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Sri.B.N.Shivaprakasha Vs State of Karnataka — Company and Corporate | Karnataka HC (2025)

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Karnataka HC
2025
Sri.B.N.Shivaprakasha Vs State of KarnatakaSri.B.N.Shivaprakasha v. State of Karnataka

Dismissed¶27

Sri.B.N.Shivaprakasha v. State of Karnataka

Karnataka HC6 Mar 2025WP/5190/2025

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru; WP No. 5190 of 2025 (S-RES); decided 06.03.2025 by Justice R. Nataraj (single Judge). Petitioner: Sri B.N. Shivaprakasha, Senior Clerk of the Course (BTC), Bangalore Turf Club Limited (counsel: Sri Shishira Amarnath). Respondents: State of Karnataka Finance Department; State of Karnataka Home Department (both represented by AGA Sri Naveen Chandrashekar); Managing Committee, Bangalore Turf Club Limited; CEO and Secretary, Bangalore Turf Club Limited; Mr. Jagadish K.A. Petition under Articles 226 and 227 sought certiorari against suspension-cum-show-cause notice dated 21.10.2024, No. ADMIN/1333 (Annexure-M), passed by respondent No.3. Disposed of on counsel's memo: petition dismissed as withdrawn with liberty to pursue appropriate proceedings before the appropriate Court. No merits decided; no cases cited; no monetary reliefs.

What did the court decide?

Liberty to file appropriate proceedings before the appropriate Court for appropriate relief.

Why is it important?

On the memo filed by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn, with liberty to the petitioner to file appropriate proceedings before the appropriate Court for appropriate relief. ¶26

What the court decided

AI extract

Outcome

Liberty to file appropriate proceedings before the appropriate Court for appropriate relief.

Issue for consideration

Whether the suspension-cum-show-cause notice dated 21.10.2024 bearing No. ADMIN/1333 (Annexure-M) passed by respondent No.3 was liable to be set aside by a writ of certiorari (issue raised in the prayer; not adjudicated, as the petition was withdrawn).

Ratio / Principle

On the memo filed by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn, with liberty to the petitioner to file appropriate proceedings before the appropriate Court for appropriate relief.

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India by a Senior Clerk of the Course (BTC), Bangalore Turf Club Limited, praying for a writ of certiorari to set aside the suspension-cum-show-cause notice dated 21.10.2024 bearing No. ADMIN/1333 (Annexure-M) passed by respondent No.3 (Managing Committee, Bangalore Turf Club Limited). At the preliminary hearing stage, learned counsel for the petitioner filed a memo seeking permission to withdraw the petition with liberty to initiate appropriate proceedings before the appropriate Court. Allowing the memo, the Court dismissed the petition as withdrawn and granted the petitioner liberty to file appropriate proceedings before the appropriate Court for appropriate relief. No findings were recorded on the merits and no precedent was considered.

A

1 - NC: 2025:KHC:9915 WP No. 5190 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5190 OF 2025 (S-RES)

BETWEEN:

SRI. B.N.SHIVAPRAKASHA SON OF NARASIMHAIAH N, AGED ABOUT 43 YEARS, SENIOR CLERK OF THE COURSE (BTC) BANGALORE TURF CLUB LIMITED, DOOR NO. 474, 3^RD BLOCK, SIR M VISHVWSHWARIAH LAYOUT, BENGALURU - 560 056. KARNATAKA. …PETITIONER

(BY SRI. SHISHIRA AMARNATH, ADVOCATE)

AND:

Digitally signed by SUMA Location: HIGH COURT KARNATAKA

STATE OF KARNATAKA FINANCE DEPARTMENT, REP. BY ADDL. CHIEF SECRETARY, VIDHANA SOUDHA, SAMPANGI RAMA NAGARA, BENGALURU 560 001, KARNATAKA.

STATE OF KARNATAKA HOME DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, REPRESENTED BY ITS PRINCIPAL SECRETARY, BENGALURU - 560 001, KARNATAKA.

