A Writ Petition filed under Articles 226 and 227 of the Constitution of India seeking to call for records and quash a State Cabinet decision regarding a lease-cum-sale deed. The petition was dismissed as infructuous because the decision was not reaffirmed by the current Government.
Writ petition dismissed as imported infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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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. 9577 OF 2021(GM-RES-PIL)
BETWEEN:
SRI K A PAUL S/O M ARUNAGIRI AGED ABOUT 36 YEARS, R/AT NO.158, B M LAYOUT VENKATESHPURAM, BENGALURU-560045
...PETITIONER
(BY SRI.S DORE RAJU, ADVOCATE)
AND:
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...RESPONDENTS
(BY SRI.RAJASHEKAR.S, AGA FOR R1 TO R10; SMT.S.R.ANURADHA, ADVOCATE FOR R11)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION a)TO CALL FOR THE RECORDS PERTAINING TO THE DECISION OF THE STATE CABINET HEADED BY THE CHIEF MINISTER SRI. B.S. YEDIYURAPPA AND ITS SUB-COMMITTEE HEADED BY INDUSTRY MINISTER SRI. JAGADISH SHETTAR AND OTHERS, BEARING FILE NO.CI 352 SPI 2020(E) AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
the following reliefs:
"a) To call for the records pertaining to the decision of the State Cabinet headed by the Chief Minister Sri. B.S. Yediyurappa and its Sub-committee headed by industry Minister Sri. Jagadish Shettar and others, bearing file No.CI 352 SPI 2020(E).
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b) Issue Writ of Mandamus quashing the decision of the Karnataka State Cabinet dated 26/04/2021 proposing to executed Lease-cum-Sale Deed of the lands stated supra to the extend of 3,667 Acres to the 11th Respondent as the same is illegal and against the interest of the public at large vide Annexure-A.
c) To conduct a detailed enquiry by an independent agency appointed by this Honble Court to enquiry into the decision of the Karnataka State Cabinet dated 26/04/2021 proposing to execute Sale Deed to the extent of 3,667 Acres of land to the 11th Respondent and to submit the report before this Honble Court within a reasonable period or as may be specified by this Honble vide Annexure-A and
Pass any other orders, as this Honble Court deem fit and proper in the interests of Justice and Equity."
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and in the event, the Government takes decision in regard to the subject matter of the writ petition, it is always open for the petitioner to seek revival of the order passed by this Court based on the submission made by the learned Additional Government Advocate.
The pending interlocutory applications, if any, stand disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
*alb/-
1 provisions across 1 enactments
Sri K A Paul
The State of Karnataka
M/s J.S.W. Steel Works
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
