IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2017 BEFORE THE HON’BLE MR.JUSTICE A.S.BOPANNA WRIT PETITION NOS.63463-63465/2016 (GM - KSR) BETWEEN:
1. NUTANA EDUCATIONAL ASSOCIATION® LIC COLONY, NUTANA COLLEGE ROAD DAVANAGERE – 577 001. REPRESENTED BY ITS SECRETARY SRI S.S.MATHAPATHI S/O LATE SIDDARAMAYYA.
2. SRI.S.S.MATHAPATHI S/O LATE SIDDARAMAYYA AGED ABOUT 73 YEARS SECRETARY, NUTANA EDUCATIONAL ASSOCIATION ® R/O NO.2035/129 “INCHARA”, 12TH CROSS ANJENAYA LAYOUT DAVANAGERE – 577 004.
3. SRI. N. PARASHURAMEGOUDA S/O LATE MUDDEGOWDAPPA AGED ABOUT 68 YEARS PRESIDENT, NUTANA EDUCATIONAL ASSOCIATION® R/O NO.4213 “ JALADARSHINI”
7TH CROSS, SIDDAVEERAPPA LAYOUT DAVANAGERE – 577 004.
…PETITIONERS (BY SRI. JAGADEESH GOUD PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU – 560 001.
2. THE DISTRICT REGISTRAR DAVANAGERE DISTRICT DISTRICT ADMINISTRATIVE BUILDING ROOM NO.33 KARURU INDUSTRIAL AREA DAVANAGERE – 577 004.
3. SRI.VEERABHADRAPPA S/O MUDEGOWDAPPA AGED ABOUT 79 YEARS R/O NO.851/6 “BAKKESHWARA”
9TH CROSS, TARALABALU EXTENSION DAVANAGERE – 577 003.
4. SRI. M. V. RAVI S/O M.VEERABHADRAPPA AGED ABOUT 46 YEARS R/O NO.851/6 “BAKKESHWARA”
9TH CROSS, TARALABALU EXTENSION DAVANAGERE – 577 003.
5. SRI.L.V.SUBRAMANYA S/O LAXMANA AGED AOBUT 51 YEARS R/O NO.2561, “ SRI CHAITANYA” 5TH MAIN ROAD, M.C.C. ‘A’ BLOCK DAVANAGERE – 577 001.
6. SRI.L.D.LAXMINARAYANA S/O DASAPPA AGED ABOUT 55 YEARS R/O NO.3992/52 “ SRI NIDHI”
10TH CROSS ROAD ANJANEYA EXTENSION DAVANAGERE – 577 002.
7. SMT. P.UMA HEMAREDDY W/O HEMAREDDY AGED ABOUT 41 YEARS R/O NO.1657/16 10TH CROSS ROAD ANJANEYA EXTENSION DAVANAGERE – 577 002.
8. SMT.SUDHA, W/O J.B.RAJ AGED ABOUT 46 YEARS R/O NO.1962/1 “VINAYAKA SADANA” 5TH CROSS ROAD VINAYAKA EXTENSION DAVANAGERE – 577 002.
9. SRI.K.C.SIDDAPPA S/O CHANNAPPA AGED ABOUT 51 YEARS R/O NO.1651/10A “MARALASIDDESHWARA NILAYA” 14TH CROSS ROAD ANJANEYA EXTENSION DAVANAGERE – 577 002.
... RESPONDENTS (BY SRI.LAKSHMINARAYANA, AGA FOR R-1 & R-2 NOTICE TO R-3 TO R-9 IS DISPENSED WITH VIDE ORDER DATED 29.05.2017) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MEETING NOTICE DATED 02.12.2016 AT ANNEXURE-H AND CONSEQUENTLY ALL OTHER ACTIONS TAKEN BY R-3 TO 9 ARE DECLARED AS ILLEGAL AND ARBITRARY AND WITHOUT AUTHORITY OF LAW AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The learned Government Advocate to accept notice for respondent Nos.1 and 2 and file memo of appearance in four weeks. Considering the nature of the disposal of this petition, notice to respondent Nos.3 and 4 is not necessary.
2. The petitioner is assailing the meeting notice dated 02.12.2014 at Annexure-H to the petition. The instant petition is filed on 13.12.2016. Though it had been listed on 16.12.2016, no interim order was granted, but liberty was reserved to move the vacation Bench. The order sheet would disclose that the matter had not been moved thereafter till 31.03.2017 and when it was listed on, that day it was adjourned. By such time, the date as indicated in the notice impugned at Annexure-H has lapsed and as such, the prayer in that regard would not survive.
3. In so far as the remaining prayers made in this petition, the same do not survive for consideration at this juncture. The dispute between the parties has been considered by this Court in another writ petition. However, if any further grievance survives to the petitioner, liberty in that regard is reserved to approach this Court at appropriate time.
These petitions are disposed of accordingly.
Sd/- JUDGE DL