IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 30934 OF 2016 (GM-RES) BETWEEN:
S JAYASHEELA W/O SRI N MANJUNATHA AGED ABOUT 42 YEARS R/AT NO.3, LAKSHMI NIVAS 2ND CROSS, GOVINDAPPA LAYOUT JARAGANAHALLI KANAKAPURA MAIN ROAD BANGALORE- 560 078 … PETITIONER (BY SRI ASHMITA NAGARAJ, ADV.- ABSENT) AND:
1. SRI MOHAN KUMAR S/O M DEVDAS MAJOR IN AGE COUNCILLOR WARD NO. 104 BBMP, R/AT NO.5/4 1ST ‘A’ MAIN ROAD GOVINDARAJANAGAR BANGALORE- 560 040 2. SRI T N JAVARAYI GOWDA S/O LATE NIJAGUNNAIAH MAJOR IN AGE R/AT NO. 121, 1ST MAIN ROAD 1ST BLOCK, 2ND STAGE NAGARBHAVI BANGAALORE-560 079 3. SRI N S KRISHNAPPA S/O SUBBEGOWDAA MAJOR IN AGE R/AT SHIVAGIRI NO.2291, 4TH MAIN ROAD RPC LAYOUT BANGALORE- 560 040 … RESPONDENTS (BY SRI.C N KESHAVA MURTHY, ADV. FOR R-3- ABSENT V/O DTD: 16.06.2016 NOTICE SERVED THROUGH HAND SUMMONS IN R/O R1 & R2.) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO THE FIRST ADDITIONAL METROPOLITAN MAGISTRATE, BANGALORE TO DISPOSE OFF C.C.9950/2012, ON A PRIORITY BASIS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the parties.
In this petition, the petitioner interalia has prayed for the following relief:
To issue a writ, order or direction in the nature of Mandamus to the First Additional Metropolitan Magistrate, Bengaluru to dispose off C.C.9950/2012, on a priority basis and further be pleased to issue any other writ, direction or order as this Hon’ble Court deems fit to do so, in the facts and circumstances of the case in the ends of justice and equity.
2. Writ petition is pending before this Court since 2016. However, in the fact situation of the case, I deem it appropriate to dispose off the writ petition with a direction to the I Additional Metropolitan Magistrate, Bengaluru to dispose of C.C.No.9950/2012, if not already decided, within a period of three months from the date of receipt of a certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE Brn