Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Mr. Krishna N v. Mysore Mahanagara Palike

Mr. Krishna N v. Mysore Mahanagara Palike

(High Court Of Karnataka)

W.P. NO.5819/2022 (LB-RES) C/W W.P.NOS. 5741/2022, 5782/2022 (LB-RES) | 12-04-2022

1. The subject matter of these writ petitions is substantially similar to the one in W.P.No.14226/2015 (GM-POLICE) between DIAMOND ENTERPRISES Vs. THE STATE OF KARNATAKA & OTHERS, disposed off 14.05.2015 & W.P.No.39282/2016 (GM-POLICE) disposed off on 15.09.2016 by a Coordinate Bench.

2. Learned AGA is more than justified in submitting that in addition to conditions stipulated in the cognate judgments, the petitioner has to abide by the Covid–19-related-regulations/restrictions; petitioner agrees to the same.

3. The Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that the Court should treat the likecases alike and if relief is granted to a litigant, it has to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances.

4. In view of the above, this writ petition is disposed off granting relief to the petitioner in terms of the cognate judgments mentioned above; impugned Notice is quashed with liberty to the police to take action in the event any of the conditions, including the Covid-19 related ones are violated.

5. All contentions are kept open.

6. No costs.

Advocate List

  • SRI, VIKRAM HUILGOL, SENIOR COUNSEL A/W SRI. SHANKARAPPA G S, ADVOCATE.

  • SMT. M P GEETHA DEVI, ADVOCATE.

Bench
  • HON'BLE MR. JUSTICE KRISHNA S.DIXIT
Eq Citations
  • LQ
  • LQ/KarHC/2022/1677
Head Note

Constitution of India — Arts. 14, 19(1)(g) and 226 — Grant of relief to similarly circumstanced litigants — Petitioner seeking similar relief as granted to similarly circumstanced litigants in cognate judgments — Petitioner agreeing to abide by Covid-19 related regulations/restrictions — Impugned notice quashed — All contentions kept open — No costs — Law of Torts — Civil Wrongs or Torts — Negligence/Omission/Non-feasance/Misfeasance