Case Note & Summary
The petitioners, Sri Ramaiah and others, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Special Land Acquisition Officer, KIADB, to hold an inquiry regarding the disbursement of compensation of Rs. 1,24,00,000 in respect of Sy.No.40/P14 measuring 4 acres of Bandikodigehalli Village, Jala Hobli, Bangalore North Taluk. The petition was filed against the State of Karnataka, the Special Land Acquisition Officer, and private respondents. On the date of hearing, the learned counsel for the petitioners, Sri P.S. Jamadagni, submitted that he had no instructions in the matter and that the papers had been returned to the petitioners. Since there was no representation on behalf of the petitioners, the High Court dismissed the writ petition for non-prosecution. The court did not adjudicate on the merits of the case.
Headnote
A) Civil Procedure - Dismissal for Non-Prosecution - Lack of Representation - Where counsel states no instructions and petitioners are absent, the petition is liable to be dismissed for non-prosecution (Para 1).
Issue of Consideration
Whether the writ petition should be dismissed for non-prosecution when the petitioners' counsel has no instructions and the petitioners are absent.
Final Decision
Writ petition dismissed for non-prosecution due to lack of representation.
Law Points
- Dismissal for non-prosecution
- lack of representation
- no instructions
Case Details
2015 LawText (KAR) (08) 27
Writ Petition No.13934 of 2008 (LA-KIADB)
Sri. Jamadagni P.S, Sri. M.B.Chandra Chooda, Sri. H.B. Mahesh, Sri. Basavaraj V. Sabarad
Sri Ramaiah, Sri Thimmarayappa, Sri V Nagaraj, Sri Anjanappa
The State of Karnataka, The Special Land Acquisition Officer KIADB, Sri Anjanappa, Sri Srinivasa Murthy
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to hold inquiry regarding disbursement of compensation.
Remedy Sought
Petitioners sought a direction to the Special Land Acquisition Officer, KIADB, to hold an inquiry regarding disbursement of compensation of Rs. 1,24,00,000 in respect of Sy.No.40/P14 measuring 4 acres.
Filing Reason
Petitioners alleged improper disbursement of compensation for acquired land.
Issues
Whether the writ petition should be dismissed for non-prosecution when the petitioners' counsel has no instructions and the petitioners are absent.
Submissions/Arguments
Counsel for petitioners submitted that he has no instructions and papers have been returned to petitioners.
Ratio Decidendi
When counsel states no instructions and petitioners are absent, the petition is liable to be dismissed for non-prosecution.
Judgment Excerpts
Sri P.S.Jamadagni, learned counsel submits that he has no instructions in this matter and that the papers have been returned to the petitioners.
Since there is no representation, petition dismissed.
Procedural History
Writ petition filed in 2008; on the date of hearing, counsel stated no instructions; petition dismissed for non-prosecution.
Acts & Sections
- Constitution of India: Articles 226, 227
