Disposed¶59

Smt Usha Mahesh Dasar v. State of Karnataka

Karnataka HC7 Apr 2025WA/100132/2025

Case brief

AI extract

What is this about?

Interim stay; removal of President and Councillors of Gadag-Betageri Municipal Council; Section 41(1) & (2) Karnataka Municipalities Act 1964; Regional Commissioner Belagavi Division order dated 27.2.2025; writ appeal against Single Judge order deferring interim consideration; effect of writ appeal on interim prayer; statement of objections filed; Section 4 Karnataka High Court Act 1961; WP No.101601/2025; WA No.100132 of 2025; LB-RES; High Court of Karnataka Dharwad Bench; hearing of main matter on 16.4.2025.

What did the court decide?

Writ appeal disposed of; learned Single Judge requested to consider the interim prayer or hear the main matter itself on 16.4.2025; Registry directed to list WP No.101601/2025 before the learned Single Judge on 16.4.2025; pending applications disposed of as not surviving for consideration. ¶59

Smt Usha Mahesh Dasar Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

What is the effect of the writ appeal filed against the learned Single Judge's order dated 04.03.2025 (deferring consideration of the interim prayer) — does it impede the learned Single Judge from considering the petitioners' interim prayer? +1 more

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Court's answer

Filing of a writ appeal against non-consideration of the interim prayer is immaterial and would not be an impediment for the learned Single Judge to consider the interim prayer.

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Ratio / Principle

Since the statement of objections have been filed by the State/contesting respondents to the main writ petition, the Division Bench requested the learned Single Judge to consider the interim prayer of the petitioners or to hear the main matter itself on 16.4.2025, and the Registry was directed to list the writ petition before the learned Single Judge on 16.4.2025.

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Detailed headnote1 paragraphs

Division Bench (S G Pandit and C M Poonacha, JJ.; judgment per S G Pandit, J.) disposed of a writ appeal under Section 4, Karnataka High Court Act, 1961, directed against the learned Single Judge's order dated 04.03.2025 in W.P.No.101601/2025, whereby notice was issued on a challenge to the Regional Commissioner, Belagavi Division's order dated 27.2.2025 (No.PRA AA BE.K.M.C/53/2024-25/E.NO.262750) removing the appellants as President/Councillors of Gadag-Betageri Municipal Council under Section 41(1) & (2), Karnataka Municipalities Act, 1964, but consideration of the interim stay prayer was deferred until filing of statement of objections. Held, mere filing of a writ appeal against non-consideration of an interim prayer would not impede the learned Single Judge from considering it; the statement of objections having since been filed by the State/contesting respondents, the learned Single Judge was requested to consider the interim prayer or hear the main matter itself on 16.4.2025, and the Registry was directed to list the writ petition accordingly. Writ appeal disposed of; pending applications dismissed as not surviving.

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NC: 2025:KHC-D:6167-DB WA No. 100132 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF APRIL, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE S G PANDIT

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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WRIT APPEAL NO.100132 OF 2025 (LB-RES)

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BETWEEN:

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SMT. USHA MAHESH DASAR W/O MAHESH DASAR AGED ABOUT 27 YEARS,

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R/AT SIDDARAMESHWAR NAGAR,

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NEAR HUGAR PLOT, GADAG-582101.

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SRI ANIL M. ABBIGERE S/O MALLAPPA AGED ABOUT 49 YEARS, R/A 1728/5, OLD SARAF BAZAAR, GADAG-562101.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SRI GULAPPA S MUSHIGERI S/O HANAMANTHAPPA MUSHIGIRI AGED ABOUT 45 YEARS, R/A NO. 250/9, VIVEKANANDA NAGAR, NEAR HANUMAN TEMPLE, BETAGERI, GADAG-582101.

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…APPELLANTS

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(BY SRI. K.N. PHANINDRA, SENIOR ADVOCATE FOR SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)

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AND:

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STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE DEPUTY COMMISSIONER

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NC: 2025:KHC-D:6167-DB WA No. 100132 of 2025

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GADAG DISTRICT, DISTRICT ADMINISTRATION BUILDING, GADAG-582101.

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THE REGIONAL COMMISSIONER BELAGAVI DIVISION, BELAGAVI-590002.

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THE COMMISSIONER CITY MUNICIPAL COUNCIL GADAG–BETAGERI, STATION ROAD, GANDHI CIRCLE, GADAG-582102.

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THE ASSISTANT COMMISSIONER GADAG CUM ELECTION OFFICER, GADAG-BETAGERI CITY MUNICIPAL COUNCIL, GADAG-582102.

