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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 21ST DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.20244 OF 2021(LB-BMP)
BETWEEN:
1. SHIVALINGASWAMY,
S/O LATE CHIKKALINGAIAH,
AGED ABOUT 58 YEARS,
NO.4/2, 8ASHIRWAD9,
OPP. SUMANGALISEVASHRAMA,
SRI. VENKATARAMANAPPA LAYOUT,
CHOLANAYAKANAHALLI,
R T NAGAR POST, BANGALORE 3 560 032.
2. M P PUTTASWAMY,
S/O PUTTAMADAIAH,
AGED ABOUT 62 YEARS,
R/AT NO.121, SRI DURGANILAYA,
9TH CROSS, MARUTHI LAYOUT,
HEBBAL DASARAHALLI, H A FARM POST,
BANGALORE 3 560 024.
...PETITIONERS
(BY SRI. SAI SHAKTI, ADVOCATE FOR
SRI. SHASHIDHARA H N, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE,
HUDSON CIRCLE, NEAR TOWN HALL,
BANGALORE 3 560 002.
REPRESENTED BY ITS COMMISSIONER.
2. THE ASSISTANT EXECUTIVE ENIGNEER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
HBR LAYOUT SUB-DIVISION, 5TH MAIN ROAD,
3RD BLOCK, HBR LAYOUT, BANGALORE 3 560 043.
3. ANANDA SOCIAL & EDUCATIONA TRUST9S
DR. B R AMBEDKAR MEDICAL COLLEGE,
& HOSPITAL, SURVEY NO.24,
2
KADUGONDANAHALLI,
SHAMPURA MAIN ROAD,
BANGALORE 3 560 045.
BY ITS MANAGING TRUSTEE/
ADMINISTRATOR.
& RESPONDENTS
(BY SMT. SUMANGALA GACHCHINAMATH, ADV., FOR R1&R2;
SRI. HARISH H V, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASHING THE IMPUGNED ORDER DATED 03.09.2021 IN
REV. APPEAL NO.385/2019 VIDE ANNEXURE-A PASSED BY
THE
HONBLE
KARNATAKA
APPELLATE
TRIBUNAL
AT
BENGALURU TO THE WRIT PETITION AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH PHYSICAL HEARING, THE COURT MADE THE
FOLLOWING:-
The short grievance of the petitioner is against
rejection of his application for impleadment in appeal No.
385/2019 pending on the file of Karnataka Appellate
Tribunal against coercive orders suffered by third
respondent.
2.
After service of notice, the respondents
having entered appearance through their counsel make
submission in justification of the impugned order and
the reasons on which it has been constructed.
3.
Having heard the learned counsel for the
parties and having perused the petition papers, this
3
Court inclines to grant indulgence in the matter
inasmuch as, petitioner happens to be the complainant,
from whose allegation the coercive proceedings under
Section 321 of the Karnataka Municipal Corporations Act,
1976 was taken and now it is in challenge before the
KAT. It has been consistently held by the Apex Court
that complainants of the kind answers the description of
8proper parties9 if not 8necessary parties9 in the light of
RAZIA BEGUM VS. SAHEBZADI ANWAR BEGUM AIR
1958 SC 886.
In the above circumstances, this writ petition
succeeds; a Writ of Certiorari issues quashing the
impugned order; the subject application of the petitioner
having been favorued, the KAT is directed to permit the
him to gain entry to the array of parties as respondent
no.4 in the pending appeal No. 385/2019.
All contentions are kept open.
No costs.
Sd/-
JUDGE
Bsv
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