Sri Panchakshari vs The State Of Karnataka
2022 Latest Caselaw 8302 Kant

                             -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 07TH DAY OF JUNE, 2022

                         PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                            AND

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

         WRIT APPEAL NO.478 OF 2022 (LB-RES)
BETWEEN:

SRI PANCHAKSHARI
S/O SIDDAGANGAPPA
AGED ABOUT 51 YEARS,
PRESIDENT, SOMPURA GRAMA PANCHAYATH
NELAMANGALA TALUK
BENGALURU RURAL DIST - 562 125.
                                            ... APPELLANT
(BY SRI JAYAKUMAR S. PATIL. SENIOR ADVOCATE FOR
    SRI SOMASHEKHARAIAH R.P., ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY,
       DEPARTMENT OF PANCHAYATHRAJ
       M.S. BUILDING, BENGALURU - 560 001.

2.     ASST. COMMISSIONER
       DODDABALLAPURA SUB DVN.,
       DODDABALLAPURA
       BENGALURU DIST - 561 203.
                                             ... RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, AGA)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 01.06.2022 MADE IN W.P. NO. 10740/2022
PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THE WRIT
PETITION AND ETC.

     THIS APPEAL COMING ON FOR ORDERS             THIS   DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
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                         JUDGMENT

This writ appeal arises out of the judgment and order

dated 01.06.2022 passed in W.P.No.10740/2022 (LB-RES).

2. Learned Additional Government Advocate

appearing for the respondents, on the basis of instructions,

submits that No Confidence Motion has been held yesterday

i.e., 06.06.2022 and the resolution has been passed against

the petitioner/appellant.

3. Learned Senior Advocate appearing for the

appellant, at this stage, submits that the observations

made by the writ Court while deciding the writ petition may

be read against the petitioner/appellant in the subsequent

proceedings and would affect the petitioner/appellant.

4. It is hereby provided that in case the

petitioner/appellant prefers to challenge the resolution

passed against him yesterday i.e., 06.06.2022 in the No

Confidence Motion, the observations made by the writ Court

or this Court may not come in his way and the Competent

Forum may proceed to decide the same without being

influenced in any manner in this regard.

5. The writ appeal is dismissed as having become

infructuous.

6. The pending interlocutory application stands

disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

VM