The High Court of Karnataka at Dharwad Bench dismissed a writ appeal for non-prosecution after the appellant failed to appear, pay costs, and comply with office objections on multiple occasions.
The writ appeal is dismissed for non-prosecution.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF NOVEMBER, 2023 PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100068 OF 2020 (S-REG)
BETWEEN:
SHRI. PRAKASH, S/O. RAGHAVACHARYA SANGAM, AGE: 55 YEARS, OCC.: GRADUATE ASSISTANT, PRE-SUB-DIVISION, HUBBALLI, R/O H.NO.6, PRIYADARSHINI COLONY, AKSHAYA PARK, HUBBALLI, DIST: DHARWAD.
(BY SRI. A.S. PATIL, ADVOCATE)
AND:
VINAYAKA B V
Digitally signed by VINAYAKA B V Date: 2023.11.28 11:56:39 +0530
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HONBLE COURT TO, SET ASIDE THE ORDER DATED 07.03.2017 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.107146-107147/2016 AND 108089-108109/2016 (S-REG) AND ACCORDINGLY TO ALLOW THE WRIT PETITION FILED BY THE APPELLANT AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, S.SUNIL DUTT YADAV J., PASSED THE FOLLOWING:
ORDER
Perused the order dated 09.11.2023 which reads as
follows:
“There is no representation on behalf of the appellant in the morning session as well when it is called out in the post lunch session.
This Court on several occasions granted time to comply with the office objections, however, none of the office objections have been complied with.
As a last chance, the matter is adjourned on a cost of Rs.2,500/- payable to the Legal Services Authority, High Court of Karnataka, Dharwad Bench, Dharwad.
List this matter on 21.11.2023 in the orders’ list for dismissal of the appeal.”
There is no representation on behalf of the appellant when the matter is called out. No costs has been paid or the office objections have been complied with. The matter has been listed for the sixth time. Hence, the appeal is dismissed for non-prosecution.
Sd/JUDGE
Sd/JUDGE
bvv LIST NO.: 1 SL NO.: 23
1 issue framed by the court
Whether the writ appeal should be dismissed for non-prosecution in the absence of representation and non-payment of costs.
SHRI. PRAKASH
THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA
THE STATE OF KARNATAKA
THE CHIEF ENGINEER, DEPARTMENT OF PANCHAYAT RAJ ENGINEERING
THE SUPERINTENDING ENGINEER, PRE CIRCLE, HALIYAL ROAD, DHARWAD
THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, DHARWAD
S.SUNIL DUTT YADAV
VIJAYKUMAR A.PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
