High Court of Karnataka Dismisses Writ Petition as Infructuous in Service Matter Challenge to Circular on Judgment Writers. Petitioner's counsel submitted that the petition had become infructuous, leading to dismissal without merits.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The petitioner, Sri V. Krishna, a Judgment Writer at the High Court of Karnataka, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a circular dated 22.07.2009 (Annex-F) issued by the Registrar General of the High Court. The petitioner sought to set aside the circular, alleging it was contrary to the Rules, 2009. The respondents included the Registrar General, Registrar (Administration), and several other judgment writers. However, when the matter came up for hearing, the petitioner's counsel submitted that the writ petition had become infructuous and sought dismissal. The court accepted the submission and dismissed the petition as infructuous without any adjudication on the merits of the case. No costs were awarded.

Headnote

A) Constitutional Law - Writ Jurisdiction - Infructuous Petition - Petitioner challenged a circular but later submitted that the petition had become infructuous - Court dismissed the petition without examining merits - Held that when a petition becomes infructuous, it is liable to be dismissed (Paras 1-2).

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Issue of Consideration

Whether the impugned circular dated 22.07.2009 regarding judgment writers was valid

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Final Decision

Writ petition dismissed as having become infructuous

Law Points

  • Writ petition dismissed as infructuous
  • no adjudication on merits
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Case Details

2015 LawText (KAR) (02) 32

W.P NO.10131/2010(S-PRO)

2015-02-26

B.V.NAGARATHNA

SHRI. B B BAJENTRI (for petitioner), SHRI. NIRANJAN KUMAR (for R1 & R2), SHRI. T.S. MADHAVACHAR (for R7 & R12)

SRI V KRISHNA

THE REGISTAR GENERAL, HIGH COURT OF KARNATAKA, BANGALORE AND OTHERS

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Nature of Litigation

Service matter challenging a circular issued by the High Court regarding judgment writers

Remedy Sought

Petitioner sought to set aside the impugned circular dated 22.07.2009

Filing Reason

Petitioner alleged the circular was contrary to the Rules, 2009

Issues

Whether the writ petition had become infructuous

Submissions/Arguments

Petitioner's counsel submitted that the writ petition may be dismissed as having become infructuous

Ratio Decidendi

When a petitioner submits that the petition has become infructuous, the court may dismiss it without examining merits.

Judgment Excerpts

Petitioner’s counsel submits that the writ petition may be dismissed as having become infructuous. Writ petition is dismissed as having become infructuous.

Procedural History

Writ petition filed under Articles 226 and 227 of the Constitution of India challenging a circular dated 22.07.2009. On the date of hearing, petitioner's counsel sought dismissal as infructuous.

Acts & Sections

  • Constitution of India: Articles 226, 227
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High Court High Court of Karnataka Dismisses Writ Petition as Infructuous in Service Matter Challenge to Circular on Judgment Writers. Petitioner's counsel submitted that the petition had become infructuous, leading to dismissal without merits.
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