Karnataka High Court
Shri Manikeshwari Mahila Shikshana vs The State Of Karnataka And Anr on 24 February, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No.200113 of 2023
C/W WA No.200114 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 200113 OF 2023 (GM-RES)
C/W
WRIT APPEAL NO.200114 OF 2023 (GM-RES)
IN WRIT APPEAL NO.200113/2023
BETWEEN:
SHRI MANIKESHWARI MAHILA SHIKSHANA
MATTU GRAMEENABHIVRUDDHI SAMSTHE (R),
BHEEMARAYANAGUDI,
TQ: SHAHAPUR,
Digitally signed by
BASALINGAPPA DIST: YADAGIR - 585 202,
SHIVARAJ REPRESENTED BY ITS SECRETARY
DHUTTARGAON
SHRI GANGADHAR
Location: HIGH
COURT OF S/O MAHADEVAPPA
KARNATAKA ...APPELLANT
(BY SRI. HULEPPA HEROOR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
IRRIGATION DEPARTMENT (SERVICES-B),
M.S. BUILDINGS, PALACE ROAD,
BENGALURU - 560 001.
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WA No.200113 of 2023
C/W WA No.200114 of 2023
2. THE MANAGING DIRECTOR
KBJNL, CANAL DIVISION NO.1,
BHEEMARAYANAGUDI - 585 287,
DISTRICT YADAGIRI.
...RESPONDENTS
(BY SRI MALLIKARJUN C. BASAREDDY, G.A. FOR R1;
SRI KRUPA SAGAR PATIL, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL BY CALLING THE RECORDS, PERUSE AND ISSUE, A
WRIT OF CERTIORARI BY QUASHING THE EXECUTION LETTER
DATED 13.03.2023 VIDE LETTER NO.
KRUBHAJANANI/PRAVYA/(AA)/URGAN/2022-23/5650 ISSUE BY
THE 2ND RESPONDENT BY ALLOWING THE WRIT PETITION BY
QUASHING THE ORDER PASSED ON 04.08.2023 IN W.P.
NO.201160/2023 (GM-RES) AND ETC.
IN WRIT APPEAL NO.200114/2023
BETWEEN:
SHRI MANIKESHWARI MAHILA SHIKSHANA
MATTU GRAMEENABHIVRUDDHI SAMSTHE (R),
BHEEMARAYANAGUDI,
TQ: SHAHAPUR,
DIST: YADAGIR - 585 202,
REPRESENTED BY ITS SECRETARY
SHRI GANGADHAR
S/O MAHADEVAPPA
...APPELLANT
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WA No.200113 of 2023
C/W WA No.200114 of 2023
(BY SRI. HULEPPA HEROOR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
IRRIGATION DEPARTMENT,
3RD FLOOR, VIKASA SOUDHA,
BENGALURU.
...RESPONDENT
(BY SRI MALLIKARJUN C. BASAREDDY, G.A. FOR R1;
SRI KRUPA SAGAR PATIL, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
KARNATAKA HIGH COURT ACT,1961, PRAYING TO ALLOW THE
APPEAL BY CALLING THE RECORDS, PERUSE AND ISSUE, A
WRIT OF CERTIORARI BY QUASHING THE EXECUTION ORDER
DATED 23.02.2023 IN NO.JASAME/310/SEEC/2022 ISSUED BY
THE RESPONDENT BY ALLOWING THE WRIT PETITION BY
QUASHING THE ORDER PASSED ON 04.08.2023 IN
W.P.NO.200969 OF 2023 (GM-RES) AND ETC.
THESE WRIT APPEALS COMING ON FOR HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
HON'BLE MR. JUSTICE RAJESH RAI K
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WA No.200113 of 2023
C/W WA No.200114 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
W.A.No.200113/2023 has been filed calling in
question the correctness of the order passed in W.P.No.
201160/2023 while W.A.No.200114/2023 is filed
challenging the order passed in W.P.No.200969/2023.
Both the writ petitions, the orders of which are impugned
in the present proceedings, were disposed off by a
common order dated 04.08.2023. The appellants in both
the appeals being the same entity and contentions being
identical, both the writ appeals are disposed off by this
common order.
2. W.P.No. 201160/2023 came to be filed calling in
question the validity of the order dated 23.02.2023. In
terms of the order of the respondent dated 23.02.2023,
the earlier order of 21.10.2022 granting conferring rights
to lift scrap on the petitioner came to be revoked. Such
order of revocation dated 23.02.2023 was assailed in the
writ petition. The writ petition eventually came to be
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rejected refusing to interfere with the impugned order
dated 23.02.2023. The validity of such order has been
challenged in the present proceedings.
3. It is the say of the petitioner that there was an
interim order in the writ proceedings as well as in the
present proceedings, however, it is submitted that despite
such interim order, petitioner was not able to take the
benefit of the order dated 21.10.2022.
4. Learned Government Advocate submits that the
period for which the petitioner was entitled to lift the scrap
was from 21.10.2022 and ended on 06.12.2024 and
accordingly, no further adjudication is called for in the
present proceedings.
5. However, learned counsel appearing for the
appellant submits that insofar the grievance of the
appellant that despite the operation of the interim order till
06.12.2024 from 21.10.2022, the appellant was not
permitted to lift the scrap and if a direction is given to the
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Authorities to look into the grievance of the appellant that
they were not able to lift the scrap between 21.10.2022
and 06.12.2024, their grievance in the present
proceedings would stand redressed.
6. Learned Government Advocate submits that such
decision must be taken at the end of the Secretary,
Irrigation Department and pursuant to which, KBJNL may
consider based on the order of the Government.
7. Taking note of the operation of the interim order
and the submission of the appellant, the present
proceedings are disposed off without entering into the
merits while leaving it open for the respondent - State to
consider the grievance of the petitioner as noticed in
paragraph No.5 above. Such order is passed while noticing
that the period for which the appellant was conferred with
rights to lift scrap has itself terminated on 06.12.2024.
8. It is however clarified that the Court has not
adjudicated on the merits. If representation is given to
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respondent No.1 relating to the grievance that despite
interim order operating he was not permitted to lift the
scrap by the appellant, the same may be disposed off
within a period of 3 months thereafter.
9. Accordingly, the appeals are disposed off. In view
of the disposal of appeals, all pending applications are also
disposed off as not calling for any order.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
VP
