Disposed

Sri Sugappa S/O Hanumantha v. the State of Karnataka

Karnataka HC2 Nov 2023WP/106585/2023

Case brief

AI extract

What is this about?

In this preliminary hearing, the High Court held that the Administrative Tribunal erred in issuing notice without deciding the interim prayer for stay. The petition was disposed of by remitting the matter to the Tribunal to consider the interim relief before issuing notice.

What did the court decide?

The petition was disposed of by remitting the matter to the Tribunal to consider the interim prayer before issuing notice.

Sri Sugappa S/O Hanumantha Vs the State of… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:12755-DB WP No. 106585 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF NOVEMBER, 2023 PRESENT

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THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV

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AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 106585 OF 2023 (S-KAT)

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BETWEEN:

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SRI. SUGAPPA S/O. HANUMANTHA, AGE. 52 YEARS, OCC. WORKING AS ASSISTANT EXECUTIVE ENGINEER, R/O. TEACHERS COLONY, NEAR CHAMUNDESHWARI TEMPLE, RAMANGAR, DIST. KOPPAL.

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PETITIONER

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(BY SRI. SUNIL S. DESAI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.

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SAROJA HANGARAKI

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Digitally signed by SAROJA HANGARAKI Date: 2023.11.04 11:02:44 +0530

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001.

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THE CHIEF ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, NORTH ZONE, VIJAYAPURA-586101.

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RESPONDENTS

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(BY SRI. G.K. HIREGOUDAR, GOVERNMENT ADVOCATE)

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2 - NC: 2023:KHC-D:12755-DB WP No. 106585 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH THE IMPUGNED ORDER DATED 20.10.2023 VIDE ANNEXURE-B & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S.SUNIL DUTT YADAV J., MADE THE FOLLOWING:

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ORDER

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The petitioner who was the applicant before the Tribunal has filed the present petition question correctness of the order dated 20.10.2023 whereby the Tribunal has issued notice on the application without considering the request for interim prayer sought for.

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The petitioner herein had filed the application challenging the order dated 18.10.2023 repatriating the petitioner and while so challenging, in the application specific interim prayer is sought for which reads as under:

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“Pending disposal of the present Application, the applicant most humbly prays that this Hon’ble Tribunal may be pleased to ‘STAY’ the operation, implementation and execution of the impugned notification dated 03.07.2023 bearing No. SaNiE 82 SEI 2023 issued by the 3^rd Respondent [Annexure-A4], to meet the ends of justice.”

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It is submitted by the counsel for the petitioner that at the time of the issuing notice, specific prayer was made seeking

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3 - NC: 2023:KHC-D:12755-DB WP No. 106585 of 2023

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for interim prayer which however has not been considered. Further it is submitted that despite such request for interim prayer, without passing any order on such request, notice is issued which has prejudiced the rights of the petitioner. Once the interim prayer is sought for and pressed, prior to issuance

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of notice, a considered order is to be passed on such request. Accordingly on that sole ground, matter is remitted back to the Tribunal to consider the interim prayer sought for, on next date of hearing.

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Learned AGA submits that they will be complete with instructions by the next date and assist the Tribunal for considering the interim relief. Accordingly petition is disposed off.

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Applicant is at liberty to seek for advancement of matter.

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In view of disposal of the petition, pending IAs also stand disposed off.

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Sd/JUDGE

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bvv / LIST NO.: 1 SL NO.: 11

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Sd/JUDGE

Sri Sugappa S/O Hanumantha v. the State of Karnataka

Case brief

What is this about?

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Sri Sugappa S/O Hanumantha v. the State of Karnataka

Case brief

What is this about?

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What the court decided

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