SAMSTANA MAHABALESHWARA DEVARU REPRESENTED BY ITS TRUSTEE BALACHANDRA VIGNESHWARA DIXIT Vs. STATE OF KARNATAKA BY ITS SECRETARY

JUDGEMENT

(1.) THIS appeal is by the aggrieved Writ Petitioners in W.P.No.17580/2006 which petition was short circuited by a overzealous government and its counsel, resulting in the following order by the learned Single Judge: The learned Government Advocate submitted that the order dated 12.08.2006 by virtue of which the impugned notification dated 17.11.2006 in this writ petition has been withdrawn. The notification dated 12.08.2006 has superceded the earlier notification. TYhere4fore, this writ petition does not survive for consideration. The writ petition being infructuous, is accordingly dismissed. The appellants have questioned not only the legality of the ordr4 passed by the learned Single Judge but also the method and manner in which the order has been brought into existence.

(2.) APPEAL has not only generated considerable debate and leading to heated arguments many a times as the impugned orders obtained by the State by recourse to sharp practices for getting the writ petition dismissed as having become infructuous.

(3.) THE writ petition which had been presented on 05.12.2006 has come up for preliminary hearing on 08.12.2006 before the court and while the Government Advocate had been directed to take notice for the respondents and on 12.12.2006 this court noticed that the learned Government Advocate was seeking further time to seek instructions and to file objections etc., when the matter was directed to be posted to 18.12.2006 and at the instance of the petitioners, an interim order directing the parties to maintain statusquo as on day was passed.