TOTAPPA (RAJU) KURADAGI v. THE DEPUTY COMMISSIONER
WP/101291/2025 · 2025-03-21
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4041 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4041 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5226 WP No. 101291 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101291 OF 2025 (LB-RES) BETWEEN:
TOTAPPA (RAJU) KURADAGI, AGED ABOUT 53 YEARS, PRESIDENT OF B.J.P., GADAG, R/O: SHIVAGANGA, SAMBHAPUR ROAD, GADAG-582 101.
… PETITIONER (BY SRI. VENKATARAO N.DESHMUKH, ADVOCATE FOR SRI. ARAVIND D. KULKARNI, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, GADAG-582 101.
2.
TOWN MUNICIPAL COUNCIL, GAJENDRAGAD-582 114, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ: GAJENDRAGAD, DIST: GADAG.
3.
SMT. VIJAYA S. MALAGI, AGE: 60 YEARS, COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
4.
SMT. DRAKSHAYANI C. CHOLIN, AGED ABOUT 36 YEARS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:5226 WP No. 101291 of 2025
COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
5.
SMT. KOUSARBANU G. HUNAGUNDA, AGED ABOUT 38 YEARS, COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
6.
SHRI. MUDIYAPPA D. MUDHOL, AGED ABOUT 50 YEARS, COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
7.
SHIR. SUBHAS S. MYAGERI, AGED ABOUT 58 YEARS, COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
8.
SHRI. SHARANAPPA U. UPPINBETAGERI, AGED ABOUT 65 YEARS, COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
9.
SMT. LAXMI D. MUDHOL, AGED ABOUT 40 YEARS, COUNCILOR GAJENDRAGAD TMC, R/O: GAJENDRAGAD-582 114, TQ: GAJENDRAGAD, DIST: GADAG.
… RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1;
R2-SERVED AND UNREPRESENTED;
R3 TO R9-HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
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NC: 2025:KHC-D:5226 WP No. 101291 of 2025
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Venkatarao N.Deshmukh., counsel on behalf of Sri.Arvind D.Kulkarni., for the petitioner and Sri.Praveen K.Uppar., AGA for respondent No.1 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the first respondent to dispose of the Case No. PURASABHE/CHU/VAHI/06/2024-25 as early as possible and to fix the time limit for disposal of the same.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
4. AGA on instructions submits that if a direction is issued to the Deputy Commissioner, he/ she shall dispose of the case as expeditiously as possible.
5. The oral submission made by AGA is placed on record.
6. As per Section 4 of the Karnataka Local Authorities (Prohibition of Defection) Act, 1987, a duty casts on the Deputy
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NC: 2025:KHC-D:5226 WP No. 101291 of 2025
Commissioner to dispose of the case is within 60 days. However, in the present case, the provision is not adhered by the Deputy Commissioner. Hence, the Deputy Commissioner is
directed to dispose of the case of the petitioner within 15 days from the receipt of the certified copy of this order.
7. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE
MRP/RH LIST NO.: 2 SL NO.: 4