The High Court of Karnataka at Bengaluru disposed of writ petitions wherein the petitioner's death was reported without legal representatives appearing. The court held that the proceedings abate and dismissed the petitions accordingly.
The petition was abated and dismissed as the petitioner died and no legal representatives appeared to continue the file.
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:26530 WP No. 4867 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 4867 OF 2013 (S-RES)
BETWEEN:
SRI SIDDAIAH S/O BASAVAIAH, AGED ABOUT 55 YEARS, WATERMAN, MADAPURA GRAMA PANCHAYAT, KADAHALLI VILALGE, MADAPURA POST, CHAMARAJANAGAR TALUK.
…PETITIONER
(BY SRI. ARAVIND H.,ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:26530 WP No. 4867 of 2013
CHAMARAJANAGAR -571 313.
…RESPONDENTS
(BY SRI. ASHOK N NAYAK, ADVOCATE FOR R3-5; R1 AND R2 ARE SERVED)
THIS W.P.IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE ORDER DATED 26.4.2011 ISSUED BY R-1 & 2 VIDE ANNX-D AND THE APPELLATE ORDER DATED 5.1.2013 VIDE ANNX-J PASSED BY R-4; DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER IN SERVICE AS WATERMAN IN MANDAPURA GRAMAPANCHAYAT WITH ALL CONSEQUENTIAL BENEFITS.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the third to fifth respondents submits that according to the information received by his clients, the petitioner has died on 03.08.2023. None appears for the petitioner.
If the petitioner has died and his legal representatives have chosen not to come on record within the time allowed, the petition must stand abated and stands dismissed accordingly.
Sd/JUDGE
NV
1 issue framed by the court
Whether the writ petition stands abated upon the petitioner's death without legal representatives appearing on record.
1 provisions across 1 enactments
SRI SIDDAIAH S/O BASAVAIAH
THE SECRETARY MADAPURA GRAMA PANCHAYAT
THE PRESIDENT MADAPURA GRAMA PANCHAYAT
THE PANCHAYATH DEVELOPMENT OFFICER MADAPURA GRAMA PANCHAYAT
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH
THE EXECUTIVE OFFICER TALUK PANCHAYATH CHAMARAJANAGAR TALUK
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
