Karnataka High Court Weekly Round-Up: August 27 To September 3, 2023

Nominal Index [Citations 327 - 339]:

Saibanna s/o Ningappa Natikar AND The Union of India & Others. 2023 LiveLaw (Kar) 327

The Union of India v. Malini & Others. 2023 LiveLaw (Kar) 328

Muzammil & ANR v. State of Karnataka & ANR. 2023 LiveLaw (Kar) 329

Dr Lakhsmi P Gowda AND National Board of Examinations In Medical Sciences & Others. 2023 LiveLaw (Kar) 330

Hampamma & Others And State Through Lingasugur P.S. 2023 LiveLaw (Kar) 331

A S MALLIKARJUNASWAMY, AND STATE INFORMATION COMMISSIONER & others. 2023 LiveLaw (Kar) 332

Naveen Kumar H N & Others AND State of Karnataka & Others. 2023 LiveLaw (Kar) 333

M/s Deco Equipments Pvt Ltd AND The State of Karnataka & others. 2023 LiveLaw (Kar) 334

P Ramaprasad And Thyagaraj R & Others. 2023 LiveLaw (Kar) 335

Jambo Plastics Pvt. Ltd & Others AND Chief Quality Assurance Establishment & Others. 2023 LiveLaw (Kar) 336

Project Vruksha Foundation V State Board For Wildlife (SBWL). 2023 LiveLaw (Kar) 337

Dr Kallappa Mahadevappa Hosmani AND The Deputy Superintendent of Police, Karnataka Lokayukt. 2023 LiveLaw (Kar) 338

A MANJU And PRAJWAL REVANNA @ PRAJWAL R. 2023 LiveLaw (Kar) 339

Judgments/Orders

After 30 Yrs In Jail, Karnataka HC Commutes Sentence Of 70-Yrs-Old Death Row Convict, Criticizes Unexplained Delay In Deciding Mercy Petition

Case Title: Saibanna s/o Ningappa Natikar AND The Union of India & Others

Case No: Writ Petition no. 3297 of 2013

Citation: 2023 LiveLaw (Kar) 327

The Karnataka High Court has set aside the death penalty imposed on a 70-year-old murder convict and commuted it to life imprisonment, after he spent 30 years behind bars and of which almost two decades he spent in solitary confinement.

A division bench of Justice G Narendar and Justice C M Poonacha allowed the writ petition filed by Saibanna Ningappa Natikar on two grounds—in-ordinate delay of 7 years and eight months in deciding his mercy petition and that he was made to suffer a singular cell confinement/solitary confinement without the sanction of law.

Railway Claims Tribunal Cannot Punish Any Person For Non-Payment Of Award Passed By It: Karnataka High Court

Case Title: The Union of India v. Malini & Others

Case No: WRIT PETITION NO. 12947 OF 2017

Citation: 2023 LiveLaw (Kar) 328

The Karnataka High Court has held that the Railway Claims Tribunal has no power to punish any person for disobeying its orders, granting compensation to claimants.

A single judge bench of Justice R Nataraj allowed the petition filed by the Union of India and quashed a 2017 order passed by the Tribunal, issuing show cause notice to the General Manager, South Western Railway, as to why action should not be initiated against him for non-compliance of the order of the Tribunal.

Hijab Ban Row: Karnataka High Court Quashes Criminal Proceedings Against Two Youth Accused Of Making Graffiti On Govt School Wall

Case Title: Muzammil & ANR v. State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 101193 OF 2023

Citation: 2023 LiveLaw (Kar) 329

The Karnataka High Court has quashed a criminal case registered against two youth accused of writing “Hijab is our dignity” with black paint on the walls of a Government Girls High School, near CMC Hosapete, Vijayanagara.

A single judge bench of Justice M Nagaprasanna sitting at Dharwad allowed the petition filed by Muzammil (23) and Mohammad Jamaul (25), and quashed the proceedings initiated against them under Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981.

Inadvertence No Reason To Deny Opportunity To Candidate Otherwise Entitled: Karnataka HC Permits NEET-PG Aspirant To Correct Caste & Avail Quota

Case Title: Dr Lakhsmi P Gowda AND National Board of Examinations In Medical Sciences & Others

Case No: Writ Petition No 12859/2023

Citation: 2023 LiveLaw (Kar) 330

The Karnataka High Court has come to the aid of a 23 years old student, who while filling-up the online registration application for National Eligibility Cum Entrance Test-PG (NEET-PG), inadvertently failed to choose her caste under the quota reserved for OBC category.

