High Court Karnataka High Court

Sri N Shivakumar vs Sri Mumtaz Ahmed on 29 January, 2009

Karnataka High Court
Sri N Shivakumar vs Sri Mumtaz Ahmed on 29 January, 2009
Author: Dr.K.Bhakthavatsala
" WPNo.9494i20G%

L   A ~  Ms Buiming,

in THE man Coum' 013* KARNATAKA AT BANGAL0R$_T~~%.%

DATED THIS THE 29TH DAY 09 JANUARY   ; j--i    .

BEFORE

THE normm on. Jusncn  é ; 7

vmrr PETITION N0.949§/20Ci$'(GM-CP C§:  'T; V

BETWEEN:      '

Sribishivakumar,   A      

S10 S:-ES Na1ayauhSwém*'.-,V V      ' '

A2e=44yw-rs,   " A . 

No.4, 1" F1o<_)z',--..}.'f*  * V

Hebhal,  *  .4  .

Bangalore-560 0'24. .  *   -. ' ' Petitioner

(By Sri A  for petitioner)
AND:   ' V' V %

S/oi Sr'-i Ab::u1Ra:wo9s%%%
 '~._,  at No.34-Q, A '
 Near  Ofioe,
_ _HCi?I_)a1,  Road,
" "   ga" m. xe-559 024.
 _  The State of Karnataka,
' -.R_ep*. by its Secmtary to Govecmmcnt,
" Revenue Dcparmcnt,



'H  » 

W P N0.9494/2008

3. The Special Deputy Commissiozmr,
Bangalore Urban Ilistrict,

4. The Assistant Commissioner,
Bangalore North Tank,

Podium Block,

V V Towers,

Banga£orc--56O 00 1.

5. The Tahsildar, _ J _ _V

Bangalore North Taluk,    

Kids Kemp Building, V   '

KGRoad,   5  _  -  '

 O09.      "    Respondents

(By Amafmd c        
(R-253 and S   unémpmscntcd)
[Govt Adm, Ext R4'(ahsent}]  .

--I - Rn 

This Writ Petition  filed "under Articles 226 it 227 of the
Cons13'tutioa;1_{of Endia,  to praying to quash the impugned
o1de7r'{Anm'x1}rc-«M}VvAciated 1353:2006 passed by the IX Add}. City Civil
Judgfi. B1'-.'1;ga::k)'1E;, .ozfi._vI.A-III in O S 910.2076/2004 and 83%! the
Petition.    = _ 

This }"etit1T;t$x'1-;§:i51A11ing on for hearing mm day, the Court mme

ORDER

‘ ” petitioncrlimpleeading applicant is before this Court for

the oI’dt::r dated 13.3.2006 passed on LA»-EH fixed in 0 s

[L_¥[%

w P No.9eay2oos

3

No.20’76[2004 on the tile of xx Add]. cityeivig mgg

City at Am1e;xure~M.

2. Learned Counsel for the that the
respondent No.1 has filed NO6.2 to
5/ Government Oflieezs Aiabr ” other reliefs
with reference to M at Hebbal,
Bangalore-Bellary :s1vi’bmits that in w P
No.47599/200$ present petitioner was
arrayed as msfiggdefit ra§}’%j;a§de~ writ Petition was disposed of
on 10.2.200{l respondent No.1 to approach the
appitipriafij rogum” i’or”‘appmpflam relief as the relief cannot be

of its powers under Articles 226 & 227 of the

e zgpnstimfim’ the petitioner herein should have been made

_ gt 15etitioner was not made as a patqty to the suit find

A’ No.1, the petitioner made an impiwding

finder Order 1 Rule 10(2) of cm seeking permission to

.oome:oi:”zecord as co–defcndant, but the trial Court erred in 1e3ect1′ ‘ng

W P N034-94/2903
4

3. I have paused the order dated 10.2.2004 at

That Writ Petition was fiked by the respondent No.1

oficers of the Government/respondent Noel ta 4_ _

Jagmeesh, Keshavakuma}? Mane ..e:¢y-L

as respondent Noe.5,6 and 7. The Wes’;

respondent No.1 herein to restzraijziv. to V’

3/Governmmt Oficers from “‘demo}iehi1t,¥g’j’

without deciding the or .. That Writ
Petition, as Qf liberty appromh
the competentV..Givi1 the petitioner was made
as xespondent7N’o.’7” not e good fiound to contend that
the petitioner ua._’_’pmpVer_ party for the purpose of
adj_u{licatiom}l:.’ 51*» the %%%%% fédmincexy, the petitioner is not an

contention of the petitioner that he is one

respondent N0. 1 has enczeached upon the

= up a eonetzmetion and thexeibre he wants to

t the suitsin the interest of general public, holds no water.

$153011 has no locus stxandi and if he is not a pmper and

party for the purpose of adjudication, he cannot be made

fifialty to the suit. It is not a public interest litigation, where the

W P

doctrine of locus standi can be relaxed “f:».t_=:A
permitted to participate in the Th: hézs *
rightly rejected the appfication. I see Tty in the

impugned order.

4. In the result, Writ samcis hcmcby
dismissed. 1 ” C ‘ ‘
. . ‘ . ‘I