Single judge order abating a writ petition filed under Article 226 quashing a notice, holding that the petition stands abated due to the death of the sole petitioner.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION No.936 OF 2019 (CS-RES)
BETWEEN:
SRI A.VYKUNTA PRABHU S/O APPAYA PRABHU, AGE 68 YEARS, R/AT KUKUMBALLA HOUSE, ALLETTI VILLAGE, PERERAJE POST, SULLIA TALUK, D.K.DISTRICT.
... PETITIONER
(BY SRI.AJAY PRABHU, ADVOCATE FOR SRI SACHIN B.S., ADVOCATE)
AND:
BANGALORE - 10.
... RESPONDENTS
(BY SRI A. DEVARAJA, ADVOCATE FOR R1; SRI Y.C.SURESH, ADVOCATE FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 11.12.2018 IN NO.SAM.S/SHA140/NI/MNG-0001/2018-10/1138 ISSUED BY 1ST RESPONDENT AS PER ANNEXURE - A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Ajay Prabhu., learned counsel on behalf of Sri.Sachin.B.S., for petitioner and Sri.A.Devaraja., learned counsel for respondent No.1 have appeared in person.
The captioned Writ Petition is filed by Sri.A.Vykunta Prabhu - the petitioner to issue a Writ of Certiorari to quash the Notice dated:11.12.2018 in No. ¸À/±À-
140/¤/JAJ£ïf-0001/2018-19/1138 vide Annexure-A.
Counsel Sri.A.Devaraja., on instruction submits that Sri.A.Vykunta Prabhu - the petitioner has died on 24.11.2021 and the relief sought is personal to the petitioner and in view of death of petitioner, nothing survives for consideration and the Writ Petition stands
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abated. Counsel therefore, submits that appropriate order may be passed.
Learned counsel Sri.Ajay Prabhu., submits that appropriate order may be passed.
The oral submission made on behalf of learned counsel for respondent No.1 regarding death of sole petitioner is placed on record.
In view of death of petitioner, the Writ Petition
stands abated .
Sd/JUDGE
TKN
Sri A.Vykunta Prabhu
Managing Director, Karnataka State Souharda Federal Co-Operative Socieeties
Jyoti Mulimani
As recorded by the court registry
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