Public interest litigant sought writ mandamus directing invocation of Essential Services Maintenance Act and restoration of transport normalcy. Court dismissed petition as infructuous because employee strike had been called off and normalcy restored.
Petition dismissed as becoming infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.8019 OF 2021(GM-RES-PIL)
BETWEEN:
SRI T SRINIVAS S/O THIMMAPPA, AGED ABOUT 40 YEARS, R/AT NO. 219, WARD NO. 20, BAHADDDURPURA, JANATA COLONY, ANEKAL, BANGALORE URBAN DISTRICT, KARNATAKA-562106
...PETITIONER
(BY SRI.ANANTH KUMAR.N, ADVOCATE FOR SRI.GANGABAI.B, ADVOCATE)
AND:
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3
...RESPONDENTS
(BY SMT.VANI.H, AGA FOR R1 TO R3; SMT. H.R.RENUKA, ADVOCATE FOR R4 TO R7)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE AN APPROPRIATE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO INVOKE PROVISIONS OF THE KARNATAKA ESSENTIAL SERVICES MAINTENANCE ACT, 2013 UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
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"a) Issue an appropriate writ of mandamus directing the respondents to invoke provisions of the Karnataka Essential Services Maintenance Act, 2013 under the facts and circumstances of the case;
b) Issue appropriate writ of mandamus directing the Respondents to restore and ensure normalcy at all times in the state road transport in Karnataka;
c) Issue appropriate writ of mandamus directing the 3rd Respondent and other respondents to carry out appropriate investigation into the loss of life and prosecute the persons responsible for such brazen unlawful act;
d) Issue appropriate writ of mandamus directing the First Respondent to recover the monetary loss caused to the public property from the persons responsible for it; and
e) Pass such other or further reliefs as this Hon'ble Court deems fit, under the facts and circumstances of the case, in the interest of justice and equity."
7 informs that the prayers made in the writ petition do not survive for consideration in view of the fact that the strike by the employees of the Karnataka State Road Transport Corporation has been called off and the transport system has been restored to normalcy.
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4. In view of the above submission, the writ petition
has become infructuous and is accordingly dismissed as having become infructuous.
Sd/CHIEF JUSTICE
Sd/JUDGE
*alb/-
1 issue framed by the court
Whether the writ petition invoking provisions of the Karnataka Essential Services Maintenance Act, 2013 became infructuous upon restoration of normalcy in the transport system.
Sri T Srinivas
State of Karnataka
Transport Department State of Karnataka
Department of Home State of Karnataka
Karnataka State Road Transport Corporation
Bengaluru Metropolitan Transport Corporation
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
