- 1 - NC: 2024:KHC:5659-DB WP No. 22750 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2024 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE UMESH M ADIGA WRIT PETITION NO. 22750 OF 2023 (S-KSAT) BETWEEN: MR GANGADHAR T B S/O BOLANAIK AGE 48 YEARS PHYSICAL EDUCATION TEACHER GRADE-1 GOVERNMENT HIGH SCHOOL KONDLUR, THIRTHALLI TALUK SHIVAMOGGA DISTRICT-577432. …PETITIONER (BY SRI. VICTOR MANOHARAN S - ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF EDUCATION (PRIMARY AND SECONDARY EDUCATION) M.S. BUILDING BENGALURU -5600001. 2. THE COMMISSIONER OF PUBILC INSTRUCTION IN KARNATAKA NEW PUBLIC OFFICES NRUPATUNGA ROAD BENGALURU-560001. 3. THE JOINT DIRECTOR BENGAULRU DIVISION PUBLIC INSTRUCTION DEPARTMENT O/O THE COMMISSIONER Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - NC: 2024:KHC:5659-DB WP No. 22750 of 2023 NEW PUBLIC OFFICES NRUPATUNGA RAOD BENGALURU-560001. 4. THE DEPUTY DIRECTOR PUBLIC INSTRUCTION DEPARTMENT SHIVAMOGGA DISTRICT SHIVAMOGGA-577432. …RESPONDENTS (BY SRI.SHIVA REDDY V - AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.06.2023 PASSED IN APPLICATION No-5149/2022 BY THE HON’BLE KSAT BENGALURU PRODUCED AT ANNEXURE-A; IN CONSEQUENCE GRANT THE RELIEF AS PRAYED IN APPLICATION No-5149/2022 BEFORE THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGLAURU BY ALLOWING THIS WRIT PETITION. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING: ORDER Learned counsel Sri Victor Manoharan S for the petitioner is on record, but there is no representation either through video conferencing or present before the Court physically. 2. Learned AGA is directed to take notice for respondent Nos.1 and 4 3. Office note reveals non-compliance of office objections for fifth time. Inspite of grant of sufficient time - 3 - NC: 2024:KHC:5659-DB WP No. 22750 of 2023 to cure the defects, neither the petitioner nor the counsel for the petitioner are either diligent or vigilant to cure the defects under curial law. In this regard, it is relevant to refer Section 151 of CPC which indicates no limit for exercising inherent powers either effecting or affecting to make such orders as may be necessary, it is the first limb of the said provision. The second limb of the said provision indicates preventing abuse of process of the Court and the third limb indicates securing ends of justice, which is applicable to both the parties to the lis. But the counsel has not come forward to cure the defects under curial law even for the fifth time. Therefore, this writ petition is dismissed for non-prosecution. Sd/- JUDGE Sd/- JUDGE DKB