Court : Karnataka
Reported in : ILR1993KAR3404; 1993(4)KarLJ544
ORDERShivaraj Patil, J.1. This Revision Petition is by the landlord-petitioner directed against the order dated 5.2.1993, passed by the learned 4th Additional Judge, Court of Small Causes, Mayohall, Bangalore, in H.R.C. No. 10404/92.2. The brief facts leading to this Revision Petition are :The petitioner filed petition under Section 21(1)(f), (h) and (p) of the Karnataka Rent Control Act, 1961 (for short 'the Act, 1961') seeking an order of eviction against the respondents.The first respondent is the Director (Maintenance), Southern Telecom Sub-Region, 125, Infantry Road, Bangalore and respondent No. 2 who is working under the first respondent is in occupation of the schedule premises.The second respondent in his objection statement among other grounds has raised a ground that the petition filed for eviction itself was not maintainable in view of the provisions contained in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short 'the Act, 1971'), as the Act 1961 h...
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant258; ILR1986KAR743; 1986(1)KarLJ260
Rama Jois, J. 1. This writ appeal is by The Indian Bank against the order of the learned single Judge in Writ Petition No. 6,889 of 1979 allowing the writ petition and setting aside the order of the Estate Officer made under S. 5 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, ('the Act' for short) and the order of the III Additional District judge and the Appellate Authority under the Act confirming the said order.2(e)4514(1) Whether there was likelihood of bias on the part of the Estate Officer vitiating the order of eviction? and(2) Whether the petitioner was denied of a reasonable opportunity by the Estate OfficerThe answer given by the learned single Judge on both these questions was in the affirmative. Accordingly the writ petition was allowed and the orders of the Estate Officer and of the Appellate Authority were quashed. In view of the answer to the two questions in favour of the first respondent, the learned Judge declined to go into the question of con...
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR60
ORDERK.A. Swami, J. 1. As this petition can be disposed of finally, rule is issued and it is heard for final disposal.2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners have sought for the following reliefs:i) declare that the circular dated 28-12-1987 bearing No. RD 159 LGT Annexure-A by the first respondent as ultra vires the Constitution of India and the provisions of the Karnataka Land Revenue Act, 1964;ii) declare that Endorsements Annexure-B and C dated 2-5-1988 and 26-5-1988 respectively are illegal, unconstitutional and issued without jurisdiction;iii) Issue an appropriate Writ, order or direction in the nature of Writ of mandamus for bearing the first respondent to give effect to Circular Annexure-A;iv) issue a Writ in the nature of Writ of mandamus directing the first respondent to direct all its subordinate Officers not to act upon Circular Annexure-A;v) Pass any other appropriate order in the circumstances of the case including an o...
Tag this Judgment!Court : Karnataka
1. The petitioner is before this Court assailing the order dated 3-11-2010 passed in M.A. No. 25001 of 2008 whereby the order dated 6-11-2007 passed by the Competent Authority under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 ( ˜the Actfor short) is upheld and the petitioner is directed to vacate from the premises in question. 2. The petitioner who originally filed the petition claims to be the wife of late Kadira Vadivelu Pillai. On the death of the petitioner, her L.Rs have been brought on record who are none other than the sons of late Kadira Vadivelu Pillai. The said late Kadira Vadivelu Pillai was the Dharmakartha of Sri Shadakshara Gnana Shiva Subramanya Temple, Kamaraj Road, Bengaluru. The Trustees who were in-charge of the temple have through their communication as at Annexure-R4 made over the temple property and its affairs to the Endowment Board (Muzrai). Pursuant thereto, the Government Order dated 29-10-1986 is issued whereby the templ...
Tag this Judgment!Court : Karnataka
(Prayer: This Writ Petitions are filed under Articles 226 and 227 of the Constitution of India with a prayer to quash the orders dt.10.3.11 which are produced as Ann-A to K notice issued by R5 to the above WP. Restrain the respondent authorities from interfering with the peaceful possession and enjoyment of the schedule immovable properties described in the schedule of WP.) 1. Subject matter of these writ petitions are notices dated 10.3.2011 issued by the 5th respondent-Tahsildar, Bangalore South Taluk, Bangalore, as per Annexures A to K, which are notices purporting to be issued under the provisions of Section 94 of the Karnataka Land Revenue Act, 1964 (for short ‘the Act’) to be precise under 94(3) and Section 39 of the Act. 2. Writ petitioners have approached this Court seeking the following prayer:- “a. Issue a writ in the nature of certiorari, quashing the Order bearing Nos.NCR/CR/449/10-11 dated 10.3.2011 which are produced as Annexures A to K notice issued by ...
