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2025 DAILYLAW 83753 (KAR)

SRINIVAS.S.DEVATHI v. UNION OF INDIA

WA/886/2025 · 2025-08-04

K S Mudagal, M G S Kamal

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30016-DB WA No. 886 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT APPEAL NO. 886 OF 2025 (IPR) BETWEEN: SRINIVAS S. DEVATHI AGED ABOUT 48 YEARS, S/O LATE D. SATYANARAYANA, R/AT NO.63, 11TH B CROSS, 3RD MAIN, PRASHANTHNAGAR, BENGALURU-560 079, INDIA, MOBILE NO.(91)-9663932293, E-MAIL ID.PROJECTEARTHLING@SRINIVASDEVATHI.COM. …APPELLANT (BY SRI. SRINIVAS S. DEVATHI (PARTY-IN-PERSON)) AND: UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, LEGAL AND TREATIES DIVISION, ROOM NO.901, AKBAR BHAVAN, CHANAKYAPURI, NEW DELHI-110 021, PH.NO.91-11-24674143. REPRESENTED BY MRS. UMA SEKHAR, ADDITIONAL SECRETARY, ALSO REP. EXTERNAL AFFAIRS MINISTER MR. S. JAISHANKAR. …RESPONDENT (BY SMT. NAYANATARA B.G., ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT READ WITH ARTICLES 21, 51A, 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30016-DB WA No. 886 of 2025 IMPUGNED ORDERS ISSUED FOR WP NO.13823/2023 ON 14.06.2024, AND ISSUE THE FOLLOWING ORDERS, STARTING WITH THE INTERIM RELIEF PRAYER IMMEDIATELY, AND ADJOURN THE WRIT APPEAL FOR ISSUE OF PRAYER ORDERS, UNTIL AFTER THE EARTHLINGS COUNCIL IS ORGANIZED, EARTHLINGS COUNCIL SIGNATORY TEAM IS APPOINTED, INTERNATIONAL TRADE AND BUSINESS BANK INDIA IS REGISTERED, AND MY INDIVIDUAL BANK ACCOUT AT INTERNATIONAL TRADE AND BUSINESS BANK INDIA IS OPENED. I SHALL PROVIDE STATUS OF THESE PROJECTED EVENTS ON ADJOURNED HEARING DATES TO THE HONORABLE COURT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) This writ appeal is preferred challenging the order of the learned single Judge dated 14.06.2024 passed in W.P.No.13823/2023 (IPR). 2. Registry has placed the records of W.A.No.983/2024 (IPR). The said records show that present appellant himself had preferred that appeal challenging the very same order passed in W.P.No.13823/2023 (IPR). That appeal was dismissed on 22.04.2025 on finding, the appellant is incapable in conducting the case and also making certain - 3 - HC-KAR NC: 2025:KHC:30016-DB WA No. 886 of 2025 observations about his conduct. The said order reads as follows; "Appellant-party in person is present and submits that he is not ready to engage the services of learned counsel. 2. The party in person committee by report dated 23.02.2025 has certified that the appellant is incapable in conducting the matter in person. Even this Court found that the appellant without required competence to argue the matter simply consuming the time of the Court in arguments consuming the valuable Court’s time which could be devoted for deciding other matters. 3. Despite the Court granting him the opportunity to engage Counsel, the appellant- party in person is recalcitrant and not agreeable to avail the opportunity. The office objections are not complied. Therefore, the appeal is dismissed." 3. Suppressing proceedings in W.A.No.983/2024 (IPR) present appeal is filed. When once the appeal is dismissed, it is not open to prefer another appeal against the very same order. Therefore, this appeal is not maintainable. 4. It is also to be noted that in W.A.No.983/2024 itself the Court has opined the appellant is incapable of conducting the case in person. Despite the said order dated 22.4.2025 in - 4 - HC-KAR NC: 2025:KHC:30016-DB WA No. 886 of 2025 W.A.No.983/2024, again 'C' certificate is issued. Registry shall take note of the earlier order in W.A.No.983/2024 in further proceedings, if any, filed by the appellant. 5. The records reveal that the appellant abusing the process of the Court is frequently filing such cases which conduct is deprecable. For the aforesaid reasons, appeal is dismissed on payment of cost of Rs.10,000/- payable to the Karnataka State Legal Services Authority. If he fails, same shall be recovered as arrears of land revenue. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 3