Karnataka High Court
WP/22750/2023 of MR GANGADHAR T B Vs THE STATE OF KARNATAKA on 28 September 2026
2024:KHC:5659-DB WP No. 22750 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2024 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 22750 OF 2023 (S-KSAT) BETWEEN: MR GANGADHAR T B S/O BOLANAIK AGE 48
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 22750 OF 2023 (S-KSAT)
BETWEEN:
MR GANGADHAR T B
S/O BOLANAIK
AGE 48 YEARS
PHYSICAL EDUCATION TEACHER GRADE-1
GOVERNMENT HIGH SCHOOL
KONDLUR, THIRTHALLI TALUK
SHIVAMOGGA DISTRICT-577432.
…PETITIONER
(BY SRI. VICTOR MANOHARAN S - ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF EDUCATION
(PRIMARY AND SECONDARY EDUCATION)
M.S. BUILDING
BENGALURU -5600001.
2.
THE COMMISSIONER OF PUBILC
INSTRUCTION IN KARNATAKA
NEW PUBLIC OFFICES
NRUPATUNGA ROAD
BENGALURU-560001.
3.
THE JOINT DIRECTOR
BENGAULRU DIVISION
PUBLIC INSTRUCTION DEPARTMENT
O/O THE COMMISSIONER
Digitally
signed by
SUMATHY
KANNAN
Location:
High Court of
Karnataka
NEW PUBLIC OFFICES
NRUPATUNGA RAOD
BENGALURU-560001.
4.
THE DEPUTY DIRECTOR
PUBLIC INSTRUCTION DEPARTMENT
SHIVAMOGGA DISTRICT
SHIVAMOGGA-577432.
…RESPONDENTS
(BY SRI.SHIVA REDDY V - AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH
THE
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ORDER
DATED 14.06.2023 PASSED IN APPLICATION No-5149/2022 BY THE HON’BLE KSAT BENGALURU PRODUCED AT ANNEXURE-A; IN CONSEQUENCE GRANT THE RELIEF AS PRAYED IN APPLICATION No-5149/2022 BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGLAURU BY ALLOWING THIS WRIT PETITION.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri Victor Manoharan S for the petitioner is on record, but there is no representation either through video conferencing or present before the Court physically.
2. Learned AGA is directed to take notice for respondent Nos.1 and 4
3. Office note reveals non-compliance of office objections for fifth time. Inspite of grant of sufficient time to cure the defects, neither the petitioner nor the counsel for the petitioner are either diligent or vigilant to cure the defects under curial law. In this regard, it is relevant to refer Section 151 of CPC which indicates no limit for exercising inherent powers either effecting or affecting to make such orders as may be necessary, it is the first limb of the said provision. The second limb of the said provision indicates preventing abuse of process of the Court and the third limb indicates securing ends of justice, which is applicable to both the parties to the lis. But the counsel has not come forward to cure the defects under curial law even for the fifth time. Therefore, this writ petition is dismissed for non-prosecution.
Sd/- JUDGE
Sd/- JUDGE DKB