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2025 DAILYLAW 45290 (KAR)

JAYANT v. THE PRINCIPAL SECRETARY

WP/101547/2025 · 2025-03-04

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4177 WP No. 101547 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101547 OF 2025 (LB-RES) BETWEEN: 1. JAYANT S/O BALKRISHNA JADHAV, AGE: 39 YEARS, OCC: CORPORATOR, R/O. H.NO. 52, HOSUR BASAVANGALLI, BELAGAVI-590 006. 2. MANGESH S/O NARAYAN PAWAR, AGE: 51 YEARS, OCC: CORPORATOR, R/O. NO. 447, NAZAR CAMP, 3RD CROSS, VADAGAON, BELAGAVI-590 005. …PETITIONERS (BY SRI.RAVIRAJ.C.PATIL., ADVOCATE FOR SRI. JOSHI SHRIPRASAD JAYATEERTH., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPT. OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU- 01, (APPELLATE AUTHORITY U/S 26(3) OF K.M.C. ACT, 1976). 2. THE REGIONAL COMMISSIONER, BELAGAVI DIVISION, BELAGAVI. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4177 WP No. 101547 of 2025 THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Raviraj C.Patil., counsel on behalf of Sri.Joshi Shriprasad Jayateerth., for the petitioners and Sri.Praveen K.Uppar., AGA for respondents have appeared in person. 2. The Writ Petition is filed seeking a Writ of Mandamus to direct the first respondent to hear and decide on the appeal and I.A. filed by the petitioners in the appeal before the first respondent expeditiously. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the writ papers with care. 4. A complaint was filed against the petitioners by one Sujeet M.Mulgund. The second respondent – Regional Commissioner, Belagavi Division, Belagavi passed the order disqualifying the petitioners as councilors on their respective wards at Municipal Corporation on 10.02.2025. Aggrieved by the said order, the petitioners preferred writ petition. The writ petition came to be disposed of directing the petitioners to file - 3 - NC: 2025:KHC-D:4177 WP No. 101547 of 2025 an appeal before the first respondent. Accordingly, the petitioners preferred appeal before the first respondent on 13.02.2025. They also filed an interim application. The grievance of the petitioners is about non-numbering of the appeal and the consideration of the interim application. Hence, he is before this Court seeking mandamus directing respondent No.1 to assign the number and to hear the case and decide the appeal and the interim application. 5. In my view, the grievance appears to be genuine, hence, this Court deems it appropriate to order mandamus directing the first respondent to assign the number for the appeal that has been filed by the petitioners vide Annexure-A within ten days from the receipt of certified copy of this order and hear the appeal and the interim application as expeditiously as possible. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP,CLK List No.: 2 Sl No.: 14