Writ petition concerning land tribunal proceedings was dismissed for non-prosecution after the petitioners' advocate was repeatedly absent and office objections were left unrectified for nearly two years despite multiple extensions.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 100013 OF 2022 (LR)
BETWEEN:
SRI. GOVINDAPPA S/O BALAPPA KULAGOD, SINCE DECEASED BY HIS LR’S.,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
R/O. SUNNAL VILLAGE, TQ. RAMDURG, DIST. BELAGAVI.
…PETITIONERS
(BY SRI. SRINAND.A.PACHHAPURE., ADV. [ABSENT])
AND:
SRI. BHIMAPPA S/O LAXMAPPA BASIDONI, SINCE DECEASED BY HIS LR’S.,
SRI. MARUTI S/O BHIMAPPA BASIDONI, SINCE DECEASED BY HIS LR’S.,
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
NC: 2024:KHC-D:12319 WP No. 100013 of 2022
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the matter is called, the petitioners are not represented. When the matter is listed and is called out, the advocate must be present. The absence may affect the case.
As could be seen from the daily order sheet, the petition was listed on 07.10.2022, on that day, two weeks time was granted to comply with the office objections. Again the petition was listed on 23.07.2024, on that day, two weeks time was granted to rectify the objections raised by the registry. Despite granting time, office objections were not complied with.
The petition is listed today for orders regarding noncompliance of office objections for the third time. A perusal of the entire order sheet reveals that despite giving sufficient opportunities, the office objections are not complied with. Furthermore, the petition is filed in the year 2022. Now we are in the month of August 2024. The petition is pending for almost two years. As already noted above, when the matter is called, the petitioners are not represented. It appears that the
NC: 2024:KHC-D:12319 WP No. 100013 of 2022
petitioners are not diligent in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution and also for
non-compliance of office objections.
Sd/(JYOTI MULIMANI) JUDGE
MRP List No.: 1 Sl No.: 2
1 provisions across 1 enactments
Sri. Govindappa S/o Balappa Kulagod (since deceased) by his LRs
The Land Tribunal, Ramadurg, represented by its Chairman
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
