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2025 DAILYLAW 3093 (KAR)

B. NEELAKANT v. N.C. PATIL

WP/77512/2013 · 2025-01-08

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:227 WP No. 77512 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.77512 OF 2013 (S-DE) BETWEEN: SRI B. NEELAKANT, AGE: 45 YEARS, OCC: SERVICE, R/O: YALAKKISHETTAR COLONY, KUMARESHWAR NAGAR, DHARWAD. …PETITIONER (BY SRI B. V. SOMAPUR, ADVOCATE) AND: 1. SRI N.C. PATIL, ENQUIRY OFFICER, DHARWAD CO-OP. MILK PRODUCERS SOCIETY UNION LTD., LAKAMANAHALLI, DHARWAD. 2. N.S. KODIYALMATH, THE DEPUTY MANAGER, (MARKETING) DHARWAD CO-OP. MILK PRODUCERS SOCIETY UNION LTD., LAKAMANAHALLI, DHARWAD. …RESPONDENTS (BY SRI S.S.BETURMATH, ADVOCATE FOR R2; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING/SETTING ASIDE THE IMPUGNED ORDER PASSED BY ENQUIRY OFFICER, DHARWAD CO- OPERATIVE MILK PRODUCERS SOCIETIES UNION, DHARWAD DATED 06/03/2012, VIDE ANNEXURE-A AND THE APPLICATION OF PETITIONER DATED 02/03/2013 MAY PLEASE BE ALLOWED. ISSUE WRIT OF CERTIORARI QUASHING/SETTING ASIDE THE Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:227 WP No. 77512 of 2013 IMPUGNED ORDER PASSED BY ENQUIRY OFFICER, DHARWAD CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION, DHARWAD DATED 04/04/2013, VIDE ANNEXURE-B AND THE APPLICATION OF RESPONDENT DATED 23/03/2013 MAY PLEASE BE DISMISSED AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking for the following prayers: “a. Issue writ of certiorari quashing/setting aside the impugned order passed by Enquiry Officer, Dharwad Co-Operative Milk Producers Societies Union, Dharwad dated 06/03/2012, Vide Annexure-A and the application of petitioner dated 02/03/2013 may please be allowed. b. Issue Writ of Certiorari quashing/setting aside the impugned order passed by Enquiry Officer, Dharwad Co-Operative Milk Producers Societies Union, Dharwad dated 04/04/2013, Vide Annexure-B and the application of respondent dated 23/03/2013 may please be dismissed. c. Issue any such other writ, order or direction as this Hon’ble Court deems fit under the - 3 - NC: 2025:KHC-D:227 WP No. 77512 of 2013 circumstances of the case in the interest of justice and equity.” 2. What is called in question is certain interlocutory orders passed by the Enquiry Officer in an enquiry that was conducted. 3. Learned counsel appearing for the respondent submits that after the passage of time, the enquiry itself was entrusted to the hands of the Lokayukta by the respondent. The Office of the Lokayukta had imposed certain penalty, which is challenged by the very petitioner before the Division Bench and the said challenge is said to have been held in favour of the petitioner. In that light, the present petition which is pending for the last twelve years would not survive for consideration. Therefore the petition is disposed as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 3