A division bench of Justice G Narendar and Justice Vijaykumar A Patil allowed the petition filed by Dr. Lakshmi P Gowda and directed the National Board of Examinations In Medical Sciences to permit her to correct the entry in Column No.7 of the application/score card and amend it to read from General to OBC.

Swachh Bharat Mission: Karnataka High Court Refuses To Quash Case For Alleged Misappropriation Of About 70L Sanctioned For Public Toilets

Case Title: Hampamma & Others And State Through Lingasugur P.S

Case No: CRIMINAL PETITION NO.200652/2022

Citation: 2023 LiveLaw (Kar) 331

The Karnataka High Court has dismissed a petition filed by seven persons accused of misappropriating funds sanctioned in respect of 'Swachh Bharat Mission Project' for construction of toilets within the limits of Honnalli, Gudadanal and Yaradona Villages between July 2016 and May 2017.

A single bench of Justice Venkatesh Naik T, sitting at Kalaburagi dismissed the petition filed by Hampamma and others who are charged for offences punishable under sections 420, 409, 201, of the Indian Penal Code. It said, “On perusal of the material available on record, it appears that the petitioners without constructing toilets misappropriated the funds to the tune of Rs.68.19 lakhs sanctioned by the Government under 'Swachh Bharat Mission'. Admittedly, disputed question of fact cannot be adjudicated upon by this Court under Section 482 of Cr.P.C., at this stage, only prima facie case is to be seen.”

Employee Can Access Colleague's Service Records Under RTI Act To Pursue Service Litigation : Karnataka High Court

Case Title: A S MALLIKARJUNASWAMY, AND STATE INFORMATION COMMISSIONER & others.

Case No: WRIT PETITION NO. 23695 OF 2022

Citation: 2023 LiveLaw (Kar) 332

The Karnataka High Court has set aside an order passed by the State Information Commissioner rejecting an application filed by a college professor seeking service record details of his colleague.

A single bench of Justice Krishna S Dixit allowed the petition filed by A S Mallikarjunaswamy and set aside the of Commission whereby his RTI application had been negatived quoting the provisions of Section 8(1)(j) of the Right to Information Act, 2005.

Not Prejudicial To Either Local Or Non Local Candidates: Karnataka High Court Upholds Recruitment Circular With Reservations U/Art 371J

Case Title: Naveen Kumar H N & Others AND State of Karnataka & Others

Case No: WRIT PETITION NO. 4979 OF 2023 (S-RES) C/W WRIT PETITION NO. 6588 OF 2023

Citation: 2023 LiveLaw (Kar) 333

The Karnataka High Court has upheld the government circular dated 01.02.2023 which provides clarification on the application of reservations under Article 371J of the Constitution for candidates from the Kalyana Karnataka Region, formerly known as the Hyderabad-Karnataka region.

Justice N S Sanjay Gowda highlighted that the core objective of introducing special provisions in the Hyderabad-Karnataka region was to acknowledge its underdevelopment and offer incentives for education and employment. "...the very objective of amending the Constitution and making special provisions in respect of the Hyderabad-Karnataka region was to, firstly, acknowledge the fact that the Hyderabad-Karnataka region was not as well developed as the other parts of Karnataka and secondly, to make provisions to ensure that it was treated differently and grant incentives to the persons hailing from the region in the matter of providing education and employment (including by promotion to persons hailing from the region) so as to ensure that the Hyderabad-Karnataka region comes out of its backwardness. Thus, any orders made in exercise of the powers under Article 371J would have to be examined and considered keeping in mind this underlying objective."

Market Value Of Land Acquired Under 1894 Act Determined As Per Right To Fair Compensation Act Where Award Passed After Its Enforcement: Karnataka HC

Case Title: M/s Deco Equipments Pvt Ltd AND The State of Karnataka & others.

Case No: WRIT PETITION No.33180 OF 2016

Citation: 2023 LiveLaw (Kar) 334

The Karnataka High Court has made it clear that the market value of land acquired under section 4(1) the Land Acquisition Act 1894, is to be determined as per Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, if the award is passed after the 2013 Act came into force.

A single bench of S Sunil Dutt Yadav allowed the petition filed by M/s Deco Equipments Pvt Ltd and quashed the Award dated 20.01.2016 passed by the Land Acquisition Officer, Mysore District.

Partition Suit After 90 Years Not Maintainable If Possession Not Delivered As Per Preliminary & Final Decrees: Karnataka High Court

Case Title: P Ramaprasad And Thyagaraj R & Others

Case No: CIVIL REVISION PETITION NO.70/2022

Citation: 2023 LiveLaw (Kar) 335

The Karnataka High Court has held that filing a suit for property partition after a lapse of 90 years of passing a final decree is not maintainable if the possession has not been delivered as per the preliminary and final decrees.

