Karnataka High Court
Smt. D N Yashodamma vs The State Of Karnataka on 6 January, 2023
Bench: K.Somashekar, Umesh M Adiga
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WP No. 105831 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT PETITION NO. 105831 OF 2022 (S-KAT)
BETWEEN:
SMT. D N YASHODAMMA
AGED 54 YEARS, W/O SRI SRIDHAR V R SURVEYOR
O/O ASSISTANT DIRECTOR OF LAND RECORDS HANAGAL
HAVERI DISTRICT 581 104
PRESENTLY SERVINGH AT THE O/O ASSISTANT
DIRECTOR OF LAND RECORDS RAMANAGAR
...PETITIONER
(BY SRI.YOGESHAGOUDA HIREGOUDAR, FOR SMT.SUNITHA P
KALASOOR.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTLY BY ITS SECRETARY
DEPARTMENT OF REVENUE,
M S BUILDING VIDHANA VEEDHI BENGALURU 560 001
2. THE COMMISSIONER FOR SURVEY
Digitally signed
by
MOHANKUMAR
MOHANKUMAR B SHELAR
B SHELAR
Date:
2023.01.13
10:58:58 +0530
SETTLEMENT AND LAND RECORDS
...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, G.A. FOR RESPONDENTS)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO, (I) CALL FOR THE RECORDS
RELATING TO, CONCERNING AND CONNECTED WITH APPLICATION
NO.11072/2022 FROM THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL, BELAGAVI, PERUSE THE SAME AND
QUASH THE SAID ORDER DATED 5.11.2022 VIDE ANNEXURE-A AS
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WP No. 105831 of 2022
ILLEGAL AND UNSUSTAINABLE IN LAW. (II) ISSUE A
CONSEQUENTIAL ORDER, WRIT OR DIRECTION, THAT THE
APPLICATION NO.11072/2022 WOULD STAND ALLOWED AS PRAYED
FOR THEREIN.
THIS WP COMING ON FOR ORDERS THIS DAY,
K.SOMASHEKAR J., MADE THE FOLLOWING:
ORDER
Learned counsel Sri.Yogeshgouda Hiregoudar for the
petitioner is present before the court physically. Learned
Government Advocate Sri.G.K.Hiregoudar for the respondents
is present before the court physically.
2. In this writ petition office note reveals non-
compliance of office objection at Sl.No.52 (1 & 3). But the
counsel in this matter seeks short accommodation to cure the
defects under the curial law to proceed further in the matter.
3. In the meanwhile, learned Government Advocate
representing the respondents submitted that enquiry has been
initiated and thereafter enquiring authority submitted its report
to the disciplinary authority to proceed further in accordance
with law. But Article 227 of the Constitution of India reveals as,
power of superintendence over all courts by the High Court. But
in the judgment reported in AIR 2011 SC 708 between TGN
WP No. 105831 of 2022
Kumar Vs. State of Kerala wherein an observation is made
on the judicial side that, superintendence power of the High
Court is both administrative and judicial. But, such power is to
be exercised sparingly and only in appropriate cases to keep
the subordinate courts within the bounds of their authority.
Powers of superintendence cannot be exercised to influence
subordinate judiciary to pass any order/judgment in a
particular manner. But Article 227 of the Constitution of India
has to be exercised sparingly, judiciously, pre-cautiously and
cautiously, keeping in view the doctrine vested with as under
Article 226 of the Constitution of India.
4. However, this writ petition has been filed under
Article 227 of the Constitution of India to proceed further
relating to the report submitted by the enquiring authority to
the disciplinary authority, which is under consideration.
Therefore, this writ petition is dismissed as having become
infructous.
5. In the meanwhile, after completion of the dictation
by referring Article 227 of the Constitution of India, the learned
counsel for the petitioner who is present before the court
WP No. 105831 of 2022
physically, seeks liberty to proceed further in the matter. But
the question of granting liberty does not arise in a given
peculiar facts and circumstances of the case. Accordingly, the
submission of the learned counsel for the petitioner is declined.
Sd/-
JUDGE
Sd/-
JUDGE
MBS
