TOTAPPA (RAJU) KURADAGI v. THE DEPUTY COMMISSIONER,
WP/101293/2025 · 2025-03-21
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4074 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4074 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5227 WP No. 101293 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. 101293 OF 2025 (LB-RES) BETWEEN:
TOTAPPA (RAJU) KURADAGI, AGE: 53 YEARS, PRESIDING 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.
2.
THE TOWN MUNICIPAL COUNCIL , NAREGAL, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ: GAJENDRAGAD, DIST: GADAG.
3.
SMT. VIJAYALAXMI N.CHALAVADI, AGED ABOUT 45 YEARS, COUNCILOR NAREGAL TMC, R/O: WARD 06, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG-582 119.
4.
SHRI. MALLIKSAAB A. RONAD, AGED ABOUT 55 YEARS, COUNCILOR NAREGAL TMC, R/O: WARD 12, NAREGAL,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:5227 WP No. 101293 of 2025
TQ: GAJENDRAGAD, DIST: GADAG-582 119.
5.
SHRI. IRAPPA Y. JOGI, AGED ABOUT 55 YEARS, COUNCILOR NAREGAL TMC, R/O: WARD 13, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG-582 119.
6.
SHRI. FAKKIRAPPA J. BAMBLAPUR, AGED ABOUT 50 YEARS, COUNCILOR NAREGAL TMC, R/O: WARD 14, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG-582 119.
7.
SHRI. FAKKIRAPPA B. MALLI, AGED ABOUT 50 YEARS, COUNCILOR NAREGAL TMC, R/O: WARD 15, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG-582 119.
8.
SHRI. KUMARASWAMI C.KORADHANYAMATH, AGED ABOUT 40 YEARS, COUNCILOR NAREGAL TMC, R/O: WARD 08, NAREGAL, TQ: GAJENDRAGAD, DIST: GADAG-582 119.
… RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1;
R2-SERVED AND UNREPRESENTED;
R3-8- HELD SUFFICIENT)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
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NC: 2025:KHC-D:5227 WP No. 101293 of 2025
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/07/2024-25 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 Commissioner to dispose of the case is within 60 days.
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NC: 2025:KHC-D:5227 WP No. 101293 of 2025
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.: 5