High Court of Karnataka dismissed a writ petition for nonprosecution in respect of absent petitioners 1 to 3 and as withdrawn in respect of petitioner 4.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.25717 OF 2013 (L-RES)
BETWEEN:
S/O LATE V.M.SWAMY, SINCE DECEASED BY HIS LR'S,
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT NO.1342, 1ST FLOOR, 2ND CROSS, 1ST MAIN, MUNINAGAPPA LAYOUT, KAVALBYRASANDRA, BANGALORE - 560 038.
…PETITIONERS
(PETITIONER 1 TO 3 - [ABSENT]; BY SRI. J. ARAVIND BABU., ADVOCATE FOR P4)
AND:
THE ASSISTANT GENERAL MANAGER I/A & DISCIPLINARY AUTHORITY STEEL AUTHORITY OF INDIA LTD., VISHVESHWARAIAH IRON AND STEEL PLANT, BHADRAVATHI - 577 301. SHIMOGGA DISTRICT.
…RESPONDENT
(BY SRI. SOMASHEKAR., ADVOCATE FOR S.N.MURTHY ASSOCIATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The names of petitioners 1 to 3 are called out thrice in the open Court. There is no representation on behalf of petitioners 1 to 3 either personally or through video conferencing. Petitioners 1 to 3 are absent.
Sri.J.Aravind Babu., learned counsel for petitioner No.4 has appeared in person.
Sri.Somashekar., learned counsel for the respondent has appeared through video conferencing.
NC: 2023:KHC:40807 WP No. 25717 of 2013
As could be seen from the daily order sheet, the petition was listed on 10.03.2023. Taking note of the memo filed by counsel Sri.M.C.Basavaraju., seeking permission to retire from the case in respect of petitioners 1 to 3, the Court ordered to delete the name of Sri.M.C.Basavaraju., as counsel appearing for petitioners 1 to 3 from the cause list.
The matter was listed on 01.08.2023. Since this Court permitted counsel Sri.M.C.Basavaraju., to retire from the case in respect of petitioners 1 to 3, the office concerned was required to show the names of petitioners 1 to 3 in the cause list, but it was not shown. Hence, this Court directed the office concerned to show the name of petitioners 1 to 3 in the cause list and the petition was adjourned.
The petition is listed today by showing the names of petitioners 1 to 3 in the cause list. As already noted above, the names of petitioners 1 to 3 called out thrice in the open Court. There is no representation on behalf of petitioners 1 to 3 either personally or through video conferencing. Petitioners 1 to 3 are absent. Hence, the Writ Petition is dismissed for nonprosecution in respect of petitioners 1 to 3.
NC: 2023:KHC:40807 WP No. 25717 of 2013
Counsel Sri.J.Aravind Babu., submits that a memo has been filed stating that the Writ Petition may be dismissed as withdrawn in respect of petitioner No.4. Counsel therefore, submits that the memo may be placed on record and the Writ Petition may be dismissed as withdrawn in respect of petitioner No.4.
Submission is noted. Memo is placed on record.
The Writ Petition is dismissed as withdrawn in respect
of petitioner No.4.
Sd/JUDGE
MRP/TKN List No.: 1 Sl No.: 22
V.M. Ravindra (by LRs)
The Assistant General Manager I/A & Disciplinary Authority, Steel Authority of India Ltd.
Jyoti Mulimani
As recorded by the court registry
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