The Divisional Controller vs Siddappa S/O Kallappa Biradar
2022 Latest Caselaw 11383 Kant

           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 16TH DAY OF AUGUST 2022

                             PRESENT

THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY

                              AND

       THE HON'BLE MR. JUSTICE C.M. POONACHA

       WRIT APPEAL No.200042/2020 (L-KSRTC)

BETWEEN:

The Divisional Controller
NEKRTC, Bijapur Division
Bijapur
                                                       ... Appellant
(By Sri Deepak V. Barad, Advocate)

AND:

Siddappa S/o Kallappa Biradar
Age: about 45 years
Occ: Junior Assistant
R/o Budihal, Post: Kondagull
Tq. Sindhagi, Dist. Vijayapur

                                                   ... Respondent

(By Sri Sathish Kumar D. Gadkar and Sri Ravi B. Patil,
Advocates for C/R)


       This Writ Appeal is filed under Section 4 of the Karnataka
High Courts Act, 1961, praying to set aside the order dated
05.11.2019     passed   by    the   learned   Single    Judge     in
                                                   W.A.No.200042/2020
                                 2




W.P.No.101538/2013, further to allow the writ petition as
prayed for therein.


      This    appeal   coming        on    for     orders,     through
physical       hearing/video         conference        this       day,
Dr.H.B.Prabhakara Sastry J., made the following:


                               ORDER

Called again.

Learned counsel for the appellant is physically

present and files a memo seeking withdrawal of this writ

appeal, but reserving liberty to him to challenge the

impugned order before the Hon'ble Apex Court.

2. Both in the memo as well in the submission made

by both side, it is submitted that the impugned order

cannot be challenged before this Court in the writ appeal in

view of the judgment of the Constitutional Bench of this

Court in the case of Tammanna and others vs. Miss

Renuka and others reported in ILR 2009 KAR 1207.

3. In view of the above, the writ appeal stands

disposed of as withdrawn, however, with a liberty to the W.A.No.200042/2020

appellant to challenge the impugned order before the

appropriate Court, if so advised and in accordance with

law.

In view of disposal of the appeal, pending

interlocutory applications, if any, do not survive for

consideration.

Sd/-

JUDGE

Sd/-

JUDGE

swk