IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 14^TH DAY OF SEPTEMBER, 2021

PRESENT

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

AND

THE HON’BLE MR. JUSTICE M.G.S. KAMAL

WRIT APPEAL No.100194/2021 (S-PRO)

BETWEEN:

1.

THE SECRETARY TO THE GOVERNMENT,

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT,

M S BUILDING, DR AMBEDKAR VEEDI,

BANGALORE.

2.

THE DIRECTOR OF MUNICIPAL ADMINISTRATION,

9TH FLOOR, VISHWESHARAIAH TOWER,

POLICE THIMMAIAH CIRCLE,

BANGALORE. ... APPELLANTS

(BY SRI.SHIVAPRABHU S.HIREMATH, AGA)

AND:

1.

SHRI. ANIL S PRABHU,

AGED 51 YEARS,

S/O. SHRINIVAS P. PRABHU,

PRESENTLY WORKING AS

SENIOR HEALTH INSPECTOR,

TOWN MUNICIPAL CORPORATION,

BHATAKALA.

2.

THE CHIEF OFFICER,

TOWN MUNICIPAL COUNCIL,

BHATKAL TALUK,

UTTARA KANNADA DISTRICT.

... RESPONDENTS

(BY SRI.N.V.YAJI, ADVOCATE FOR C/R1)

2

THIS WRIT APPEAL IS FILED U/S.4 OF THE KARNATAKA

HIGH COURT ACT, 1961, PRAYING THIS HONBLE COURT TO,

A.CALL FOR RECORDS, B. SET ASIDE THE JUDGMENT DATED

27.02.2018 PASSED BY THE LEARNED SINGLE JUDGE IN

WP.NO.13094/2009 (S-PRO), IN THE INTEREST OF JUSTICE AND

EQUITY AND ETC.,

THIS

WRIT

APPEAL

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, P.B.BAJANTHRI J., DELIVERED THE

FOLLOWING:

JUDGMENT

In the instant writ appeal, there is a delay of 1247 days

in questioning the judgment dated 27.02.2018 passed in

W.P.No.13094/2009 (S-PRO).

2.

Heard on IA-2/2021 for condonation of delay of

1247 days.

3.

This is a State Writ Appeal. The reasons

assigned in IA-2/2021 for condonation of delay are as under:

“4.

It is respectfully submitted that, thereafter on

29.05.2019 in view of the withdrawal of the permission

given to the respondent by the appellant No.2 was a

rightful action or not sent a letter seeking clarification

once again as to what action has to be taken in the said

case to the Government. Since, the Government did not

find any legal grounds to file Review petition, directed to

the appellant No.2 to take action as per the direction

issued by this Hon'ble Court by order dated 27.02.2018 by

3

letter dated 16.08.2019. Again on 05.11.2019 the

appellant No.2 wrote a letter to the Government once

again seeking for a direction to file a Review petition.

Thereafter, on 24.12.2019 the Government permitted the

appellants to file a Review petition. Thereafter, on

27.01.2020 the appellant No.2 wrote a letter to the

Government

seeking

appointment

of

Government

Advocate on behalf of the Government to defend the case

before the Hon'ble High Court. Thereafter, on 18.3.2020 a

letter was written by the Appellant No.2 to the

Government seeking permission to file a Writ Appeal

against an order passed by the Learned Single Judge and

to appoint Project Director, District Urban Development

cell Karwar as Litigation conducting Officer. Thereafter, on

06.06.2020 the Government has given permission to the

appellant No.2 to file writ appeal by appointing a

Government Advocate to file appeal before the Hon'ble

High Court of Karnataka, Dharwad Bench. On 24.6.2020

the appellant No.2 wrote a letter to the Government

seeking for Government order to appoint Government

Advocate to conduct the said case on behalf of the

Government as well as the appellant No.2. Thereafter, on

28.09.2020 the Government passed a order appointing

the

Government

Advocate.

On

07.10.2020

a

correspondence was sent on behalf of the appellant No.2

to the Project Director, District Urban Development Cell,

Karwar to file a writ appeal with regarding to the order

passed by the Learned Single Judge in WP.No.13094/2009

which came to be disposed off on 27.02.2018.

4

5.

It is respectfully submitted that, during the above

correspondence having been taken place the Head of the

Legal Cell and Ex-Officio Deputy Secretary to Government

issued Government order bearing No.UDD-35TMS-2019,

Bengaluru dated 23.09