Writ petition filed for mandamus directing Deputy Commissioner to recover specified amount. Court dismissed petition as infructuous because an interim stay was granted in a connected writ petition filed by the employer Corporation.
None; petition dismissed as infructuous.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2019
BEFORE
THE HON’BLE MR. JUSTICE G. NARENDAR
WRIT PETITION NO.107568/2016 (L-KSRTC)
BETWEEN:
SMT.KASTUREVVA, W/O. LATE MALLIKARJUN HUDED, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O: SULAKATTI ONI, MUNAVALLI, TQ: SAVADATTI, DIST: BELGAUM. (BY SRI. RAVI HEGDE, ADVOCATE)
... PETITIONER
AND:
THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, BELGAUM DISTRICT, BELGAUM.
... RESPONDENT
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT TO RECOVER THE AMOUNT WITHIN THE SPECIFIED TIME AS PER ANNEXURE-B DATED 25.04.2016 VIDE ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner.
The petitioner is before this Court praying for the issuance of a writ of mandamus to the respondent – Deputy Commissioner to recover the amount specified under the Revenue Recovery Certificate.
The facts remains that, in the subsequent writ
petition filed by the employer-Corporation, this Court was pleased to grant an interim order of stay. In that view of the matter, the writ petition is rendered infructuous.
Petition is dismissed as having been rendered
infructuous.
Sd/JUDGE
gab
2 issues framed by the court
Whether the writ petition for mandamus should be allowed granting direction for recovery
Whether the petition became infructuous due to interim stay granted in connected employer writ petition
SMT.KASTUREVVA
THE STATE OF KARNATAKA
G. NARENDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
