Writ petition filed in 2021 against electricity supply authorities was dismissed for non-prosecution: counsel absent when called and office objections remained uncomplied with despite repeated opportunities over nearly three years.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 12072 OF 2021 (GM-KEB)
BETWEEN:
SMT. S.T.SMITHA W/O B.UMESH CHALLAKERE, AGED ABOUT 54 YEARS, RESIDING AT GORLAKATTE VILLAGE, CHALLAKERE TALUK, CHITRADUGA DISTRICT. KARNATAKA PIN-577 51.
…PETITIONER
(BY SRI. ANANDA & SRI. N.HEMAPRASAD., ADVOCATES [ABSENT])
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
NC: 2024:KHC:44923 WP No. 12072 of 2021
…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 case is called, the petitioner is not represented. When the case 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 29.07.2021, on that day, four weeks time was granted to comply with office objections. Thereafter, the petition was listed on several dates and sufficient opportunities were given to comply with the office objections. Again, the petition was listed on 12.03.2024, on that day, a week's time was granted to comply with office objections. Despite granting time, office objections are not complied with.
The petition is listed today for orders regarding noncompliance of office objections. 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 2021. The office has raised certain objections at the stage of scrutiny. Now we are in the month of November 2024. The petition is pending for almost three years. As already noted above, when the case is called, the petitioner is not represented. It appears that the petitioner is 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.: 11
1 provisions across 1 enactments
Smt. S.T. Smitha
The State of Karnataka
The State of Karnataka Department of Energy
The Superintending Engineer (Electrical), BESCOM
The Executive Engineer (Electrical), BESCOM
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
