Karnataka High Court
Pradeep S/O Ishwarappa Hanagal vs Secretary, Gram Panchayath Bagyanagar on 24 October, 2013
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH OF OCTOBER, 2013
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
WRIT PETITION NO.65809 OF 2009 (LB-RES)
Between:
Pradeep
S/o Ishwarappa Hanagal
Age 49 years
R/o Bagyanagar
Taluk: Koppal
District: Koppal
...Petitioner
(by Shri J.S. Shetty, Advocate)
And:
1. Secretary
Grama Panchayat Bagyanagar
Bhagyanagar
Taluk: Koppal
District: Koppal
2. President
Grama Panchayat Bagyanagar
Bhagyanagar
Taluk: Koppal
District: Koppal
...Respondents
(by Shri Sadiq N. Goodwala & Sri A.B. Patil, Advocates for R1
Notice to R2 served)
2
This petition is filed under Articles 226 and 227 of the
Constitution of India praying to quash the notice
No.Gra.Pan.Bha/09-10, dated 13.10.2009 issued by the
respondents the copy of which has been produced at Annexure-
A; and etc.
This petition coming on for preliminary hearing, in 'B'
group, this day, the Court made the following:
ORDER
Notice, dated 13th October 2009, issued by the office of the Grama Panchayat, Bhagyanagar, whereunder the petitioner was directed to shift the brandy shop within 24 hours, has been challenged in this petition. The ground of challenge is on incompetence.
2. The learned counsel for the respondent submits that the petitioner himself has made representation to the Grama Panchayat for permission to shift the said shop which was considered by the respondents and the petitioner was permitted to shift the shop. Hence, he shifted it from Survey No. 691/B in Shop No.11/1 to a different place and is carrying on his business in the new place.
3
3. In view of the submission made by the learned counsel for the respondent that the petitioner was permitted to shift the shop based on his own representation, nothing survives for consideration in this petition and the same is dismissed as having become infructuous.
SD/-
JUDGE lnn