GURUBASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person who was appointed as chairman of Koppal Urban Development Authority, in terms of the government order dated 30-3-2007 [Annexure-A to the writ petition] Petitioner, who is a member of the Karnataka District Cooperative Central Bank [KDCC], Uttarakannada district and also claims to be a director of Automobiles Parts and Consumers? Co-operative Society Ltd., Haliyal, has questioned the legality of the order dated 8-1-2007 [Annexure-A to the writ petition], is aggrieved that he is being coerced to tender resignation in terms of the communication dated 9-11-2007 [Annexure-C to the writ petition] originated from the office of the deputy commissioner of Koppal district, purporting to be on the basis of the government circular dated 7-11-2007 [Annexure-D to the writ petition]; that the petitioner is sought to be relieved of his office before the expiry of three years as has been mentioned in the order dated 3-3-2007; that a request of the deputy commissioner seeking for petitioner?s registration to the post or even government circular under Annexure-D are all without any basis or reason; that it is a circular without any application of mind, an outright arbitrary action and therefore liable to be quashed. Hence this writ petition is filed questioning the legality of the circular and the request of the deputy commissioner.

(2.) NOTICES had been issued to the respondents and they are represented by Ms K Vidyavati, learned government pleader. Statement of objections has also been filed on behalf of the respondents. An application is moved seeking for vacating the interim order of stay, on the strength of which the petitioner has continued to be in office of the chairman, Koppal UDA so far.

(3.) ON the other hand, Ms K Vidyavati, learned government pleader, would submit that matters of this nature questioning the legality of the very circular had come in for examination before this court on an earlier occasion and such writ petitions have been dismissed; that such is the view taken by the Division Bench, following which, a learned single judge of this court has dismissed a similar writ petition and the petitioner?s case being in pari materia with the case disposed of by this court earlier in WP No 18461 of 2007 on 14-10-2008 in the case of Sri M Ravindra Babu versus State of Karnataka, this writ petition is to be dismissed and there is no justification to continue the interim order of stay; that the interim order should be vacated and consequently the writ petition should also dismissed.