Sree Mahveera Integrated vs Karnataka Housing Board
2022 Latest Caselaw 4032 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF MARCH 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

               W.A. No.730 OF 2021 (GM-RES)
                            IN
              W.P. No.12562 OF 2020 (GM-RES)

BETWEEN:

SREE MAHVEERA INTEGRATED
RURAL DEVELOPMENT SOCIETY (R)
NO. 3178, 11TH CROSS
VINABHA NAGAR, P.H. COLONY
TUMKUR CITY-572 101
BY ITS SECRETARY
T.S. SOMASHEKAR
S/O LATE A.R. SHIVARAMAIAH
AGED ABOUT 51 YEARS.
                                             ... APPELLANT
(BY MR. LOURDU MARIYAPPA A, ADV.,)

AND:

1.    KARNATAKA HOUSING BOARD
      CAUVERY BHAVAN IV FLOOR
      K.G. ROAD, BENGALURU-560 009
      REPRESENTED BY ITS COMMISSIONER.

2.    THE COMMISSIONER
      TUMKUR MAHANAGARA PALIKE
      TOWN HALL CIRCLE, TUMKUR-572 101.

                                          ... RESPONDENTS
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     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THE WRIT APPEAL
SET ASIDE THE ORDER PASSED BY THE HONBLE LEARNED SINGLE
JUDGE ORDER DATED 04.06.2021 IN WP No-12562/2020 (GM-
RES)

      THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                          JUDGMENT

In this intra court appeal has been filed against the

order dated 04.06.2021 passed by learned Single Judge, by

which writ petition preferred by the appellant has been

dismissed on the ground that a similar writ petition was filed

by the appellant viz., W.P.No.48337/2018, which was

disposed of by an order dated 03.04.2019.

2. At the outset, learned counsel for the appellant fairly

submits that the second writ petition seeking the same relief

was not maintainable. However, it was pointed out that the

petitioner has disclosed the factum of filing of the first writ

petition in the subsequent writ petition. He therefore, seeks

leave of this court to withdraw the writ petition.

3. In the fact situation of the case and in view of the

fact that the appellant had disclosed the factum of filing of

the first writ petition, we permit the petitioner to withdraw

W.P.No.12562/2020. Accordingly, the order passed by

learned Single Judge is set aside.

In the result, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS