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HIGH COURT OF KARNATAKA
G.NARENDAR
SRI KIRAN JAYANTH PATIL – Appellant
Versus
DISTRICT REGIONAL TRANSPORT OFFICER – Respondent
WP/9300/2019
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2021
BEFORE
THE HON’BLE MR.JUSTICE G.NARENDAR
WRIT PETITION No.9300/2019 (KLR-RES)
BETWEEN
1. SRI KIRAN JAYANTH PATIL
S/O JAYANTH BHARAMA GOWDA PATIL
AGED ABOUT 65 YEARS,
2. SRI. BAPU SAHEB BHARAMA GOWDA PATIL
S/O BHARAMA GOWDA PATIL
AGED ABOUT 87 YEARS,
3. SRI. NAVEEN BAPU SAHEB PATIL
S/O BAPU SAHEB BHARAMA GOWDA PATIL
AGED ABOUT 52 YEARS,
PETITIONERS 1 TO 3 ARE
R/AT NO. 768/31, VADGAON ROAD
HINDWADI, BELGAUM - 590 011.
4. SRI. BALA SAHEB BHARAMAGOWDA PATIL
S/O BHARAMAGOWDA PATIL,
AGED ABOUT 85 YEARS,
5. SRI. SACHIN BALASAHEB PATIL
S/O BALASAHEB PATIL,
AGED ABOUT 40 YEARS,
6. SRI. TUSHAAR BALASAHEB PATIL
S/O BALASAHEB PATIL,
AGED ABOUT 38 YEARS,
PETITIONERS 4 TO 6 ARE
R/AT NO. 768/32,
VADGAON ROAD,
HINDWADI,
BELGAUM - 590 011.
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7. SMT. SOROJINI JAYANTH PATIL
W/O LATE SRI. JAYANTH BHARAMA GOWDA PATIL,
AGED ABOUT 84 YEARS,
8. SMT. SUMITHRA DEVI
W/O LATE SANJAY PATIL,
AGED ABOUT 54 YEARS,
9. SRI CHIRANTH PATIL
S/O LATE SANJAY PATIL,
AGED ABOUT 36 YEARS,
PETITIONERS 7 TO 0 ARE
R/AT NO. 768/31,
VADGAON ROAD, HINDWADI,
BELGAUM - 590 011.
ALL THE PETITIONERS ARE REPRESENTED BY
THEIR POWER OF ATTORNEY HOLDER
SRI.S.G.PRABHAKAR,
S/O S.K.GOVINDAIAH,
AGED ABOUT 63 YEARS.
NO.35/3, 7TH MAIN,
7TH CROSS, MALLESHWARAM,
BANGALORE – 560003.
...PETITIONERS
(BY SRI UDAY HOLLA, SR. ADV. FOR VIVEK HOLLA, ADV.)
AND
1. DISTRICT REGIONAL TRANSPORT OFFICER
P.B.ROAD,
TUMAKURU - 572 103.
2. THE COMMISSIONER
TRANSPORT DEPARTMENT,
GOVT. OF KARNATAKA,
M.S.BUILDING,
BENGALURU - 560 001.
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3. THE DEPUTY COMMISSIONER
OFFICE OF DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
MINI VIDHANA SOUDHA,
TUMAKURU - 572 101.
4. THE TAHSILDAR
TUMAKURU TALUK,
TUMAKURU DISTRICT,
MINI VIDHANA SOUDHA
TUMAKURU - 572 101.
...RESPONDENTS
(BY SRI R.SRINIVASA GOWDA, AGA.)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE DY.
COMMISSIONER, TUMKUR DISTRICT, THE R-3 HEREIN TO TAKE
NECESSARY ACTION TO EVICT THE R-1 FROM THE SCHEDULE
PROPERTY AND HANDOVER VACANT POSSESSION OF THE SAME
TO THE PETITIONERS.
THIS WP COMING ON FOR 'PRELIMINARY HEARING-B
GROUP' THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned Senior Counsel Sri.Udaya Holla
along with Sri.Vivek Holla, learned counsel for the
petitioners and the learned Additional Government Advocate
for the respondents.
2.
The petition is preferred praying for a direction to
the Deputy Commissioner to take necessary action to evict
the first petitioner and to hand-over the vacant possession
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of the schedule property in compliance with the order of the
Karnataka Appellate Tribunal.
3.
Learned Additional Government Advocate today
submits that the Transport Department has preferred a
Review Petition, namely, R.P.No.21/2018 and that the same
is pending.
4.
In view of the above submission, learned Senior
counsel would submit that the writ petition be disposed of
with a direction to the Tribunal to expedite the consideration
and disposal of the Review Petition.
5.
The submission of learned Senior counsel is
taken on record.
6.
Accordingly, the writ petition is disposed of,
without entering upon the merits of the claims, with a
direction to the Tribunal to expedite the consideration and
disposal of the Review Petition, at any rate, within an outer
limit of four months from the date of receipt of a copy of
this order.
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7.
Liberty is reserved to the petitioners to seek
revival of the petition in the event, the Tribunal fails to
dispose of the Review Petition within the stipulated time.
No order as to costs.
Sd/-
JUDGE
dn/-
CT-HR