Justice H P Sandesh added that the same ought to have been enforced by filing an execution petition within the period of limitation.

"Having referred Section 47 of CPC, it is clear that when there was a decree between the parties and relating to the execution, discharge of satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit. In the case on hand, already there was a decree in respect of the Munireddy’s share and pleading of the plaintiff also clear that share has been determined and final decree also was drawn on 14.5.1928 and instead of executing the final decree by filing execution petition, a separate suit is filed before the Court and hence, it is clear that it is nothing but clever drafting of the plaint while filing the suit for the relief of seeking once again for partition."

Executive Guidelines Cannot Supersede Works Of Defence Act For Building Permissions Around Military Establishments: Karnataka High Court

Case Title: Jambo Plastics Pvt. Ltd & Others AND Chief Quality Assurance Establishment & Others.

Case No: Writ Petition No.40510 OF 2017

Citation: 2023 LiveLaw (Kar) 336

The Karnataka High Court has held that authorities cannot rely on executive guidelines for issue of NOC for regulating building constructions around Defence establishments, as long as the Works of Defence Act, 1903 is in operation.

A single bench of Justice S Sunil Dutt Yadav allowed the petition filed by Jambo Plastics Pvt Ltd and directed BBMP to consider sanctioning the former's plan, which is kept in abeyance, without insisting for adherence to the Guidelines dated 21-10-2016. It said, “Executive Guidelines have no place when the field is occupied by Legislation, the Guidelines cannot be relied upon by the Union Government to impose restriction as long as the Works of Defence Act, 1903 is in operation and is not amended."

Hubli-Ankola Railway Line: South-Western Railway Authority To Prepare Fresh Proposal In Consultation With Wildlife Institute

Case Title: Project Vruksha Foundation v State Board For Wildlife (SBWL) Case No: WRIT PETITION NO. 8067 OF 2020 (GM-RES-PIL) C/W WRIT PETITION NO. 8181 OF 2020 (GM-RES-PIL) & WRIT PETITION NO. 12132 OF 2020 (GM-RES-PIL

Citation: 2023 LiveLaw (Kar) 337

The South-Western Railway has submitted an affidavit before the Karnataka High Court stating that it will submit a revised proposal seeking permission for laying of Hubli-Ankola Railway Line Project after mitigating the gaps and deficiencies in the earlier proposal as is pointed out by the National Board for Wildlife.

The affidavit filed by the Deputy Chief Engineer states, “South Western Railways (SWR), Hubli, shall follow the directions issued by NBWL and shall prepare a mitigation plan for the Hubli-Ankola Railway Line project, in consultation with Wildlife Institute of India (WII), Dehradun and follow any other directives of NBWL and MOEF & CC, and shall commence the work only after getting all the clearances/approvals as required under law."

Keeping Investigations Against Public Servants Pending Affect Their Rights: Karnataka High Court Asks Lokayukta To "Set Its House In Order"

Case Title: Dr Kallappa Mahadevappa Hosmani AND The Deputy Superintendent of Police, Karnataka Lokayukt.

Case No: Criminal Petition No. 103443 OF 2022

Citation: 2023 LiveLaw (Kar) 338

The Karnataka High Court has asked the Karnataka Lokayukta to "set its house in order" by directing completion of investigation registered against public servants under the Prevention of Corruption Act, within a time frame.

A single bench of Justice M Nagaprasanna sitting at Dharwad said, “This Court has come across several cases where investigation has gone on for ages and no final report was filed. It, therefore, speaks volumes of lackadaisical attitude on the part of the prosecution/ Lokayukta.”

Karnataka High Court Disqualifies JD(S) MP Prajwal Revanna Citing Irregularities In Election Affidavit

Case Title: A MANJU And PRAJWAL REVANNA @ PRAJWAL R.

Case No: EP 1/2019 C/W EP 2/2019.

Citation: 2023 LiveLaw (Kar) 339

The Karnataka High Court on Friday declared the election of MP Prajwal Revanna of the Janatha Dal Secular Party as null and void for filing false information in his election affidavit.

Justice K Natarajan while pronouncing the order said, “Both the Election petitions are allowed in part. The election of returned candidate respondent no. 1 alias Prajwal R, Member of the Parliament, having being declared as returned candidate dated 23-05-2019, is hereby declared as null and void.”