Sri T Nagaraju vs Assistant Commissioner
2021 Latest Caselaw 57 Kant

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     IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 04TH DAY OF JANUARY, 2021

                        PRESENT

        THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA

                          AND

           THE HON'BLE MRS. JUSTICE M.G. UMA

         WRIT APPEAL No.3685/2019 (LB-ELE)

BETWEEN:

SRI T. NAGARAJU
AGED ABOUT 36 YEARS,
S/O. LATE TIMMAYYA,
PRESIDENT OF MARKONHALLI GRAMA PANCHAYAT,
R/AT MARKONHALLI,
MARKONAHALLI POST,
AMRUTHUR HOBLI, KUNIGAL TALUK,
TUMKURU DISTRICT - 572 111.            ... APPELLANT

(BY SRI P.P. HEGDE, ADVOCATE (THROUGH V/C))

AND:

1.   ASSISTANT COMMISSIONER
     TUMKURU SUB-DIVISION
     TUMKURU DISTRICT - 572 101.

2.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS PRINCIPAL SECRETARY
     DEPARTMENT OF RURAL DEVELOPMENT
     AND PANCHAYAT RAJ
     M.S. BUILDING, AMBEDKAR VIDHI,
     BENGALURU - 560 001.

3.   MARKONHALLII GRAMA PANCHAYAT
     REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER,
     KUNIGAL TALUK,
     TUMKURU DISTRICT - 572 111.

4.   SRI GIRISH .H.T
     FATHER NAME KNOWN TO APPELLANT
     AGED MAJOR,
     MEMBER OF MARKONHALLI GRAMA PANCHAYATH
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      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.

5.    SMT. KAMALA
      FATHER NAME KNOWN TO APPELLANT
      AGED MAJOR
      MEMBER OF MARKONHALLI GRAMA PANCHAYATH
      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.

6.    SRI JAGADISH
      FATHER NAME KNOWN TO APPELLANT
      AGED MAJOR
      MEMBER OF MARKONHALLI GRAMA PANCHAYATH
      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.

7.    VENKATA LAKSHMAMMA
      FATHER NAME KNOWN TO APPELLANT
      AGED MAJOR
      MEMBER OF MARKONHALLI GRAMA PANCHAYATH
      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.

8.    THIMMEGOWDA
      FATHER NAME KNOWN TO APPELLANT
      AGED MAJOR
      MEMBER OF MARKONHALLI GRAMA PANCHAYATH
      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.

9.    SMT. LAKSHMI
      FATHER NAME KNOWN TO APPELLANT
      AGED MAJOR
      MEMBER OF MARKONHALLI GRAMA PANCHAYATH
      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.

10.   SMT. LAKSHMAMMA
      FATHER NAME KNOWN TO APPELLANT
      AGED MAJOR
      MEMBER OF MARKONHALLI GRAMA PANCHAYATH
      KUNIGAL TALUK,
      TUMAKURU DISTRICT - 572 111.    ... RESPONDENTS

(BY SRI RAJAGOPAL M.R., ADVOCATE FOR C/R-8;
SRI C.N.MOHADESHWARAN, ADDL. GOVERNMENT ADVOCATE
FOR R-1 AND R-2; R-3 - NOTICE DISPENSED WITH VIDE
ORDER DATED 27/09/2019)
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     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 11/09/2019 PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.4355/2019 AND CONSEQUENTLY ALLOW THE
W.P.NO.4355/2019 AND GRANT THE RELIEFS TO THE
APPELLANT AS PRAYED THEREIN.

      THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

                       JUDGMENT

Learned counsel for the appellant, Sri P.P.Hegde

submitted that the appeal has been rendered infructuous

in view of the fact that the term of the appellant as a

Member of Markonahalli Grama Panchayat has come to an

end and fresh election has also been held. Therefore,

appropriate order may be made in the appeal.

2. Submission of learned counsel is placed on

record.

3. Since the term of the appellant as a Member of

Markonahalli Grama Panchayat has expired, the questions

raised in this appeal would not survive for further

consideration. Hence, the appeal has been rendered

infructuous and accordingly, it is dismissed as

infructuous.

In view of dismissal of the appeal, I.A.No.1/2019

also stands dismissed.

Sd/-

JUDGE

Sd/-

JUDGE S*