APSARA THEATRE BIJAPUR Vs. STATE

JUDGEMENT

(1.) THE petitioner has lodged the present caveat petition purporting to be under Sec. 148-A of the Code of Civil Procedure, 1908 (in short the 'code') read with Rule 39 of Part IV of the Writ Proceedings Rules, 1977 framed by this Court, without showing the name of any person or authority who is likely to file any application seeking any order from this Court adverse to the petitioner's interest. Instead, he has filed a separate application seeking permission to exempt him from issuing any prior notice in terms of Sec. 148-A (2) of the Code by relying on the judgment of a learned single Judge in the case of State of Karnataka v. Nil, ILR 1999 Kant 2986 : (AIR 2000 Kant 70)

(2.) ). The learned single Judge in the case of State of Karnataka (AIR 2000 Kant 70) (supra) after referring to sub-secs. (1) and (2) of Section 148-A of the Code and keeping in view the prayer (sic) the caveator that despite non disclosure the name of the applicant likely to file an application for seeking interim order against the (sic) has held that :

(3.) SUBSEQUENTLY, in Caveat Petition No. 5136/99, Kumar Rajaratnam, J. disagreeing and doubting the correctness of the view taken in the case of State of Karnataka (AIR 2000 Kant. 70) (supra), has referred the matter to the Division Bench for reconsideration of the issues. According to him, apart from the provision contained under Sec. 148-A (2) being mandatory conferring no discretion on the Court to waive its requirement, the interpretation given in the reported judgment causes enormous practical difficulties for the Registry of this Court and Registries of all the Civil Courts in the State of Karnataka.