IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NO.50167 OF 2017(GM-RES-PIL) ALONG WITH WRIT PETITION NO.49118 OF 2017(GM-RES-PIL) WRIT PETITION NO.50167 OF 2017(GM-RES-PIL) BETWEEN:
1. SHRI. G R MOHAN SON OF LATE G.B.RAMACHAR, AGED 62 YEARS, RESIDING AT NO.328, 1 N BLOCK, 19TH MAIN, RAJAJINAGAR, BENGALURU-560010 2. SHRI. JAYANTH KRISHNA B S SON OF SHRI. BHAKTAVASTALA, AGED ABOUT 26 YEARS, RESIDING AT NO.146/A, 5TH MAIN, 4TH BLOCK, RAJAJINAGAR, BENGALURU-560010 ... PETITIONERS (By SRI: S.P. SHANKAR, SENIOR COUNSEL, FOR Smt : MAMATA G KULKARNI, ADVOCATE) AND:
UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF LAW AND JUSTICE, CENTRAL SECRETARIAT, NEW DELHI-110001. ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO UNION OF INDIA TO EXPEDITE AND COMPLETE THE PROCESS OF APPOINTMENT OF JUDGES, AGAINST THE EXISTING VACANCIES AND THE VACANCIES LIKELY TO ARISE IN THE NEAR FUTURE IN THE HIGH COURT OF KARNATAKA, BENGALURU, DHARWAD AND KALABURAGI.
***** WRIT PETITION NO.49118 OF 2017(GM-RES-PIL) BETWEEN:
1. JUSTICE A N VENUGOPALA GOWDA (RETD) S/O MR.A NARAYANA GOWDA, AGED ABOUT 62 YEARS, RESIDING AT NO.426/27-1, 18TH MAIN, 33RD CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041.
2. MR.S BASAVARAJ S/O MR.M.SIDDARAMAIAH, AGED ABOUT 53 YEARS, OFFICE AT NO.11, JEEVAN BUILDINGS, KUMARA PARK EAST, BENGALURU-560001 3. MR.B.M.ARUN S/O MR.B.M.RAJU, AGED ABOUT 49 YEARS, F-5, I FLOOR, KCD COMPLEX, CSI COMPOUND, 3RD CROSS, MISSION ROAD, BENGALURU-560027 ... PETITIONERS (By SRI: ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI: ROHIT RAJKUMAR KUKREJA, ADVOCATE) AND:
1. UNION OF INDIA MINISTRY OF LAW AND JUSTICE, 4TH FLOOR, A-WING, SHASTRI BHAWAN, CENTRAL SECRETARIAT, NEW DELHI-110001 REPRESENTED BY SECRETARY 2. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560001 3. SUPREME COURT OF INDIA TILAK MARG, MANDI HOUSE, NEW DELHI-110001 REPRESENTED BY ITS SECRETARY GENERAL 4. HIGH COURT OF KARNATAKA DR.AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS REGISTRAR GENERAL. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXPEDITE THE PROCESS OF FILLING THE 37 VACANCIES OF JUDGES IN THE HON'BLE HIGH COURT OF KARNATAKA, WITHIN A TIME FRAME AS MAY BE FIXED BY THIS HON'BLE COURT AND TO ISSUE SUCH OTHER WRIT, DIRECTION OR ORDER INCLUDING MAKING PROVISION FOR LIKELY VACANCIES TO OCCUR IN THE IMMEDIATE FUTURE.
***** THESE WRIT PETITION’S COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER The relief sought for in both these writ petitions are similar in nature. Hence they are taken up for consideration together.
2. Writ Petition (Civil) No.1087 of 2017 seeking identical reliefs has been filed before the Hon’ble Supreme Court of India. By the order dated 13.11.2017, the matter was adjourned by twelve weeks. In view of the subject matter in these writ petitions being similar to the one pending adjudication before the Hon’ble Supreme Court of India, we deem it inappropriate to entertain these writ petitions.
3. Consequently, both the writ petitions are rejected.
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JUDGE JUDGE Bss