal has observed that the appellant, who was applicant 7, in the claim petition, has been the kept mistress of late Shankar Ismailappa and applicant 8, in the claim petition, is the minor son of applicant 7. The two applicants 7 and'8, have come up in appeal, as no compensation has been awarded in' applicant 8's favour, nor any share has been given in compensation awarded and the Tribunal has awarded a sum of Rs. 5,000/- only to applicant 7 as compensation.3. I have heard the learned Counsel for the appellants, learned Government Pleader and the learned Counsels for the other respondents.4. The learned Counsel for the appellants has contende...

R. Abbaiah Reddy Vs. Special Land Acquisition Officer and ors.

Court: Karnataka

Reported in: ILR1997KAR792; 1997(3)KarLJ140

ORDERG.P. Shivaprakash, J.1. I have heard Sri A. Keshava Bhat, Learned Counsel for the petitioner at great length.2. The petitioner claims to be the owner of land measuring about 16 guntas in Sy.No. 2/1 of Challaghatta village, Varthur Hobli. The same was proposed for acquisition for the benefit of the 4th respondent-Society. The final notification is dated 21.2.1989, copy of which is marked as Annexure-B.3. The learned Counsel for the petitioner submitted that the 4th respondent-Society has been branded by this Court in NARAYANA REDDY v. STATE OF KARNATAKA, AIR 1991(3) Kar. 2248 as a Society consisting of large number of bogus members and is indulging in real estate business. Therefore, the Learned Counsel submitted that though the notification in acquiring certain lands for the benefit of the 4th respondent in the said petition was different from the one which is assailed in this petition, the fact that the activities of the Society have been held to be undesirable it is sufficient t...

K. Dhalipathi Rao Vs. Sree Rama Vidyavardhaka Sangha and ors.

Court: Karnataka

Reported in: ILR1997KAR825; 1997(3)KarLJ57

ORDERM.B. Vishwanath, J.1. This Writ Petition has been filed by the four petitioners (sons of late K. Hanumantha Rao) against the first respondent - Sree Rama Vidyavardhaka Sangha, the second respondent - Tahasildar, and the third respondent - State, praying that the order passed as per Annexure-T dated 5.9.1996 by the District Judge in M.A. (VOA). 37/1984 allowing the appeal filed by the present first respondent-Sangha and setting aside the order dated 24.5.1994 passed by the Tahasitdar (as per Annexure-N), regranting the petition land bearing S.No. 31 measuring 4 acres 17 guntas situated at Kondethimmanahalli village, Nidagal Hobli, Pavagada Taluk, (Inam land) in favour of the present writ petitioners should be set aside.2. Annexure-U is the order passed by the Assistant Commissioner, Madhugiri, in H.O.A.1/67-68. The Assistant Commissioner has ordered that the present first respondent is eligiblefor regrant under proviso to Section 7 of the Inams Abolition Act and dismissed the claim...