The High Court dismissed a writ petition and connected criminal petition for lack of prosecution, as no representation was filed by the petitioner despite repeated calls for hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 50951 OF 2016 (GM-RES) C/W CRIMINAL PETITION NO. 6892 OF 2020
IN W.P.NO.50951/2016:
BETWEEN:
D. PRAKASH S/O C.H. DEVENDRAPPA, AGED ABOUT 42 YEARS WORKING AS REVENUE INSPECTOR IN THE OFFICE OF TAHSILDAR, HARIHAR TALUK, DAVANAGERE DISTRICT SINCE THE FORENOON OF 19-07-2013
RESIDING AT NO.510/3, SHIVAKUMAR SWAMY EXTENSION, 1ST STAGE, 2ND MAIN, 2ND CROSS, DAVANAGERE-577 005
…PETITIONER
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
(BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE (ABSENT))
AND:
THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 005
THE ASSISTANT COMMISSIONER, DAVANAGERE SUB-DIVISION, DAVANAGERE-577 005
THE TAHSILDAR DAVANAGERE TALUK DAVANAGERE-577 005
DAVANAGERE-577 005
REPRESENTED BY ITS MEMBERS
…RESPONDENTS
(BY SRI. RJAT SUBRAMANYAM, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1 TO 16; SRI. B.S.PRASAD, ADVOCATE FOR RESPONDENT NO.17 CAUSE TITLE IS AMENDED VIDE ORDER DATED 06.10.2023)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET AT NAUGHT THE ADMINISTRATIVE ORDER AT ITS SOFFIT PASSED BY THE RESPONDENT NO.3 DEPUTY COMMISSIONER AND CHAIRMAN OF RESPONDENT NO.6 IN NO.EST/VIVA-34/2016-17 DATED 14.09.2016 VIDE ANNEXURE-E.
IN CRL.P.NO.6892/2020:
BETWEEN:
D. PRAKASH S/O. C.H. DEVENDRAPPA, AGED ABOUT 42 YEARS, REVENUE INSPECTOR IN THE OFFICE OF TAHSILDAR, DAVANAGERE TALUK, KASABA - 577005
NOW AT DEPUTY TAHASILDAR OFFICE OF HOSAKOTE TAHASILDAR, BANGALORE RURAL DISTRICT- 562114
NC: 2023:KHC:44505 WP No. 50951 of 2016 C/W CRL.P No. 6892 of 2020
AND ALSO AT OWN RESIDING SHIVAKUMAR SWAMY EXTENSION, NO.510/3, 1ST STAGE, 2ND MAIN , 2ND CROSS, DAVANAGERE -577005
…PETITIONER
(BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE (ABSENT))
AND:
STATE OF KARNATAKA REPRESENTED KARNATAKA LOKAYUKTA POLICE, DAVANAGERE, DAVANAGERE-577005.
…RESPONDENT
(BY SRI. B.S.PRASAD, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALL FOR ENTIRE RECORDS ON THE FILE OF THE DISTRICT AND SESSIONS JUDGE, SPECIAL COURT, DAVANAGERE IN CRIME NO.8/2014 AND TO QUASH ENTIRE PROCEEDINGS INITATED IN CRIME NO.08/2014 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 4(1), 15, 21, 22 READ WITH SECTION 43 OF THE KARNATAKA MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 AND RULES 43 AND 46 OF THE KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 AND SECTION 13(1)(c) READ WITH SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 AND SECTIONS 108, 420, 120B OF THE INDIAN PENAL CODE, 1860 IN SO FAR AS IT RELATES TO THE PETITIONER IS CONCERNED VIDE ANNEXURE-A AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation for the petitioner though
the cases are called twice in the day.
Hence, these petitions are dismissed for non-
prosecution.
Sd/JUDGE
SMA
List No.: 1 Sl No.: 64
D. PRAKASH S/O C.H. DEVENDRAPPA
STATE OF KARNATAKA
R. NATARAJ
As recorded by the court registry
2 orders share this CNR
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