Karnataka High Court
Sri V P Sashidar vs Sri K G Bopaiah on 25 February, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2016
PRESENT
THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NOS.58270-58274 OF 2015(GM-RES/PIL)
BETWEEN:
1. SRI V.P.SASHIDAR
S/O LATE V.PUTTAIAH,
AGED ABOUT 50 YEARS,
R/AT KUSHALNAGAR,
SOMAVARPET TALUK,
KODAGU DISTRICT - 571 211.
2. SMT.KULSU
W/O NASIR,
AGED ABOUT 50 YEARS,
R/AT 222 B, SIDDAPURA -2,
KARADIGODU VILLAGE,
VIRAJPETE TALUK,
KODAGU DISTRICT - 571 211.
3. ABDUL REHAMAN K.H.
S/O HUSSAINAR HAJI,
AGED ABOUT 40 YEARS,
R/AT KOTTAMUDI,
HODAWADA,
2
MADIKERI TALUK,
KODAGU DISTRICT - 571 211.
4. SRI AZARUDDIN
S/O HASANABBA,
AGED ABOUT 29 YEARS,
R/AT RANGER BLOCK,
SOMAVARPETE TALUK,
KODAGU DISTRICT - 571 211.
5. SRI RAFEEQ P.M.
S/O MOHAMMAD,
AGED ABOUT 35 YEARS,
R/AT KARMAD VILLAGE,
AMMATHI POST,
VIRAJPET TALUK,
KODAGU DISTRICT - 571 211. ... PETITIONERS
(BY MS.LEELA P.DEVADIGA, ADVOCATE FOR
SRI A.K.SUBBAIAH, ADVOCATE)
AND:
1. SRI K.G.BOPAIAH
S/O K.GANAPATHY,
AGED ABOUT 60 YEARS,
MEMBER OF LEGISLATIVE ASSEMBLY
FROM VIRAJPET CONSTITUENCY,
R/AT MADIKERI,
KODAGU DISTRICT - 571 211.
2. SRI M.P.APPACHURANJAN
S/O M.POOVAIAH,
AGED ABOUT 58 YEARS,
MEMBER OF LEGISLATIVE ASSEMBLY
FROM MADIKERI CONSTITUENCY,
R/AT MADAPURA,
SOMAVARPETE TALUK,
3
KODAGU DISTRICT - 571 211.
3. SRI PRATAP SIMHA
S/O B.E.GOPAL GOWDA,
AGED ABOUT 39 YEARS,
MEMBER OF PARLIAMENT (LOK SABHA),
ELECTED FROM MYSURU-KODAGU
CONSTITUENCY,
R/AT NO.981, 8TH MAIN, 4TH BLOCK,
II PHASE BANASHANKARI,
3RD PHASE, GIRINAGAR,
BENGALURU - 560 085.
4. THE DISTRICT UNIT OF BHARATHIYA
JANATA PARTY,
KODAGU DISTRICT, MADIKERI,
THROUGH ITS PRESIDENT
SRI M.P.SUJA KUSHALAPPA,
S/O M.POOVAIAH,
AGED ABOUT 55 YEARS,
R/AT VIRAJPET TOWN,
VIRAJPET TALUK,
KODAGU DISTRICT - 571 211.
5. THE STATE OF KARNATAKA
BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS,
VIDHANA SOUDHA,
BENGALURU - 560 001.
6. THE DEPUTY COMMISSIONER
KODAGU DISTRICT,
MADIKERI,
KODAGU - 571 211.
7. THE SUPERINTENDENT OF POLICE
KODAGU DISTRICT,
MADIKERI,
KODAGU - 571 211. ... RESPONDENTS
4
(BY SRI R.DEVDAS, PRL.GA FOR R5 TO R7)
*****
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DECLARE THAT THE CALL GIVEN BY THE R1
TO 3 ON BEHALF OF THEIR POLITICAL PARTY THE R4
FOLLOWED BY FORCIBLE BANDH OF KODAGU DISTRICT
ON 10.11.2015 THE DAY OF TIPPU BIRTHDAY
CELEBRATION IS UNCONSTITUTIONAL, ILLEGAL AND
CONSTITUTES THE CRIMINAL OFFENCE FOR WHICH THEY
ARE LIABLE TO BE PROSECUTED ETC.,
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, Chief Justice, MADE THE
FOLLOWING:
ORDER
These writ petitions are filed seeking a declaration that the bandh called for by the respondent Nos.1 to 4 on November 10, 2015 in Kodagu district, is unconstitutional.
2. The date is over and, thus, we feel that these writ petitions have become infructuous. 5
3. The writ petitions are dismissed as having become infructuous.
4. We make no order as to costs.
SD/-
CHIEF JUSTICE SD/-
JUDGE JJ