IN the HIGH COURT of KARNATAKA at BENGALURU DATED THIS the 10Th DAY of APRIL, 2015 BEFORE the HON'ble MR.JUSTICE S.ABDUL NAZE
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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10 th DAY OF APRIL, 2015 BEFORE THE HON’BLE MR.JUSTICE S.ABDUL NAZEER WRIT PETITION No.54470 OF 2014 C/W WRIT PETITION NOS.55998-999 OF 2014 AND WRIT PETITION NOS.56093-56094 OF 2014(GM-RES) IN WRIT PETITION No.54470 OF 2014 BETWEEN: 1. DISTRICT KAMBAL COMMITTEE UDUPI, SOUTH CANARA DISTRICT MANGALORE, D.K. DISTRICT REPRESENTED BY ITS PRESIDENT BHASKAR S KOTIYAN S/O LATE SUBBAIAH KOTIYAN AGED ABOUT 56 YEARS R/O KOLAKKE IRVATHUR KARKAL TALUK, UDUPI DISTRICT 576 101 2. ASHOKKUMAR RAI S/O LATE SANJEEVARAI AGED: 45 YEAS R/O RAI ESTATE KODIMBADEY POST PUTTUR TALUK, D.K. DISTRICT PRESIDENT VIJAYA VIKRAM KAMBAL, UPPINAGADY PUTTUR TALUK 575 004 … PETITIONERS 2 (BY SRI. S. RAJASHEKAR ADV.) AND 1 THE DEPUTY COMMISSIONER MANGALORE, D.K. DISTRICT 575 001 2 DEPUTY DIRECTOR OF ANIMAL WELFARE BOARD UDUPI DISTRICT, UDUPI 576 101 3 ANIMAL WELFARE BOARD OF INDIA, # 13/11, 111 SEAWARD ROAD VALMIKINAGAR, THIRUVANMAYUR CHENNAI-41 REP BY SOWMYA REDDY 4. UNION OF INDIA REP BY MINISTRY OF ENVIRONMENT & FOREST REP BY ITS SECRETARY SHASTHRI BHAVAN NEW DELHI … RESPONDENTS (BY SRI. C.K. NANDA KUMAR ADV., FOR R3, SRI. KRISHNA S DIXIT ASG FOR R4, SRI VENKATESH H. DODDERI, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 21.11.2014 PASSED BY THE R-1 AND THE ORDER DATED 14.11.2014 PASSED BY THE R-2 ANN-A & B. AND ETC., WRIT PETITION Nos.55998-999 OF 2014 BETWEEN: SMT. GIRIJA R SHETTY 3 D/O CHANDAMMA SHEDTHY AGED ABOUT 66 YEARS RESIDING AT CHORADY KAMBALAGADDE MANE CHORADY, 28, HALADY VILLAGE KUNDAPUR TALUK, UDUPI DISTRICT UDUPI 576 201 … PETITIONER (BY SRI. H. PAVANA CHANDRA SHETTY ADV.) AND 1 THE DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI-576 201 2 THE DEPUTY DIRECTOR OF ANIMAL WELFARE BOARD UDUPI DISTRICT, UDUPI 576 101 3 ANIMAL WELFARE BOARD OF INDIA, VALMIKINAGAR, THIRUVANNAMALAI CHENNAI-41 REP BY ITS CHAIRPERSON 4. UNION OF INDIA MINISTRY OF ENVIRONMENT & FOREST REPRESENTED BY ITS SECRETARY SHASTRI BHAVAN NEW DELHI-01 … RESPONDENTS (BY SRI. H.VENKATESH DODDERI AGA FOR R1 & R2 SRI. C.K. NANDA KUMAR ADV., FOR R3, SRI. KRISHNA S DIXIT ASG FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED ORDER DTD. 14.11.2014 PASSED BY R-2 VIDE ANNEX-A 4 IN WRIT PETITION Nos.56093-94 OF 2014 BETWEEN: 1. UDUPI ZILLA SAMPRADAYABADHA KAMBALA SAMITI O/A, CHERKADY DODDAMANE CHERKADY VILLAGE AND POST UDUPI TALUK & DISTRICT UDUPI, KARNATAKA 576 101 REPRESENTED BY ITS SECRETARY SRI. ASHOK KUMAR HEGDE (MADDA) S/O B. MAHABALA MAADA AGED ABOUT 56 YEARS 2. SRI. ASHOK KUMAR HEGDE (MAADA) S/O B. MAHABALA MAADA AGED ABOUT 56 YEARS R/O CHERKADY DODDAMANE CHERKADY VILLAGE AND POST UDUPI TALUK & DISTRICT UDUPI, KARNATAKA 576 101 … PETITIONERS (BY SRI. SHASHI KIRAN SHETTY SR.ADV., FOR SMT.FARAH FATHIMA ADV.,) AND 1 STATE OF KARNATAKA ANIMAL WELFARE BOARD OF INDIA CHIEF SECRETARY VIDHANA SOUDHA 2 THE DEPUTY DIRECTOR OF ANIMAL WELFARE BOARD UDUPI DISTRICT, UDUPI 576 101 3 ANIMAL WELFARE BOARD OF INDIA, MINISTRY OF ENVIRONMENT AND FOREST, 5 GOVERNMENT OF INDIA NO.13/1, THIRD SEWARD ROAD VALMIKINAGAR, THIRKUVANMIYUR CHENNAI-41 REP BY ITS CEO 4. UNION OF INDIA MINISTRY OF ENVIRONMENT & FOREST REPRESENTED BY ITS SECRETARY SHASTRI BHAVAN NEW DELHI-01 … RESPONDENTS (BY SRI. H.VENKATESH DODDERI AGA FOR R1 & R2 SRI. C.K. NANDA KUMAR ADV., FOR R3, SRI. KRISHNA S DIXIT ASG FOR R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OFFICER ORDER DATED 14.11.2014 ISSUED BY R-2 AS HIGHLY ARBITRARY ILLEGAL AND BAD IN LAW (ANNEX-A) AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING: O R D E R In all these writ petitions, the petitioners have challenged the order of the Deputy Commissioner whereby permission to hold Kambala between November 2014 till the end of March 2015 has been rejected. 2. This Court had granted an interim order of stay subject to certain conditions. Accordingly, the 6 Kambala has already been held by the Organizers. Therefore, these writ petitions do not survive for consideration. They are dismissed as having become infructuous. 3. In view of the dismissal of these writ petitions as above, I.A. No.1/2015 filed in W.P.No.54470/2014 does not survive for consideration. It is also accordingly dismissed. No costs. Sd/- JUDGE HR .