Administrative disposal and transfer under Articles 226/227 upheld; no prejudice to substantive hearing
Summary
| Category | Data |
|---|---|
| Case Name | WP/32902/2024 of MUNIRAJA B M Vs STATE OF KARNATAKA |
| CNR | KAHC010694312024 |
| Date of Registration | 04-12-2024 |
| Decision Date | 12-12-2024 |
| Disposal Nature | DISPOSED |
| Judgment Author | HEMANT CHANDANGOUDAR |
| Court | High Court of Karnataka |
| Bench | Single Judge Bench |
| Type of Law | Constitutional (Articles 226 & 227) |
| Citations | NC: 2024:KHC:51404 |
What’s New / What Lawyers Should Note
- The High Court may direct the registry to transfer pending writ petitions to another bench in accordance with its roster.
- Writ petitions can be administratively disposed of for statistical purposes without affecting the right to a substantive hearing.
- Matters disposed for statistics are simply listed for hearing before the designated bench on a fixed date.
Summary of Legal Reasoning
- The registry was instructed to transfer WP No. 32902/2024 to the Dharwad Bench per the court’s roster.
- The petition was disposed “for statistical purposes,” deferring all substantive issues.
- The petition is listed before the Dharwad Bench on 20.12.2024 for regular hearing.
Factual Background
The petitioner moved this Court under Articles 226 and 227 seeking 90-day general parole for his brother, incarcerated in Central Prison Belagavi, to oversee urgent repair work on their dilapidated house. At the preliminary stage, the Court ordered the file’s transfer to the Dharwad Bench and disposed of the petition for statistical purposes, listing it for hearing on 20.12.2024.
Statutory Analysis
The order was passed under Articles 226 and 227 of the Constitution of India; no further statutory interpretation or precedent analysis was undertaken.
Citations
- NC: 2024:KHC:51404, WP No. 32902 of 2024