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2025 DAILYLAW 53131 (KAR)

MR. D. KANAKACHALA v. THE DEPUTY COMMISSIONER

WP/104097/2022 · 2025-04-22

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:6747 WP No. 104097 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G.UMA WRIT PETITION NO.104097 OF 2022 (KLR-RR/SUR) BETWEEN: MR. D. KANAKACHALA, AGED ABOUT 53 YEARS, S/O. LATE D. HANUMANTAPPA OCC. AGRICULTURIST, R/O. 6TH WARD, RANIPET, HOSAPETE – 583201, TQ: HOSAPETE, DIST: VIJAYANAGARA. …PETITIONER (BY SHRI VEERESH R. BUDIHAL, ADVOCATE -ABSENT) AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, HOSAPETE – 583201, TQ: HOSAPETE, DIST: VIJAYANAGARA. 2. THE ASSISTANT COMMISSIONER, HOSAPETE TALUQA OFFICE OF THE ASSISTANT COMMISSIONER, HOSAPETE- 583201, TQ: HOSAPTE. DIST: VIJAYANAGARA. …RESPONDENTS (BY SHRI T. HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE ANY APPROPRIATE WRIT, ORDER OR DIRECTION INCLUDING A PREROGATIVE WRIT IN THE NATURE OF PROHIBITION FORBIDDING AND PROHIBITING THE RESPONDENT NO.1 FROM CONTINUING WITH THE SUO MOTO PROCEEDINGS INITIATED BY THE RESPONDENT NO.1 IN PROCEEDINGS BEARING NO.SAM/KAM/R.P./44/2021-22, VIDE ANNEXURE-AC. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6747 WP No. 104097 of 2022 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER Learned counsel for the petitioner is absent. No representation, even when the matter was passed over twice and again called at 4:21 p.m. 2. The order sheet dated 18.03.2025 reads as under: “Learned counsel for the petitioner is absent. No representation. Memo along with receipt for having deposited Rs.500/- to the Advocates’ Clerks’ Association, High Court of Karnataka, Dharwad bench is accepted. List this matter on 22.04.2025.” 3. In spite of that, there is no deposit of cost as per the order, nor there any representation. 4. Learned Additional Government Advocate submits that, no specific order is challenged by the - 3 - NC: 2025:KHC-D:6747 WP No. 104097 of 2022 petitioner, but the entire proceedings of respondent No.1 is challenged, which is not permissible under law. 5. On perusal of the prayer made in the writ petition, the petitioner is seeking to prohibit respondent No.1 – the Deputy Commissioner, Vijayanagara, from proceeding with the suo-moto proceedings. Even the prayer is very bald and vague. Under these circumstances, the petition stands dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 2 Sl No.: 15