Tag this Judgment!Court : Karnataka Dharwad
:1. : R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE6H DAY OF APRIL, 2016 BEFORE THE HONBLE MR.JUSTICE P.S.DINESH KUMAR CRL.P.NO.101683/2015 BETWEEN1 2. L.PRABHUSWAMY AGE:53. YEARS OCC: CHIEF ENGINEER(CIVIL) ADD: OFFICE OF CHIEF ENGINEER KARNATAKA POWER CORPORATION LTD. GANESHHAGUDI TQ. JOIDA & DIST: UTTARA KANNADA ABDUL MAJEED AGE:51 YEARS OCC:EXECUTIVE ENGINEER(CIVIL) ADD: OFFICE OF EXECUTIVE ENGINEER(P.H.DIVISION) KARNATAKA POWER CORPORATION LTD. GANESHAGUDI, TQ.JOIDA DIST: UTTARA KANNADA ... PETITIONERS (BY SRI MRUTUNJAYA S.HALLIKERI, ADV.) AND1 2. THE STATE OF KARNATAKA THROUGH DANDELI TOWN P.S. REP. BY SPP, HIGH COURT OF KARNATAKA DHARWAD PRAKASH SHANBHAG AGE:62. YEARS, OCC:RETIRED LECTURER :2. : ADD: No.25, LENIN ROAD, TOWNSHIP DANDELI, TQ.HALIYAL, DIST.UTTARA KANNADA ... RESPONDENTS (BY SRI PRAVEEN KUPPAR, HCGP FOR R1; SRI SHASHANK S.HEGDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S482OF CR.P.C. SEEKING TO QUASH THE COMPLAINT DATED236.2015, FIR & ENTIRE...
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant127; ILR1976KAR637; 1976(1)KarLJ124
ORDER1. Kencke Gowda, the petitioner, wants to repair a dilapidated Gokatte situate in. S. No. 49 of Anammahalli village, Kanakpur taluk, by raising a Thope in about two acres of land, for the use of men and cattle. He applied to the Deputy Commissioner for permission and the Deputy Commissioner thereupon consulted the local Panchayat and subordinate revenue officials. All of them had no objection for the petitioner being given permission for the Philanthropic act. On 9th April , 1962, the Deputy Commissioner granted the required permission subject to the condition that the grantee should, not have any personal interest in such Katte and Thope except collecting usufruct from the trees thereon. The said order was set aside by the Divisional Commissioner in appeal preferred by respondents 3 to 5 before me. The Divisional Commissioner directed that the land being gomal land should be preserved as such and the respondents should be evicted therefrom. The petitioner took up the matter in an...
Tag this Judgment!Court : Karnataka
(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 05.02.01 passed by the Court of the I Addl. District Judge, D.K. Mangalore, in M.A. No.8/10 produced as Annexure-A and the order passed by the 1st respondent in Proceedings No.DVS.4/09-10 dated 04.10.2010 produced as Annexure-B.) 1. In this petition, petitioner is challenging the order dated 05.02.11 passed by the I Addl.District Judge, D.K. Mangalore, dismissing M.A.NOS.8/10 filed by the petitioner under Section 10 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (‘the Act’ for short). The appeal was filed challenging the order passed by the Tahsildar-Belthangady directing eviction of the petitioner herein from the property bearing Sy.Nos. 173-7A3A1A1P5 measuring 0.14 acre and Sy.No. 173-6D1P1 measuring 0.36 acre situated at Belthangady village and taluk vide order dated 04.10.2010 produced at Annexure-B. 2. The 1st respondent-...
Tag this Judgment!Court : Karnataka Dharwad
(Prayer: This Criminal Petition is filed u/s 482 of Cr.P.C. seeking to quash the complaint dated 23.6.2015, fir and entire proceedings registered in Cr.No.45/2015 of Dandeli Town P.S. against the accused No.1 and 2 for the offences p/u/sec.143, 147, 448, 427, 504, 506 r/w sec.149 of IPC, pending on the file of the Prl. civil Judge (Jr.Dn.) and JMFC, Dandeli, Dist. U.K.) 1. Though this petition is listed for admission, with the consent of learned Counsel for the parties, it is taken up for final disposal. 2. Heard Shri Mrutunjaya S.Hallikeri, learned Counsel for the petitioners, Shri Praveen Kuppar, learned HCGP for respondent No.1-State and Shri Shashank S.Hegde, learned Counsel for respondent No.2. 3. The first petitioner is a Chief Engineer and second petitioner is an Executive Engineer working with a State owned power generating company, namely Karnataka Power Corporation Ltd., ( KPCL for short). 4. KPCL had allotted a residential quarter bearing No.LIGH-25, situated at Dandeli to o...
Tag this Judgment!Court : Karnataka
1. The petitioner is a licensee of a stall bearing No.120 at Kempegowda Bus Station, Bangalore and the licensor is Karnataka State Road Transport Corporation (for short KSRTC'). The licence was granted for a period of one year pursuant to the tender notification dated 28-11-2012. It was renewed till 31-1-2015. By notice dated 5-9-2014, the petitioner was called upon by the KSRTC to renew the licence, if he so desires for a further period of one year. The petitioner sent his willingness to renew the licence as per his communication dated 12-9-2014. Since the KSRTC failed to renew the licence, he has filed W.P.No.2581 of 2015 for a mandamus directing the KSRTC to renew the licence till 31-1-2016. In the meantime, the KSRTC issued a notification dated 29-1-2015 inviting applications from the interested persons for auctioning of the right to carry on business in the aforesaid stall as a licensee. Therefore, petitioner has filed W.P.No.3740 of 2015 challenging the said notification. 2. Sri ...
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