Dr.Maharudra S/O. Shivappa ... vs The State Of Karnataka
2022 Latest Caselaw 12297 Kant

                          1


           IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 26TH DAY OF OCTOBER, 2021

                       PRESENT

   THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

                         AND

          THE HON'BLE MS.JUSTICE J.M. KHAZI

         WRIT APPEAL NO.100172/2021 (S-PRO)

BETWEEN:

Dr. MHAHARUDRA
S/O. SHIVAPPA SHEKHANAWAR,
AGED ABOUT 45 YEARS,
OCC: ASSOCIATE PROFESSOR IN BIOCHEMISTRY,
BIMS, BELAGAVI DISTRICT,
BELAGAVI.
                                   ..... APPELLANT
(BY SRI C.R. BHASKAR, ADVOCATE)


AND:

  1. THE STATE OF KARNATAKA
     REP BY PRINCIPAL SECRETARY TO
     DEPARTMENT OF MEDICAL EDUCATION,
     M.S. BUILDING, DR. AMBEDKAR VEEDHI,
     BANGALORE.

  2. THE UNDER SECRETARY
     DEPARTMENT OF MEDICAL EDUCATION,
     M.S. BUILDING, DR. AMBEDKAR VEEDHI,
     BANGALORE.

  3. THE DIRECTOR
                           2


    BELAGAVI INSTITUTE OF MEDICAL SCIENCES
    (BIMS)
    DR. AMBEDKAR ROAD, BELAGAVI DISTRICT,
    BELAGAVI.

                                 ..... RESPONDENTS
(BY SRI G.K. HIREGOUDAR, GOVT. ADV.)

     THIS APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS
HON'BLE COURT TO ALLOW THE WRIT APPEAL, SET
ASSIDE THE COMMON ORDER DATED 08.02.2021 IN
W.P.NO.100335/2021 PASSED BY THE LEARNED SINGLE
JUDGE AND ALLOW THE WRIT PETITION NO.100335/2021
IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON         FOR PRELIMINARY
HEARING, THIS DAY, S SUNIL         DUTT YADAV J.,
DELIVERED THE FOLLOWING:

                     JUDGMENT

No representation when the matter is called out.

Order dated 28.09.2021 reads as follows:

"Matter called twice. None appears for

the appellant.

Prima facie Writ Appeal is not maintainable in

view of the fact that grievance stated in the

Writ Petition is already resolved by passing an

order.

Relist this matter next week."

In light of the appellant not exercising proper

diligence in prosecuting the proceedings, the appeal is

dismissed for non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

Naa