Karnataka High Court
B.B. Mallesh (Ifs) S/O Late. B.P. ... vs The Chief Secretary on 28 August, 2012
Author: N.K. Patil
Bench: N.K. Patil
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 28TH DAY OF AUGUST, 2012
: PRESENT :
THE HON'BLE MR. JUSTICE N.K. PATIL
AND
THE HON'BLE MR. JUSTICE B.V.PINTO
Writ Petition No. 63247/2011 (S-CAT)
Between:
B.B. Mallesh (IFS)
S/O Late. B.P. Basappa,
Aged About 52 Years, presently working
as Deputy Conservator of Forest,
Halilyal Division,
Haliyal-581329, N.K.
... Petitioner
(By Shri. Gangadhar Sangolli & Shri K.S.Patil &
Shri V.M.Malali, Advs.)
And
1. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha, Bangalore-560001.
2. The Principal Secretary to Government,
Department of Forest, Environment and
Ecology, M.S. Building, Bangalore-560018.
3. The Principal Conservator of Forests,
Aranya Bhavan, 18th Cross,
2
Malleshwaram, Bangalore-560018.
4. H.C, Kantharaju (IFS)
Deputy Conservator of Forests,
Virajpet Division,
Virajpet, Kodagu District.
5. The Principal Secretary to Government,
Department of Personnel and
Administrative Reforms, Vidhana Soudha,
Bangalore-560001.
6. The Union of India,
Ministry of Environment and Forests,
Department of Forests and Wildlife,
Paryavaran Bhavan, CGO Complex,
New Delhi-110003, Rep. by its Secretary.
7. Sunil V Hegade,
M.L.A. Haliyal Joida Constituency,
Subhash Road, Haliyal, U.K.-581329,
Also at Room No. 1,
Legislature Home-1,
Bangalore-560001.
8. K S Eshwarappa,
State President of Bharatiya Janata
Party, and MLA, Shimoga Constitutency,
Jayalaxmi Malleshwara Nagar,
Shimoga-577201, also at No. 11,
16th Cross, 12th Main, Malleshwaram,
Bangalore-560055.
... Respondents
(By Shri. S.K.Kayakamath, Advocate for R4,
Shri N.G.Phadke, Advocate for R8,
Shri A.A.Pathan, Addl.Govt.Advocate for R1 to 3 & 5,
Notice to R6 is dispensed with
vide order Dated 9.11.2011,
R7 - notice served.)
3
******
This Writ Petition is filed under articles 226 and 227 of
the Constitution of India, praying to call for the records
:pertaining to OA No 458/10 pending on the file of CAT and
issue a writ or order or direction, in the nature of certiorari,
quashing the order dated 30.05.2011 passed by the Central
Administrative Tribunal in original application No.458/2010
on the miscellaneous application for vacation of the interim
order filed by the 4th respondent Annexure-C and etc.
This petition coming on for Hearing, this day,
N.K. PATIL. J., made the following:
ORDER
The petitioner in this petition has sought for a direction, to quash the order dated 30th May 2011 passed by the Central Administrative Tribunal in Original Application No.458/2010 on the Miscellaneous Application for vacation of the interim order filed by the 4th respondent Annexure-C.
2. We have heard the learned counsel appearing for petitioner and learned counsel appearing for fourth respondent and also perused the grounds urged in the writ petition.
3. Learned counsel appearing for fourth respondent at the out set submits that due to efflux of 4 time, the prayer sought in the writ petition does not survive for consideration and therefore the writ petition filed by petitioner may be disposed of as having become infructuous.
4. His submission is placed on record. The writ petition filed by petitioner is dismissed as having become infructuous, reserving liberty to the petitioner to redress his grievance before the appropriate competent authority, if he is so advised or need arise.
Sd/-
JUDGE Sd/-
JUDGE BMV*