IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36904 OF 2018 (GM-CC) BETWEEN:
B S SWETHA DEVARAJ W/O DEVARAJ AGED 30 YEARS R/O DESHANI VILLAGE TALUK ARSIKERE, HOBLI JAVAGAL DIST HASSAN, HASSAN-571112.
(By Smt. KAVYASHREE G.S. ADV., FOR Mr. VANISHREE RADHAKRISHNA, ADVS.,) AND:
THE ASSISTANT COMMISSIONER HASSAN SUB-DIVISION OPP. TO GOVERNMENT MEDICAL COLLEGE SRI CHAMARAJENDRA GOVERNMENT HOSPITAL HASSAN-573201.
… PETITIONER (By Mr. C. JAGADEESH, SPL. COUNSEL) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 16.8.2018 ISSUED BY RESPONDENT VIDE ANNEX-
F. GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS IN PURSUANCE OF THE NOTICE DATED 16.8.2018 ISSUED BY THE RESPONDENT VIDE ANNEX-F & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Kavyashree.G.S, for smt. Vanishree Radhkrishna, learned counsel for the petitioner.
Mr.C.Jagadish, learned Special counsel for respondent Nos.1 and 2.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following reliefs :
(i) ISSUE a writ, order or direction, in the nature of certiorari, quashing the Notice dated 16.08.2018 vide No.M.A.G. (Ja Dru) 05/2018-19 issued by the respondent produced at Annexure F;
(ii) PASS such other order/orders as this Hon’ble Court deems fit, in the facts and circumstances of the case, including an order as to costs, in the interests of justice and equity.
4. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in this writ petition is squarely covered by an order dated 23.01.2019 passed in W.P.No.13173/2008 as well as the order dated 24.01.2019 passed in W.P.No.855/2019.
5. In view of the aforesaid submissions and for the reasons assigned in the aforesaid orders, the impugned notice dated 16.08.2018 is hereby quashed. Needless to state, that the respondent shall be at liberty to take action against the petitioner if so advised in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS