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2025 DAILYLAW 52247 (KAR)

SMT NEELAMMA W/O BASAVARAJ MAKANOOR v. THE STATE OF KARNATAKA

WP/101821/2025 · 2025-04-17

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6548 WP No. 101821 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101821 OF 2025 (LB-RES) BETWEEN: SMT. NEELAMMA W/O BASAVARAJ MAKANOOR, AGED ABOUT 44 YEARS, OCC: MEMBER CMC/HOUSEHOLD WORK, WARD NO.18, NANDESHWAR NAGAR, KURABAGERI, RANEBENNUR, DIST. HAVERI-581 115. …PETITIONER (BY SRI. CHETAN.T.LIMBIKAI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR, MUNICIPAL ADMINISTRATION, BENGALURU-560 001. 3. THE REGIONAL COMMISSIONER, BELAGAVI REGION, BELAGAVI-590 001. 4. THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI-581 110. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6548 WP No. 101821 of 2025 5. THE COMMISSIONER, RANEBENNUR CMC, RANEBENNUR-581 115. 6. THE PRESIDENT, RANEBENNUR CMC, RANEBENNUR-581 115. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1-4; SRI. PRASHANT.S.HOSAMANI., ADVOCATE FOR R5; SRI. IRANAGOUDA.K.KABBUR., ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Chetan T.Limbikai., counsel for the petitioner, Sri.Praveen K.Uppar., AGA for respondents 1 to 4, Sri.Prashant S.Hosamani., counsel for respondent No.5 and Sri.Iranagouda K.Kabbur., counsel for respondent No.6 have appeared in person. 2. The captioned Writ Petition is filed seeking following reliefs: a) Issue a Writ of Mandamus or such other appropriate Writ or Order or direction by directing respondent - 3 - NC: 2025:KHC-D:6548 WP No. 101821 of 2025 no.6 to decide the Subject No.88 as per the previous general meeting dated 20.02.2025 vide Annexure-B with the same members those who were present on that day without including absented members or without taking support of absented members as on the general meeting dated 20.02.2025. b) Issue a Writ of Certiorari or such other appropriate Writ or Order by quashing the impugned General Meeting Notice bearing No.Na.Sa.Ra/Council Meeting/Vahi/82/2024-25 dated 06.03.2025 vide Annexure-A in so far as petitioner is concerned, issued by 6th respondent. c) Issue a Writ of Mandamus or such other appropriate Writ or Order or direction by directing the respondent No.6 to continue the General Meeting dated:20.02.2025 from the stage where it is been stopped with the members present at that point of time, and direct not to allow absented members to attend the meeting. d) Issue a Writ of Mandamus or such other appropriate Writ or Order or direction by directing respondents 1 and 2 hold an enquiry against 6th respondent for misappropriation carried out by 6th respondent in the General Meeting dated:20.02.2025. e) Issue a Writ of Mandamus or such other appropriate Writ or Order or direction by directing the respondent - 4 - NC: 2025:KHC-D:6548 WP No. 101821 of 2025 No.2 to consider the representation dated:06.03.2025 submitted by the elected councilors vide Annexure-A, in so far as petitioner is concerned. 3. Counsel for the respondents jointly submits that the meeting was not conducted on 14.03.2025. Counsel, therefore, submits that an appropriate order may be passed. The oral submission made by counsel for the respondents is placed on record. 4. Pursuant to the interim order dated:14.03.2025, the meeting is not conducted on 14.03.2025. However, the petitioner contends that Subject No.88 must be decided. The said contention is untenable at this juncture. The reason is apparent. Because the meeting was not conducted, the petitioner cannot have any grievance. Because the meeting was not conducted, Prayer Nos.(b), (c) and (e) does not survive for consideration. As far as Prayer No.(d) is concerned, the petitioner may approach the appropriate forum for redressal of his grievance, if so advised. 5. Resultantly, the Writ Petition is dismissed. - 5 - NC: 2025:KHC-D:6548 WP No. 101821 of 2025 Because of dismissal of the Writ Petition, all pending interlocutory applications, if any, are disposed of and the interim order granted by this Court, if any, stands discharged. Sd/- (JYOTI MULIMANI) JUDGE MRP/RH List No.: 1 Sl. No.: 35