Writ petition under Articles 226/227 filed in 2019. Petitioner was absent on two hearing dates in 2024 without counsel. Court dismissed the petition for non-prosecution due to a five-year delay.
Dismissal of the Writ Petition for non-prosecution.
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.
NC: 2024:KHC-D:12749 WP No. 105970 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105970 OF 2019 (SCST)
BETWEEN:
SRI. MAHANTESH S/O KOTRAPPA NAYAK, AGE: 30 YEARS, OCC: BUSINESS, R/O: H.NO.70, NEKAR NAGAR, K.E.B. PLOT, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD.
…PETITIONER
(BY SRI. HEMANTHKUMAR.L.HAVARAGI., ADVOCATE [ABSENT])
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SHIVAPRABHU.S.HIREMATH., AGA FOR R1-R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
When the matter is called, the petitioner is not represented. When the matter is listed and called out, the advocate must be present. The absence may affect the case.
Sri.Shivaprabhu S.Hiremath., AGA for the respondents has appeared in person.
As could be seen from the daily order sheet, the petition was listed on 31.08.2024, on that day, when the matter was called, there was no representation on behalf of the petitioner, either personally or through video conferencing. Hence, for appearance of counsel for the petitioner, the petition was ordered to be listed on 04.09.2024.
The petition is listed today. As already noted above, when the matter is called, the petitioner is not represented. As could be seen from the writ papers, the petition is filed in the year 2019. Now we are in the month of September 2024. The petition is pending from five years. It appears that the petitioner is not interested in prosecuting the petition. Hence, the Writ Petition is dismissed for non-prosecution.
Sd/(JYOTI MULIMANI) JUDGE
TKN LIST NO.: 2 SL NO.: 46
2 issues framed by the court
Whether the writ petition should be adjourned for hearing in the absence of petitioner's counsel.
Whether the writ petition should be dismissed for lack of prosecution after a five-year delay.
1 provisions across 1 enactments
Sri. Mahantesh S/o Kotappa Nayak
The Government of Karnataka
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
