Nithesh Suvarna vs Commissioner Mangalore City Corporation

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2026 Supreme(Online)(Kar) 28013

THE HIGH COURT OF KARNATAKA
B M Shyam Prasad, J
Nithesh Suvarna – Appellant
Versus
Commissioner Mangalore City Corporation – Respondent
WP No. 21317 of 2025

Important Points

A writ petition becomes infructuous and is liable to be disposed of when the petitioner expresses an intent to pursue a subsequent, related petition covering the same grievances.

Subject

Civil Law - Writ Petition

Act Referred

Constitution of India: Art.226, Art.227

Headnote

The petitioner challenged a demolition order and a subsequent order passed by the District and Sessions Judge. During the hearing, the petitioner's counsel submitted that in light of the filing of a subsequent writ petition, the present petition had become infructuous. The core issue was whether the present petition survives in view of subsequent litigation. The court accepted the submission that the petition served no further purpose and that the petitioner intended to prosecute the newer proceedings instead. The petition is disposed of as infructuous, with liberty granted to the petitioner to pursue the relevant subsequent legal proceedings.

Advocates:
For the Appellants/Petitioners: Divyatej H.N.

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DEMOLITION ORDER PASSED IN E4/BA 224/2003-04 BY THE RESPONDENT NO.1 AUTHORITY DATED 07.06.2021 VIDE ANNEUXRE - B1 AND THE IMPUGNED JUDGMENT OF DISMISSAL PASSED BY THE HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN MISC. APPEAL NO.21/2021 AND MISC. APPEAL NO.2/2022 DATED 09.12.2022 VIDE ANNEXURE-C.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

Mr. Divyatej H N, the learned counsel for the petitioner, submits that because of turn of events and the petitioner filing W.P.No.15478/2026, this petition is rendered infructuous and the learned counsel submits that this Court may dispose of the petition without prejudice to the petitioner to prosecute the petition in W.P.No.15478/2026.

This submission is accepted and the petition stands disposed of accordingly subject to all just exceptions.