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2025 DAILYLAW 3856 (KAR)

HIRIYA NAGARIKARA KSHEMABHIRUDHI TRUST, v. THE STATE OF KARNATAKA,

WP/108876/2016 · 2025-02-06

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2323 WP No. 108876 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108876 OF 2016 (GM-RES) BETWEEN: HIRIYA NAGARIKARA KSHEMABHIRUDHI TRUST, RAMNAGAR, PARAM JYOTI GRAPHICS BUILDING, DHARWAD, REP BY ITS PRESIDENT, SRI. B. M. BHOPALAPUR, AGED ABOUT: 85 YEARS, R/AT: “POORNIMA” NO. 12, SHIVANAND NAGAR, DHARWAD. …PETITIONER (BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY ITS SECRETARY, DEPARTMENT OF WOMEN CHILD WELFARE, M.S. BUILDING, BANGALORE. 2. THE DIRECTOR, DIFFERENTLY ABLED AND SENIOR CITIZENS WELFARE COMMITTEE, PODIUM BLOCK, VISHWESHWARAYYA TOWERS, BANGALORE. 3. THE DEPUTY COMMISSIONER, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2323 WP No. 108876 of 2016 DHARWAD DISTRICT, DHARWAD. 4. THE DEPUTY DIRECTOR, WOMEN AND CHILD WELFARE DEPARTMENT, DHARWAD. 5. THE DISTRICT WELFARE OFFICER FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS, DHARWAD. 6. SRI. AMARNATH, THE DISTRICT WELFARE OFFICER FOR PERSONS WITH DISABILITIES AND SENIOR CITIZENS, DHARWAD. …RESPONDENTS (BY SRI SHARAD V MAGADUM, AGA FOR R1 TO R5, NOTICE TO R6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIS IS PRAYING TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT GOVERNMENT BEARING NO.MAMMAE 45 PHC 2016 DATED:28.05.2016, COPY AS PER ANNEXURE-F BY CONSIDERING THE REPLY AND THE DOCUMENTS, ANNEXURE-G1 TO APPENDED TO THE APPLICATION DATED:21.07.2016, COPY AS PER ANNEXURE-G. ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER AT ANNEXURE-F1 DATED 23.11.2013 PASSED BY THE RESPONDENT 3 VIDE NO NIL AND ALSO THE REPORT OF THE 6TH RESPONDENT VIDE ANNEXURE-F2 DATED ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AND DIRECT THE RESPONDENTS TO RE- CONSIDER THE REPRESENTATIONS SUBMITTED BY THE - 3 - NC: 2025:KHC-D:2323 WP No. 108876 of 2016 PETITIONER DATED 30.03.2013, 4.4.2013, 25.7.2013, 17.2.2014 3.3.2014 AND 9.1.2015 ARE PRODUCED MARKED ANNEXURE D TO D-S AND RELEASE THE GRANT FOR HAVING RUN THE DAY CARE CENTRE FOR THE BELOW POVERTY LINE SENIOR CITIZENS AS PER THE SANCTION ORDERS AND IN CONFORMITY WITH THE SCHEME OF DAY CARE CENTRE FOR THE SENIOR CITIZENS OF BELOW POVERTY LINE AT DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. A Coordinate Bench of this Court on 17.01.2025 had passed the following order: “It is seen from the records that though amended writ petition is filed immediately after the order dated 01.03.2021, the amendment has not been carried out in all these years. None appears for the petitioner. To extend a final opportunity to the learned counsel for the petitioner to carry out amendment lest the petitioner be dismissed for default, this petition is adjourned by a peremptory order to be called on 27.01.2025.” - 4 - NC: 2025:KHC-D:2323 WP No. 108876 of 2016 2. Even today, there is no representation on behalf of the petitioner. 3. In the light of the peremptory order so passed by the Coordinate Bench on 17.01.2025 and the absence of the petitioner today, petition is dismissed for non- prosecution. Sd/- (M.NAGAPRASANNA) JUDGE KGK List No.: 1 Sl No.: 70