SMT.MAMATA C MESTRI W/O PRAVEENKUMAR vs. THE REGISTRAR KALABURAGI AND ORS

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WP/205465/2016HC KarnatakaKAHC03003649201623 November 20163 pages
AI SummaryDismissed

What did the High Court hold?

The Court noted that the petitioner had not made a representation to the respondent regarding the appeal's inaction. The petitioner's counsel sought to withdraw the petition to allow the petitioner to submit a representation for early disposal of her appeal.

What were the facts?

The petitioner sought a writ of mandamus directing the Registrar of Kalaburagi University to consider a legal notice regarding an appeal. The petitioner had not made a prior representation to the respondent regarding the appeal's inaction.

What were the issues?

Whether a writ of mandamus can be issued when no prior representation has been made to the concerned authority. The procedural requirement of exhausting alternative remedies before approaching the court.

Which sections of the Income-tax Act were involved?

Section 227

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 23RD DAY OF NOVEMBER, 2016 B E F O R E THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.205465/2016 (S-RES) BETWEEN: SMT.MAMATA C MESTRI W/O PRAVEENKUMAR AGED ABOUT 39 YEARS, OCC: ASSISTANT LIBRARIAN (S.G) KALABURAGI UNIVERSITY KALABURAGI, R/O AT NO.41, VISHVESHWARAIAH NAGAR, "DHANESHWARI NILAYA OPP: INCOME TAX OFFICE SEDAM ROAD, KALABURAGI. …PETITIONER (BY SRI I.R. BIRADAR, ADV.) AND: 1. THE REGISTRAR KALABURAGI UNIVERSITY KALABURAGI-585106 2. THE SYNDICATE OF KALABURAGI UNIVERSITY, KALABURAI-585106, BY ITS CHAIRMAN & VICE-CHANCELLOR 3. DR.SURESH SHIVARAJ JANGE, AGE:MAJOR, OCC:DEPUTY LABRARIAN KALABURAGI UNIVERSITY

2 KALABURAGI-585106. 4. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, VIDHANA SOUDHA, BANGALORE-1 … RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 1ST RESPONDENT TO CONSIDER THE LEGAL NOTICE DATED 17.08.2016 PRODUCED AT ANNEXURE 'J' AND TO TAKE SUITABLE DECISION IN ACCORDANCE WITHLAW AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER As the petitioner has not made any representation to respondent no.1, with regard to inaction in the matter of consideration of the appeal, relief having been sought with reference to a legal notice got issued vide Annexure-J, the same being not tenable, learned advocate for the petitioner seeks permission to withdraw the writ petition and enable the petitioner to submit a representation to

3 respondent no.1 in the matter of early disposal of the appeal filed by her on 25.4.2016. Submission made by learned counsel is recorded and writ petition is disposed of. It is open to the petitioner to approach the appellate authority for early disposal of her case. Sd/- JUDGE SGS

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