NOEL JOSE Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The subject matter of this Writ Petition is substantially similar to the one in W.P.No.54730/2014 (LA- RES) between ERROL JOHN NORONHA & OTHERS vs THE STATE OF KARNATAKA & ANOTHER , disposed off by this Court on 30/5/2023, wherein some reprieve has been granted to the litigants therein at paragraph no.7 and therefore, similar relief needs to be granted to the Petitioners, is the submission of their learned counsel. Though the learned AGA opposed the Writ Petition, this Court does not find any difference in fact matrix or legal matrix of both the cases.

(2.) The Division Bench of this Court in W.A.Nos. 932-933/1974 between A.V.VINODA and ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11/12/1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

(3.) In view of the above, this Writ Petition is allowed; the 1st & 2nd Respondents are directed to accomplish the implementation of the subject K-RERA orders enlisted in paragraph no.8 of the Writ Petition and report compliance to the Registrar General of this Court within an outer limit of three months may be levied on appropriate application being moved by the Petitioners. Now, no costs.