Remanded

Ramappa S/O Gurappa Lamani v. the State of Karnataka

Karnataka HC8 Sept 2023WP/105532/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, in a writ petition seeking quashing of an interim relief refusal by the Karnataka State Administrative Tribunal, directed the Tribunal to dispose of the pending main application within fifteen days to avoid irreparable injury. No opinion was expressed on the merits.

What did the court decide?

The Tribunal was directed to hear and dispose of the main application (OA No.10530/2023) within fifteen days from September 15, 2023.

Ramappa S/O Gurappa Lamani Vs the State of… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:10205-DB WP No. 105532 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8^TH DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 105532 OF 2023 (S-KAT)

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BETWEEN:

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RAMAPPA S/O GURAPPA LAMANI AGE. 63 YEARS, OCC. RETIRED RANGE FOREST OFFICER, MUNDARGI ZONE.

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…PETITIONER

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(BY SRI. SANTOSH B MALLIGAWAD, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT (ECOLOGY AND ENVIRONMENT) ROOM NO.448, 4^TH FLOOR, GATE NO.2,

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M S BUILDING, BENGALURU 560001

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K M SOMASHEKAR HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.09.12 10:44:48 +0530

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THE KARNATAKA LOKAYUKTA DR. B R AMBEDKAR ROAD, M S BUILDING, BANGALORE 560001

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THE UPA LOKAYUKTA AMBEDKAR ROAD, M S BUILDING, BANGALORE 560001.

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…RESPONDENTS

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(BY SRI.G.K. HIREGOUDAR, GOVT. ADVOCATE FOR R1)

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THIS WRIT PETTITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 5.7.2023 IN OA NO.10530/2023 PASSED BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BELGAVI BENCH VIDE ANNEXURE-B.

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2 - NC: 2023:KHC-D:10205-DB

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WP No. 105532 of 2023

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, S.R. KRISHNA KUMAR J., PASSED THE FOLLOWING:

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ORDER

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This petition is directed against the impugned order

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dated 5.7.2023 passed in OA No.10530/2023 by the Karnataka State Administrative Tribunal, Belagavi Bench, whereby the request for interim prayer/relief sought for by the petitioner/applicant was refused by the Tribunal.

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2. Heard the learned counsel for the petitioner and learned Government Advocate, who has taken notice for respondent No.1/State and perused the material on record.

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3. The material on record discloses that the petitioner/applicant filed instant application i.e. OA No.10530/2023 seeking quashing of the impugned showcause notice dated 7.5.2022 issued by respondent No.2 and impugned charge memo dated 11.05.2023 issued by respondent No.2 and for other reliefs in the said application. The petitioner/applicant had sought for stay

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3 - NC: 2023:KHC-D:10205-DB WP No. 105532 of 2023

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of further proceedings in the departmental enquiry initiated pursuant to the aforesaid charge memo by the respondents.

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4. It is the grievance of the petitioner/applicant that despite seeking emergent/urgent interim relief, the Tribunal has refused to consider the same and has issued notice to the respondents and as such, if the interim prayer sought for by the petitioner/applicant is not granted, the application would be rendered infructuous resulting in irreparable injury and hardship to the petitioner, who is before this Court by way of present writ petition.

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5. A perusal of the material on record will indicate that there are several contentions urged by the petitioner in the present writ petition and the application before the Tribunal. However, in view of the fact that the matter is set down for hearing before the Tribunal on 15.09.2023, we deem it just and appropriate to dispose off this writ petition directing the Tribunal to consider and dispose off

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NC: 2023:KHC-D:10205-DB WP No. 105532 of 2023

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the main application itself in accordance with law within a period of fifteen days from 15.09.2023. All rival contentions between the parties are kept open and no opinion is expressed on the same.

Sd JUDGE

Sd JUDGE

JTR

List No.: 1 Sl No.: 28

Ramappa S/O Gurappa Lamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Ramappa S/O Gurappa Lamani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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