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…RESPONDENTS (BY SRI.SHASHIKIRAN SHETTY, ADVOCATE GENERAL AND SRI.GANGADHAR J.M., AAG FOR SRI.M.M.KHANNUR, AGA FOR R1-3 AND R5; SRI. HARSH DESAI, ADVOCATE FOR R4)

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THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED 04.03.2025 PASSED IN W.P.NO.101601/2025 BY THE LEARNED SINGLE JUDGE, AND GRANT THE INTERIM ORDER AS PRAYED FOR IN THE WRIT PETITION NO.101601/2025, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

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THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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NC: 2025:KHC-D:6167-DB WA No. 100132 of 2025

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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This writ appeal filed under Section 4 of the Karnataka High Court Act, 1961, is directed against order dated 4.3.2025 passed in WP No.101601/2025, wherein the learned Single passed the following:

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“ Sri.Sandeep Patil., counsel on behalf of Sri.Mrutyunjaya S.Hallikeri., for the petitioners has appeared in person. Sri.Shashi Kiran Shetty, Advocate General has appeared through video conferencing. AGA is directed to take notice on behalf of respondents 1 to 3 and 5.

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Counsel Sri. Harsh Desai, is directed to take notice on behalf of respondent No.4. Counsel for the petitioners is directed to serve two sets of copies of writ petition along with Annexures to AGA as well as to counsel Sri.Harsh Desai.

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Interim order will be considered after filing of the statement of objections by the answering respondents.

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List this matter on 14.03.2025. ”

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When the matter was listed again on 14.3.2025, the

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learned Single Judge passed the following:

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“ Sri. K.N.Phanindra., Senior counsel on behalf of Sri.Mrutyunjaya S.Hallikeri., for the petitioners and Sri.Harsh Desai., counsel for respondent No.4 have appeared through video conferencing. Sri. Gangadhar J.M., AAG for respondents 1 to 3 and 5, has appeared in person.

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4 - NC: 2025:KHC-D:6167-DB WA No. 100132 of 2025

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A perusal of the daily order sheet would reflect that the petition was listed on 04.03.2025, on that day, notice was ordered to the respondents and it was observed that the interim order will be considered after filing of the statement of objections by the answering respondents and it was ordered to be listed on 14.03.2025.

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The petition is listed today. AAG submits that the statements of objections are ready and same will be filed in the Registry. Submission is noted. The other respondents are yet to file the statement of objections. The petitioners have questioned the daily order dated 04.03.2025 before the Division Bench in Writ Appeal No.100132/2025. Because of filing of the Writ Appeal, the respective parties may agitate their contentions/grievance about the interim application before the Division Bench. Matter is adjourned. ”

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The appellants/petitioners are before the learned Single Judge in WP No.101601/2025, questioning the order passed by respondent No.3/Regional Commissioner, bearing No.PRA AA BE.K.M.C/53/2024-25/E.NO.262750, dated 27.2.2025, whereunder the petitioners are removed from the office of the President/Councilors of Gadag-Betageri Municipal Council in exercise of power under Section 41(1) & (2) of the Karnataka Municipalities Act, 1964.

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The petitioners had sought for interim order to stay the operation of the said order dated 27.2.2025. The learned Single Judge at the first instance observed that the interim

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NC: 2025:KHC-D:6167-DB WA No. 100132 of 2025

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order would be considered after filing of statement of objections by answering respondents.

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Learned Advocate General and learned Addl. Advocate General appearing for the contesting respondents would submit that the statement of objections in writ petition has been filed on 14.3.2025. Learned Senior Counsel Sri. K.N. Phanindra appearing on behalf of the appellants/petitioners would submit that a copy of the statement of objections has been served on them today.

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When the matter was listed on 14.3.2025, on behalf of the government, learned Addl. Advocate General submitted before the learned Single Judge that the objections are ready and the same would be filed in the Registry.

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Taking note of the fact that the petitioners had filed present writ appeal, the learned Single Judge observed that the respective parties may agitate their contentions/grievance about the interim application before the Division Bench. The learned Single Judge at the first instance has observed that the interim order would be considered on filing of the statement of objections. Therefore, filing of writ appeal against order dated

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6 - NC: 2025:KHC-D:6167-DB WA No. 100132 of 2025

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4.3.2025 is immaterial for consideration of interim prayer of the petitioners by the learned Single Judge. Mere filing of writ appeal against non-consideration of interim prayer would not be an impediment for the learned Single Judge to consider the interim prayer. Now, that the statement of objections are filed by the State/contesting respondents to the main writ petition itself, we request the learned Single Judge to consider the interim prayer of the petitioners or to hear main matter itself on 16.4.2025.

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