Allowed

Basavaraj S/O Patreppa Pattanshetti v. Chairman

Karnataka HC5 Dec 2022WP/108989/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition under Articles 226 and 227 of the Constitution. The Court issued a writ of certiorari to quash an order dismissing an appeal due to non-prosecution after it was transferred to a new court. The Court restored the appeal to file and directed the petitioner to appear on a specified date before the Educational Appellate Tribunal.

What did the court decide?

Writ petition allowed; Certiorari issued to quash the order dated 03.08.2017 in Misc. Petition No.105/2016; Appeal restored to file; Petitioner directed to appear before the Educational Appellate Trib

Basavaraj S/O Patreppa Pattanshetti Vs Chairman — Education and Admissions | Karnataka HC (2022)

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WP No. 108989 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 108989 OF 2017 (GM-CPC)

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BETWEEN:

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BASAVARAJ S/O PATREPPA PATTANSHETTI AGE: 45 YEARS, OCC: TEACHER, R/O: AT: POST: RAINAPUR, TQ: SAUNDATTI, DIST: BELAGAVI.

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…PETITIONER

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(BY SRI J. S. SHETTY ASSOCIATES, ADVOCATE)

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AND:

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Digitally signed by SUJATASUBHASH PAMMAR Date: 2022.12.09 09:20:19 +0530

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CHAIRMAN, VISHWAKARMA EDUCATION AND SOCIAL WELFARE SOCIETY, YARGATTI, TQ: SAUNDATTI, DIST: BELAGAVI.

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TALUKA EDUCATIONAL OFFICER, BEO OFFICE, TQ: SAUNDATTI, DIST: BELAGAVI.

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THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (SOUTH) CLUB ROAD, BELAGAVI, DIST: BELAGAVI.

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WP No. 108989 of 2017

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THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, BELAGAVI, DIST: BELAGAVI.

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THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF PUBLIC INSTRUCTIONS (PRIMARY) M.S. BUILDING, DR.AMBEDKAR ROAD, BENGALURU.

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…RESPONDENTS

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(BY SRI SHIVARAJ P. MUDHOL, ADVOCATE FOR R1 SRI M. H. PATIL, AGA FOR R2, R3 & R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:- a) QUASH THE ORDER DATED:03.08.2017 PASSED IN MISCELLANEOUS PETITION NO.105/2016 BY THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND EDUCATIONAL APPELLATE TRIBUNAL, BELAGAVI AT BELAGAVI, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 108989 of 2017

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ORDER

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The petitioner is before this Court for seeking following reliefs:

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a) Issue a writ of certiorari to quash the order dated 03.08.2017 passed in Miscellaneous Petition No.105/2016 by the IX Additional District and Sessions Judge and Educational Appellate Tribunal, Belagavi at Belagavi, the copy of which has been produced herewith and marked as Annexure-A.

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b) Any other direction which this Hon’ble Court deems fit to grant in fact and circumstance for the case may kindly be granted in favour of the petitioner by allowing this Writ Petition with cost throughout in the ends of justice and equity.

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EAT No.10/2008 had been filed by the appellant seeking for certain reliefs against the respondent therein.

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On certain orders being passed in the said proceedings, the petitioner challenged the same vide WP No.60123/2010 before this court, and this court set aside the order and remanded it to the EAT for fresh consideration. Post such remand, the appeal came to be transferred from the Principal District and Sessions Court, Belagavi to IX Additional District and Sessions Court, Belagavi and notice was issued to the parties by IX Additional District and Sessions Court, Belagavi. Though summons was issued on 6.01.2016, there was no

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WP No. 108989 of 2017

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appearance on part of the appellant. Certain other learned counsel accepted notice for respondent Nos.1 and 2 to 5. The matter came to be adjourned on 19.01.2016, 09.02.2016, 04.04.2016 and thereafter 07.04.2016 on which dates none appeared for the appellant and taking note of the absence on part of the appellant on 07.04.2016, the appeal came to be dismissed for nonprosecution.

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It is in that background Misc. Petition No.105/2016 had been filed for recall and restoration of the appeal.

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By the impugned order dated 03.08.2017 the Misc. petition came to be dismissed on the ground that the notice had been served despite which no appearance had been made. The Court further took note of the fact that, the advocate of the appellant had notice of the matter but did not appear in the matter and as such no indulgence is required to be extended to the petitioner. It is aggrieved by the same, the petitioner is before this Court.

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WP No. 108989 of 2017

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Sri J. S. Shetty, learned counsel for the petitioner would submit that, since the matter had been transferred from Principal District and Sessions Court, Belagavi to IX Additional District and Sessions Court, Belagavi, the petitioner as such was not aware of the same. Even otherwise if the knowledge is attributed to the counsel and the counsel did not appear due to mistake of counsel, the petitioner aught not to suffer and his interest put in jeopardy on account of none appearance.

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Per contra Sri Shivaraj P. Mudhol, learned counsel for respondent No.1 would submit that, enough and more opportunities had been granted by the Education Appellate Tribunal for appearance of the petitioner. It is only after four such opportunities being granted and the petitioner not appearing that the appeal came to be dismissed for non-prosecution and no grounds have been made out in the miscellaneous petition. The miscellaneous petition is also dismissed. Therefore, he submits that the present writ petition also required to be dismissed.

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WP No. 108989 of 2017

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Heard, Sri J. S. Shetty, learned counsel for the petitioner and Sri Shivaraj P. Mudhol, learned counsel for respondent No.1 and perused the papers.

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Admittedly, the petitioner had challenged an order passed by the EAT in WP.No.60213/2010 (S-DIS) which came to be allowed by this Court vide order dated 20.03.2015. The orders passed by the EAT was set aside and the matter remanded for fresh consideration.

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Admittedly, after the remand, the appeal came to be transferred by way of an administrative order from the Court of the Principal District and Sessions Court, Belagavi to IX Additional District and Sessions Court, Belagavi.

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Admittedly, after such transfer no appearance has been made by the appellant in the proceedings. It is in that background that the appellant contends that not being aware of the next dates of hearing, the appellant could not appear before the IX Additional District and Sessions Court, Belagavi. Even otherwise it is the contention that, the advocate of the petitioner was aware of the transfer

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WP No. 108989 of 2017

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by administrative order, the advocate did not appear which cannot be held against the appellant. Since, it is the appellant interest which is suffering on account of mistake by the counsel.

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In view of the above, I am of the considered opinion that the interest of the appellant cannot be made to suffer and as such I pass the following:

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ORDER

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a) The writ petition is allowed.

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b) A certiorari is issued, the order dated 03.08.2017 passed by the IX Additional District and Sessions Judge and the Educational Appellate Tribunal, Belagavi in Misc. Petition No.105/2016 at annexure-A is set aside. Consequently the Misc. Petition No.105/2016 is allowed.

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c) EAT No.10/2008 is restored to file. The petitioner who is the Appellant shall appear before the Educational Appellate Tribunal, Belagavi on 05.01.2023 without requirement of any further notice. In the event of the appellant not appearing on that date, the appellant shall not be entitled to the benefits of

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WP No. 108989 of 2017

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this order. In the event of the appellant appearing before the Educational Appellate Tribunal, Belagavi, the said Tribunal shall take up the matter and proceed there from.

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Sd/JUDGE

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SSP List No.: 1 Sl No.: 27

Basavaraj S/O Patreppa Pattanshetti v. Chairman

Case brief

What is this about?

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Basavaraj S/O Patreppa Pattanshetti v. Chairman

Case brief

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