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2025 DAILYLAW 37504 (KAR)

SUNIL S.O. GOVIND KAKATKAR v. THE DISCIPLINARY COMMITTEE-1

WP/104079/2025 · 2025-12-10

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17910 WP No. 104079 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104079 OF 2025 (GM-RES) BETWEEN: SUNIL S/O. GOVIND KAKATKAR, AGE: 44 YEARS, OCC: ADVOCATE, R/O. CTS NO.5713/A-15, INDRAPRAST NAGAR, JAKKERI HONDA, BELAGAVI-590006, TQ AND DIST: BELAGAVI. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE DISCIPLINARY COMMITTEE-1, KARNATAKA STATE BAR COUNCIL, REPTD BY ITS REGISTRAR, OLD ELECTION BUILDING, BENGALURU-560001. 2. THE KARNATAKA STATE BAR COUNCIL, REPTD. BY ITS CHAIRMAN, OLD ELECTION BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU-560001. 3. YUVARAJ S/O. KRISHNA DESURKAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. SUBHAS ROAD, BENAKANAHALLI, BELAGAVI, TQ AND DIST-591108. …RESPONDENTS (BY SMT. ARCHANA MAGADUM, ADVOCATE FOR R1 AND R2; SRI. G.NATARAJ, ADVOCATE FOR R1 AND R2; SRI. VITHAL S.TELI, ADVOCATE FOR R3) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 12:06:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17910 WP No. 104079 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE RESOLUTION DATED 28/29TH DECEMBER 2024 VIDE RESOLUTION NO. 225/2024 VIDE ANNEXURE-J PASSED BY THE RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE DISCIPLINARY ENQUIRY NO. 41/2024 PENDING BEFORE DISCIPLINARY COMMITTEE-1 I.E. RESPONDENT NO.1 VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING 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 the following prayer: a. Issue a writ in the nature of certiorari by quashing the resolution dated 28/29th December 2024 vide Resolution No.225/2024 vide Annexure-J passed by the respondent No.2, in the interest of justice and equity; b. Issue a writ in the nature of certiorari by quashing the disciplinary enquiry No. 41/2024 pending before disciplinary committee-1 i.e. respondent No.1 vide annexure-h in the interest of justice and equity. 2. The petitioner is on the score that the issue in the lis stands answered by the judgment rendered by this Court in Writ Petition No.20076 of 2023, disposed off on 07th June 2024 in the case of Sri Paras Jain v. Karnataka State Bar Council. 3. In the case at hand, the complainant is the respondent No.3, who was the defendant in O.S.No.538 of 2018. - 3 - HC-KAR NC: 2025:KHC-D:17910 WP No. 104079 of 2025 In the said original suit, the petitioner appears as a general power of attorney holder and conducts a case in O.S.No.538/2018 and after the death of the executant of the GPA, the petitioner continues to conduct the case notwithstanding the death. This is the submission of the counsel appearing for the respondents. 4. The learned counsel for the petitioner at this juncture submits that all contentions be left open to be considered before the Bar Council and the petition be disposed. 5. In the light of the said submission, the petition stands disposed with a direction to the Bar Council to conclude the proceedings as expeditiously as possible in accordance with law. 6. All contentions of both the parties urged and not urged, shall remain open to be considered before the Bar Council. Sd/- (M.NAGAPRASANNA) JUDGE KGK Ct:vh List No.: 1 Sl No.: 140