Karnataka High Court
Smt Rathna vs The State Of Karnataka on 10 April, 2008
IN Tm HEGH comzr or KARNAMKA N1' _ V H
mmn -1'1-us ms 19"' may or 2965'
BEFORE V
TI-IE HOIWBLE rm.
wars: pnwxmon ND-..$19 or -éco e-».m:--é:;m«:
BETWEEN:
1 Sm' .
W/0. "
AGED A,BO{.$i'V'32?'.V_¥E3&£?,$"~~. _
no .-135,_ "zs-r" mg "in:
. . ' F
G.x.._v'.1c.' ammnomz - 65
PZTITIONER
c ULLAL,ADV.)
11 {rm swim or 1A, mu FOR R1;
SRI.A PA FOR R2 )
THIS WJP. IS FILED UEEIW ARTICIE8 226 OF
THE OONSTITEJTION OF INDIA, FRAYING TO: DIRECT
Tim 2111: mspomnm 3:0 mm ;.A
smnum HOUSE TO mm s:n'.:*Ir1*Ic;?um=z_f'*
This Petition coming
hearing this day, t;"."'x;e'*---._ a:u.-:1:
following:
Heard the counsel and
the counsel tor' ' = .A
2. petitioner that
F45 " --
~ ~ submitted by the
3*"---
petitionei:"-- Board. seen' ng
_Va11ot;:;§§étii:. of iunder the scum, "Vanbe
"__ 'n~E_1.f>'é"titioner to pay a sum of
Vi Rs.15 }103:/.-"l5y means of a am.-and draft.
According to the petitioner, for
consideration the case of the
is not considered and an
endorsatuant has been issued as per
dt.15.11.2007. Ckuallenging the aaxne, the
present petition is filed and to direct the
x°>/
2"' Respondent to make allotment %'
schedule house to the petiticit:ar';'« Q_
4. The learned. caunasel :
Slum Clearance Board. has it
abjection in regard the of
the Writ Petition. . in View
of sec.59 filum Areas
(lzmrzavemeiit 1973. 3:: the
order passed by
the Q.w of which he has
to riie ant imitate the t within
xiithie "i::=;ti;:u1vazte:3.'" Therefore, he requests
Iciiszaiss the petition.
stage; the learned counsel for
upetitionex submits that the petitionar may
to withdraw the writ Petition
liberty to file an appeal before the
«Government within 15 daya free; today and
requests the Court to direct the t to
consider: the appeal, if any, filed by the
&/
petitioner within 15 days wiigxmt t".-.'qea_ '~~
question of limitation. A1éeqi:e:é:gs;1:s::Ve_e
this court ta direct
precipitate the matter
6 . Having for the
parties, of Sec.59
of the AO*?--'a V opinion the
to withdraw the
for the petitioner
to £;:.11e_ 3;. w i:thin 15 days from today.
is filed, the Government
* the same without raising the
qaee!§.i.o;1- 1im:i.tation. Further, this Court
of opinion, till an appeal is filed by
V' before the Gavemment,
'* :".:;:e,epondent-2 has to be directed not to
finrecipitate the matter and thereafter it is
for the petitioner to abtain necessary Interim
oxdex: frcm the t.
63/
7. with the above c:'::ser\gfa.1;;i,§:tt,_--"i:'}'3;es.>.::'_§-I.;i':;i;t;'_'..V V
Pet1'tim is dismissed and if
filed, the Interim order my
.