Writ appeal by respondents in WP No.101873/2023 challenging an order directing the City Municipal Council to act on a show-cause notice. Counsel submitted that subsequent orders dated 12.09.2023 and later proceedings made the appeal infructuous. The court disposed of the writ appeal as no longer surviving.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2024 PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA WRIT APPEAL NO.100171 OF 2024 (LB-RES)
BETWEEN:
K M SOMASHEKAR Digitally signed by K MSOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
NC: 2024:KHC-D:7372-DB WA No.100171 of 2024
TQ: RANEBENNUR, DIST: HAVERI.
TQ: RANEBENNUR, DIST: HAVERI.
…APPELLANTS
(BY SRI. MRUTHYUNJAYA TATA BANGI AND SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATES)
AND:
NC: 2024:KHC-D:7372-DB WA No.100171 of 2024
3. SHRI B.C. VIJAYKUMAR W/O CHANNAKUMAR BADAMI @ CHANNAPPA BADAMI
AGE: 50 YEARS, OCC: BUSINESS,
RESPONDENTS NO. 2 AND 3 ARE R/O NEAR SANGAM THEATRE, STATION ROAD, RANEBENNUR-581115,
TQ: RANEBENNUR, DIST: HAVERI.
…RESPONDENTS
(BY SRI. PRASHANTH S. HOSAMANI, ADVOCATE FOR R1)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DTD. 01.08.2023 IN WRIT PETITION NO.101873/2023, PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:
ORDER
This Writ Appeal is filed by the respondents No.1 to 12 in WP No.101873/2023 questioning the correctness and legality of the order dated 1.8.2023 passed in the said writ petition.
2. Heard the learned counsel Sri. Mrutyunjaya Tata Bangi for the appellants and learned counsel Sri. Prashant S Hosamani for the respondent No.1/City Municipal Council and perused the writ appeal papers.
3. Learned counsel Sri. Mrutyunjaya Tata Bangi for the appellants would submit that subsequent to the direction issued by this Court in the impugned order directing the respondent No.13/City Municipal Council to take suitable action against respondents No.1 to
NC: 2024:KHC-D:7372-DB WA No.100171 of 2024
12, based on the final show-cause notice dated 1.9.2022, the authorities have passed an order dated 12.09.2023. Hence, he would submit that in view of subsequent developments, the present writ appeal would no more survive for consideration. Further, he also submits that subsequent order dated 12.09.2023 was the subject matter of WP No.105755/2023, which was disposed off on 10.11.2023 and the said order was the subject matter in WA No.100170/2024, which is also withdrawn by the appellants on 4.6.2024.
4. Taking note of the above submission of learned counsel Sri. Mrutyunjaya Tata Bangi and in view of subsequent developments, the present writ appeal would no more survive for consideration and the same stands disposed off.
Pending applications, if any, are disposed off as not surviving for consideration.
Sd/JUDGE
Sd/JUDGE
JTR CT:VP
1 issue framed by the court
Whether the writ appeal survives after the Municipal Council passed an order dated 12.09.2023 pursuant to the single judge's directions?
1 provisions across 1 enactments
Smt. Mamata P. Jain
Smt. Trupti P. Jain
Smt. Ruchi P. Jain
Smt. Rupali B. Jain
Smt. Chanda P. Jain
Smt. Vimala M. Bhandari
S G Pandit
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