MANAGING COMMITTEE BANGALORE TURF CLUB LIMITED, REPRESENTED BY MANAGING COMMITTEE,

2 - NC: 2025:KHC:9915 WP No. 5190 of 2025

POST BOX NO. 5038, 52, RACE COURSE ROAD, RACECOURSE, GANDHI NAGAR, BENGALURU - 560 001. KARNATAKA. REG UNDER COMPANIES ACT 1956.

CEO AND SECRETARY BANGALORE TURF CLUB LIMITED, REPRESENTED BY CEO AND SECRETARY, POST BOX NO. 5038, 52, RACECOURSE ROAD, RACECOURSE, GANDHI NAGAR, BENGALURU - 560 001, KARNATAKA.

MR.JAGADISH K.A., AGED ABOUT 80 YEARS, RESIDING AT 419, 9^TH CROSS, 1^ST BLOCK, JAYANAGAR, BENGALURU - 560 01, KARNATAKA.

…RESPONDENTS

(BY SRI.NAVEEN CHANDRASHEKAR, AGA FOR R1 AND R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT TO THE RESPONDENTS AS MAY BE DEEMED APPROPRIATE UNDER THE PRESENT FACTS AND CIRCUMSTANCES, SETTING ASIDE, THE SUSPENSION CUM SHOW CAUSE NOTICE DTD. 21.10.2024 BEARING NO. ADMIN/1333 (ANNX-M) PASSED BY THE R-3 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R. NATARAJ

3 -

NC: 2025:KHC:9915 WP No. 5190 of 2025

ORAL ORDER

A memo is filed by the learned counsel for the petitioner seeking permission of this Court to withdraw this writ petition and he has also sought for liberty to initiate appropriate proceedings before appropriate Court.

In view of the memo, this petition is dismissed as withdrawn .

The petitioner is at liberty to file appropriate proceedings before the appropriate Court for appropriate relief.

Sd/(R. NATARAJ) JUDGE

BKN/List No.: 1 Sl No.: 30

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the suspension-cum-show-cause notice dated 21.10.2024 bearing No. ADMIN/1333 (Annexure-M) passed by respondent No.3 was liable to be set aside by a writ of certiorari (issue raised in the prayer; not adjudicated, as the petition was withdrawn).medium confidence¶19

Statutes considered

3 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶19 Article 227¶19
Companies Act 1956REG UNDER COMPANIES ACT 1956¶14

Procedural history

How this case reached the court

AI extract

Order under challenge
Suspension-cum-show-cause notice dated 21.10.2024 bearing No. ADMIN/1333 (Annexure-M) passed by respondent No.3, sought to be set aside by writ of certiorari¶19
Managing Committee, Bangalore Turf Club Limited (respondent No.3) · 21.10.2024

Parties & counsel

AI extract

petitioner
SRI. B.N.SHIVAPRAKASHA¶6
Sri. Shishira Amarnath
respondent
STATE OF KARNATAKA FINANCE DEPARTMENT, REP. BY ADDL. CHIEF SECRETARY¶10
Sri. Naveen Chandrashekar
respondent
STATE OF KARNATAKA HOME DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY¶11
Sri. Naveen Chandrashekar
respondent
MANAGING COMMITTEE BANGALORE TURF CLUB LIMITED¶12
respondent
CEO AND SECRETARY BANGALORE TURF CLUB LIMITED¶15
respondent
MR. JAGADISH K.A.¶16

Coram

AI extract

R. Natarajauthor¶21

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 6 Mar 2025 · March
Registered: 20 Feb 2025
Case no.: WP/5190/2025
CNR: KAHC010108272025
Topic: Company and Corporate
Bench: R. Natara
Disposal: DISMISSED
Case type: WRIT PETITION

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Cite this judgement

Sri.B.N.Shivaprakasha v. State of Karnataka, WP/5190/2025 (KA), decided on 6 March 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226 · Article 227
Companies Act 1956REG UNDER COMPANIES ACT 1956

View all statutes

Procedural history1

Suspension-cum-show-cause notice dated 21.10.2024 bearing No. ADMIN/1333 (Annexure-M) passed by respondent No.3, sought to be set aside by writ of certiorariManaging Committee, Bangalore Turf Club Limited (respondent No.3) · 21.10.2024

View full history

Bench / Coram

R. Nataraj

Parties & counsel