Sri S Y Mukthiar Ahmed vs The Commissioner
2023 Latest Caselaw 351 Kant

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                                                            WA No.419 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 5TH DAY OF JANUARY 2023
                                           PRESENT
                            THE HON'BLE MR. JUSTICE ALOK ARADHE
                                              AND
                        THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
                             WRIT APPEAL NO.419 OF 2022 (GM-RES)
                   BETWEEN:

                   1.   SRI. S.Y. MUKTHIAR AHMED
                        S/O LATE S.M. YUSUF
                        AGED 70 YEARS.

                   2.   SRI. S.M. JABIR
                        S/O S.Y. MUKTHAIR AHMED
Digitally signed
by RUPA V               AGED 33 YEARS.
Location: High
Court of                BOTH ARE R/AT HIG HOUE NO.21
Karnataka
                        III CROSS, HOUSING BOARD COLONY
                        JYOTHI NAGARAPOST
                        CHIKKAMAGALUR CITY-577 101.

                                                               ...APPELLANTS
                   (BY SRI. H.H. ESHWARA, ADV., (ABSENT))
                   AND:

                   1.   THE COMMISSIONER
                        KARNATAKA HOUSING BOARD
                        CAUVERY BHAVAN, K.G. ROAD
                        BENGALURU-560 009.

                   2.   THE EXECUTIVE ENGINEER
                        KARNATAKA HOUSING BOARD
                        HASSAN DIVISION
                        HASSAN CITY AND DISTRICT-573 201.
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                                           WA No.419 of 2022




3.   THE ASSISTANT EXECUTIVE ENGINEER
     DISTRICT PROGRAMME UNIT
     KARNATAKA HOUSING BOARD
     JYOTHI NAGAR POST
     CHIKKAMAGALURU CITY-577101.

                                            ...RESPONDENTS
(BY SRI. H.L. PRADEEP KUMAR, ADV., C/R3)


     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
23/02/2022   MADE    IN   WP   NO.52186/2019.     PASS
CONSEQUENTIAL ORDER ALLOWING THE WRIT PETITION BY
QUASHING THE IMPUGNED CANCELLATION NOTICE BEARING
NO.KAGRAMAN/JIYOKA/CHIMA/641/2019-20            DATED
16/11/2019 (PRODUCED AS ANNEXURE-G TO THE WRIT
PETITION) BY ACCEPTING THE BALANCE DUE ALONG WITH
INTEREST.      ISSUE    ANY   OTHER    INCIDENTAL   OR
CONSEQUENTIAL RELIEF/s.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                        JUDGMENT

This writ petition was dismissed for non-

compliance of office objections. Thereafter, by an order

dated 12.08.2022, the order dismissing the writ appeal

was recalled and two weeks' time was granted to comply

with the office objections. However, office objections

have not been complied with even after restoration and

WA No.419 of 2022

the matter is listed today for the second time with

regard to non-compliance of office objections.

2. None has appeared on behalf of the appellant

even when the matter is called in the second round. It

appears that the appellant is not interested in

prosecuting the appeal.

Accordingly, the appeal is dismissed for want of

prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

RV