Writ petition filed in 2022 was not prosecuted: office objections remained uncomplied despite repeated opportunities over two years, and petitioners were unrepresented when called. The High Court dismissed the petition for non-prosecution and non-compliance of office objections.
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NC: 2024:KHC-D:12333 WP No. 104020 of 2022
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. 104020 OF 2022 (SCST)
BETWEEN:
…PETITIONERS
(BY SMT. KAVITA.P.HOSALLI., ADVOCATE [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
HOSAYELLAPUR ROAD, DHARWAD.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
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 11.10.2022, on that day, two weeks was granted to comply with the office objections. Thereafter, the petition was listed on several dates and sufficient time was granted to comply with the office objections. Once again the petition was listed on 05.07.2024, on that day, two weeks time was granted to comply with the office objections. Despite granting time, office objections were not complied with.
The petition is listed today for orders regarding noncompliance of office objections for the fifth 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 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.: 48
1 provisions across 1 enactments
Smt. Sumangala Kom Basappa Doddamani
Smt. Neelavva Kom Nagappa Somakkalavar (since dead, LRs)
Sri. Malatesh Nagappa Somakkalavaar
The State of Karnataka, represented by Secretary, Revenue Department
The Deputy Commissioner, Dharwad
The Assistant Commissioner, Dharwad
Jyoti Mulimani
As recorded by the court registry
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