IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.8052 OF 2017(KLR-RES) BETWEEN:
SHRI K.RAJANNA S/O LATE KALAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.5, MANJUNATHANILAYA, NAGARBHAVI, BENGALURU – 560 072.
... PETITIONER (BY SRI C.M.NAGABHUSHANA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G.ROAD, BENGALURU – 560 009.
3. SHRI MARASANDRA MUNIYAPPA FATHER’S NAME NOT KNOWN TO THE PETITIONER, MAJOR, EXACT AGE NOT KNOWN TO THE PETITIONER, CLAIMING TO BE THE STATE CO-ORDINATOR, KARNATAKA IN CHARGE, NATIONAL EXECUTIVE COMMITTEE MEMBER, OF BAHUJANSAMAJ PARTY, HAVING HIS OFFICE AT BAHUJANBHAVAN, NO.23, NETHAJI ROAD, NEAR CANTONMENT RAILWAY STATION, SHIVAJINAGAR, BENGALURU – 560 001.
... RESPONDENTS (BY SMT.PRAMODHINI KISHAN, HCGP FOR R1 & R2) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PROHIBIT THE R2 FROM PROCEEDINGS FURTHER, PURSUANT TO INITIATION OF PROCEEDINGS ON THE FILE OF THE R2 VIDE ANNEXURE-R & QUASH THE PROCEEDINGS INITIATED BY THE R1 IN FURTHERANCE TO THE REPRESENTATION MADE BY THE R2 VIDE ANNEXURE-R BY ISSUANCE OF APPROPRIATE WRIT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned counsel for the petitioner is aggrieved by the issuance of Annexure-R wherein the respondents seeks to reopen the conversion granted to him.
2. The learned Government Pleader who accepts notice on behalf of respondents 1 and 2 submits that Annexure-R is not a notice. It is an internal communication. That only after considering the material, the respondents may choose to issue a notice or not.
3. In view of the submissions made, nothing survives for consideration. The petition is premature. The petition cannot be entertained based on an internal communication. Therefore, the petition is dismissed as being premature with liberty to approach this Court as and when such notice, if at all is issued.
Rsk/-
SD/- JUDGE