GEETHA SRINIVASULU vs. DEPARTMENT OF MINES AND GEOLOGY

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WP/11674/2021HC KarnatakaKAHC01022215202126 July 2022Bench: ALOK ARADHE(ACJ),S VISHWAJITH SHETTY3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the subsequent order, which was the subject of another writ petition, rendered the current petition infructuous. Therefore, the court found no further issues to adjudicate in the present case.

What were the facts?

The petitioner sought a writ of mandamus to direct the Department of Mines and Geology to issue clearance for the release of sale proceeds. The respondents stated that the demand notices the petitioner sought to quash had culminated into a subsequent order which was challenged in another writ petition.

What were the issues?

Whether the current writ petition survives for adjudication given that the demand notices were superseded by a subsequent order challenged in another proceeding.

AI-generated summary — verify with the full judgment below

- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2022 PRESENT THE HON’BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 11674 OF 2021 (GM-MM-S) BETWEEN: GEETHA SRINIVASULU HAVING HER OFFICE AT OLD INCOME TAX OFFICE BUILDING NEAR SAHAKARI KALYANA MANTAPPA N C COLONY HOSAPETE-583203 ...PETITIONER (BY SRI ADITYA NARAYAN, ADVOCATE) AND 1 . DEPARTMENT OF MINES AND GEOLOGY NO. 49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001 REPRESENTED BY ITS DIRECTOR 2 . THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY 3RD FLOOR, PERWEZ PLAZA COLLEGE ROAD HOSAPETE-583201 …RESPONDENTS (BY SRI S S MAHENDRA, AGA FOR R-1 & 2)

- 2 - THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.1 TO ISSUE THE NECESSARY CLEARANCE TO THE MONITORING COMMITTEE FOR THE RELEASE OF THE PENDING SALE PROCEEDS LYING WITH THE MONITORING COMMITTEE FORTHWITH AND ETC. THIS WRIT PETITION COMING ON FOR ADMISSION THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING: ORDER

Sri Aditya Narayan, learned counsel for the petitioner.

Sri S.S.Mahendra, learned Additional Government Advocate for respondent Nos.1 and 2.

In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of the demand notices dated 22.07.2019 and 21.08.2019.

2.

Learned Additional Government Advocate submits that the aforesaid demand notices dated 22.07.2019 and 21.08.2019 culminated into passing of the order dated 10.08.2021 which has been assailed by the petitioner in W.P.No.17404/2021.

- 3 -

3.

Learned counsel for the petitioner fairly submits that in view of the aforesaid statement made by learned Additional Government Advocate, nothing survives for adjudication in this petition.

Accordingly, the same is disposed of.

In view of disposal of the petition, the pending interlocutory applications do not survive for consideration and are accordingly disposed of. Sd/- ACTING CHIEF JUSTICE Sd/- JUDGE bkv

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