C VENKATIAH Vs. STATE OF MYSORE
LAWS(KAR)-1970-11-3
HIGH COURT OF KARNATAKA
Decided on November 11,1970

C.VENKATIAH Appellant
VERSUS
STATE OF MYSORE Respondents


Cited Judgements :-

STATE OF KARNATAKA VS. B KRISHNA BHAT [LAWS(KAR)-2000-3-9] [REFERRED TO]


JUDGEMENT

NARAYANA PAI, C.J. - (1.)These are unnecessary interlocutory applications which would not have been filed but for the fact that there is some apprehension in the mind of Mr. Javali's clients that an order of dismissal made by this Court in the said two writ petitions as withdrawn is likely to be interpreted to their prejudice.
(2.)The question involved in the writ petitions was one of a right to promotion on the basis of certain rules or amendment to the rules. A certain order was made in favour of the petitioners. Thereupon, two persons filed writ petitions for recalling the previous order on the ground that the same has been made in their absence inspite of the fact that they were vitally interested in the question of promotion debated in the writ petitions. Their contention was accepted by this Court. The previous orders were recalled and the writ petitions revived for fresh hearing after impleading new parties. While doing so, the Court made an observation which is clarificatory in nature reading:
"Until these two writ petitions are disposed of afresh as above stated we direct the promotions of these petitioners in these two writ petitions which have now since been made will not be disturbed."

(3.)Subsequently, the petitioners in WP. Nos. 18 and 19 of 1967 filed a memo for withdrawing the same, whereupon the Court made the following order:
"Petitioners' Counsel files a memo that he withdraws the writ petitions in view of a direction issued by the Government to the effect that promotions will be made without reference to the impugned rules. The writ petitions are dismissed as withdrawn."



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