Karnataka High Court
Prajapita Bharamakumari vs The Tashildar on 1 July, 2021
Author: K.Somashekar
Bench: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY 2021
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
WRIT PETITION NO.8379 OF 2020(GM-RES)
BETWEEN:
PRAJAPITA BHARAMAKUMARI
ISWARIYA VISHWA VIDYALAYA
HEAD OFFICE
BHARAMAKUMARIS PANDAVA BHAVANA
MOUNT ABU-307501.
REP BY ITS SISTER B K NIRMALA
HUBLI SUB ZONAL INCHARGE
J C NAGAR, HUBLI
HAVING SUB CENTER AT:
BRAMASAGARA VILLAGE & HOBLI
CHITRADURGA TALUK AND DISTRICT
SUB-CENTER REPRESENTED BY
A) SISTER B K VEENA
B) SISTER B K JAYANTHI
C) SISTER B K SULOCHANA
D) SISTER B K SHOBHA
...PETITIONER
(BY SRI. M.T.NANAIAH, SENIOR COUNSEL FOR
SRI. VISHNU HEGDE, ADVOCATE)
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AND:
1. THE TASHILDAR
AND TALUKA EXECUTIVE MAGISTRATE
CHITRADURGA TALUK
CHITRADURGA-577501.
2. THE POLICE SUB INSPECTOR
BARAMASAGARA POLICE STATION
CHITRADURGA DISTRICT-577519.
3. MISS. B K REKHA
D/O SHIVAJI RAO
C/O P N NARAYANA RAO
AGED ABOUT 39 YEARS
PISALE COMPOUND
P B ROAD, DAVANAGERE.
...RESPONDENTS
(BY SRI.RAHUL RAI, HCGP., FOR R1 & R2:
SRI. PAVAN KUMAR, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO CALL FOR RECORDS FROM THE R1
OFFICE AND QUASH/ SET ASIDE THE IMPUGNED
ORDERS DATED: 23.10.2019 IN PROCEEDINGS
PASSED BY THE R1 I.E., ANNEXURE-A AND
IMPUGNED ORDER DATED:28.10.2019 IN MAG. CR.-
78/2018-19 BOTH PASSED BY THE R1, I.E.,
ANNEXURE-B AS WELL AS IMPUGNED ORDER VIDE
NO. MAG.CR.78/2018-19, DATED 23.10.2018 PASSED
BY THE R-1 I.E., ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
Mr.M.T.Nanaiah, learned senior counsel representing Mr.Vishnu Hegde, learned counsel for the petitioner, appears through video conferencing.
Learned HCGP for respondent Nos.1 and 2 is present before the Court physically.
2. In this petition, the petitioner is seeking for quashing the impugned order dated 23.10.2019 vide Annexure-A; the impugned order dated 28.10.2019 vide Annexure-B and impugned order dated 23.10.2018 vide Annexure-C passed by the Tahsildar- cum-Taluka Executive Magistrate, Chitradurga in MAG.CR.78/2018-19, being the proceedings initiated under Section 145 of Cr.P.C. in respect of the suit schedule property depicted therein.
3. The learned counsel for respondent No.3 submits that the Tahsildar-cum-Taluka Executive 4 Magistrate, Chitradurga, has passed an order in MAG.CR.78/2018-19 dated 28.10.2019 vide Annexure-"B" stating that, on going through the materials referred in the subject as well as reference, he is convinced to order that, 'All orders which have been passed earlier, shall stand cancelled. Consequently, the proceedings initiated under Section 145 of Cr.P.C. shall stand cancelled / closed. Accordingly ordered.'
4. Though the learned counsel for the petitioner submits that the grounds urged in this petition requires for consideration to grant the relief sought for, but when proceedings initiated under Section 145 Cr.P.C. has already been closed by the Tahsildar-cum- Taluka Executive Magistrate, Chitradurga in MAG.CR.78/2018-19 dated 28.10.2019 vide Annexure-"B", there is no question of addressing any 5 issues in this petition as has been appraised by the learned Senior Counsel for the petitioner.
5. Therefore, keeping in view the order passed by the Tahsildar-cum-Taluka Executive Magistrate in the aforesaid proceeding, it is deemed appropriate to state that this petition is dismissed as having become infructuous.
Ordered accordingly.
Sd/-
JUDGE DM