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2025 Supreme(Online)(Kar) 25103
KARNATAKA HIGH COURT
B M SHYAM PRASAD, J
SRI YATHISH KUMAR M B – Appellant
Versus
DEPARTMENT OF COOPERATION GOVERNMENT OF KARNATAKA – Respondent
WRIT PETITION NO. 23660 OF 2024
For the Appellants/Petitioners: SRI. M. SATHYA KUMAR
For the Respondents: SRI. RAHUL CARIAPPA, AGA FOR R1 TO R3; SRI. MAHESH KIRAN SHETTY
The court may dispose of a writ petition with liberty based on procedural defects acknowledged by parties.
Headnote:This judgment revolves around the writ petition filed under Article 226 of the Constitution of India, where misappropriations were alleged against the respondents. The Court acknowledged the appearances of the respondents through their counsel and accepted the petitioner's memo asserting a defect in form. The petition is disposed of granting liberty subject to all just exceptions. The key issues embraced the procedural aspects of the writ petition, examining the court's jurisdiction to consider such defects; the court noted the responses from the government advocates highlighting adherence to procedural requirements. As a result, the petition was dismissed with the mentioned conditions.
ORAL ORDER
The petitioner has filed a memo which reads as under:
"It is submitted that the petitioner has filed a writ petition for misappropriations against the respondents before this Hon'ble Court. The respondents have appeared before this Hon'ble Court through their counsel."
Mr. Rahul Cariappa, the learned Additional Government Advocate for the first to the third respondents, and Mr. Mahesh Kiran Shetty, the learned counsel for the fourth respondent, submit that this Court may not grant any liberty, but as the petitioner asserts defect in form, the memo is accepted.
The petition stands disposed of with liberty subject to all just exceptions.
