Karnataka High Court
Sri Nawaz Ahmed vs Sri Karna Kumar L P on 20 July, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:25277-DB
WA No. 808 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 808 OF 2023 (S-TR)
BETWEEN:
SRI. NAWAZ AHMED
S/O NOORULLA R.G.,
AGED ABOUT 39 YEARS,
JUNIOR ENGINEER (ELE),
VIDYANAGAR O&M,
VIDYANAGAR SUB-DIVISION,
BESCOM, HOSKOTE DIVISION,
BENGALURU RURAL DISTRICT,
Digitally
BANGALORE - 562 157
signed by
SUMA B N ...APPELLANT
Location: (BY SRI. MOHAMMED MUJASSIM, ADVOCATE)
High Court
of AND:
Karnataka
1. SRI. KARNA KUMAR L.P.
S/O. PALLUPPAIAH,
AGED ABOUT 56 YEARS,
RESIDING AT NO.16/1,
TEACHERS LAYOUT,
1ST MAIN ROAD, VIDYARANYAPURA,
BANGALORE-560 087.
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WA No. 808 of 2023
2. STATE OF KARNATAKA,
DEPARTMENT OF ENERGY,
VIKAS SOUDHA,
BANGALORE-560 001,
REPRESENTED BY ITS
UNDER SECRETARY.
3. THE MANAGING DIRECTOR
ADMINISTRATION,
BESCOM, K.R.CIRCLE,
BANGALORE - 560 001.
4. ASSISTANT EXECUTIVE ENGINEER
(ELECTRICAL),
COMMERCIAL WORK AND
ADMINISTRATION,
BANGALORE RURAL CIRCLE,
BESCOM, T.T.M.C.,
1ST FLOOR, KENGERI,
BANGALORE-560 060
5. ASSISTANT EXECUTIVE ENGINEER (ELEC.)
VIDYANAGARA SUB DIVISION,
BESCOM, VIDYARANAGAR,
BANGALORE - 560 097
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR R-2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO (A) SET ASIDE THE
IMPUGNED INTERIM ORDER DATED 04/07/2023 PASSED BY
THE LEARNED SINGLE JUDGE IN WP NO.13721/2023 AND (B)
AWARD COSTS AND TO GRANT SUCH OTHER RELIEF(s) OR
PASS SUCH OTHER ORDER(s).
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE., DELIVERED THE FOLLOWING:
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WA No. 808 of 2023
JUDGMENT
Heard learned counsel for the appellant.
2. The appellant is before this Court challenging
the interim order dated 04.07.2023 in W.P.No.13721/2023
passed by the learned Single Judge.
3. Perusal of the order show that notices were
issued and respondent No.5 was permitted to appear
through caveat.
4. It is the submission of the learned counsel for
the appellant that though the statement of objections was
filed regarding non-disclosure of material facts, learned
Single Judge failed to consider these submissions. The
further submissions of the learned counsel are in the
nature of assessment of the merits of the petition.
5. The learned Single Judge passed an interim
order and matter was directed to be listed after two
weeks. It seems that matter could not be listed before the
court subsequently. The submission of the learned counsel
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WA No. 808 of 2023
on merits is concerned the assessment of merits of the
petition is yet to be undertaken by the learned Single
Judge. As such, if such an exercise is undertaken by this
Court, nothing would remain for the decision in the writ
petition filed before the learned Single Judge.
6. In view of these facts, we are of the opinion
that appellant could certainly approach the learned Single
Judge for early hearing of the petition or for vacation of
interim order by taking appropriate steps. The assessment
of merits of the petition is not accepted in the present
appeal. As such, the appeal being devoid of merits
deserves to be dismissed.
Accordingly, the appeal is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RU
