Sri R Rajashekar vs The Assistant Commissioner
2022 Latest Caselaw 5125 Kant

                           -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF MARCH, 2022

                        PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

         WRIT APPEAL NO. 264 OF 2022 (GM-PP)

BETWEEN:
SRI R. RAJASHEKAR
AGED ABOUT 61 YEARS
S/O LATE H.S. RUDRAPPA
CARRYING ON BUSINESS IN THE NAME AND
STYLE OF VEERESH TEA TRADERS
SHOP NO.09
SRI KAREKAL ANJANEYA SWAMY
TEMPLE PREMISES,
MYSORE ROAD,
BENGALURU - 560 018.
                                             ... APPELLANT
(BY SRI RAMESHCHANDRA, ADVOCATE)


AND:

1.     THE ASSISTANT COMMISSIONER
       MUZARAI WORKS, CITY DIVISION
       PODIUM BLOCK, VISWESWARAYA TOWERS,
       DR. AMBEDKAR VEEDHI
       BANGALORE - 560 001.

2.     THE AUTHORISED OFFICER AND
       COMMISSIONER OF ENDOWMENT'S
       2ND FLOOR, MALAI MAHADESWARA BAVANA
       A.V. ROAD,
       CHAMARAJAPET
       BANGALORE - 560 018

                                           ... RESPONDENTS
(BY SRI VIJAY KUMAR A. PATIL, AGA FOR R-1 AND R-2)
                           ---
                              -2-


      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE ORDER DIRECTING TO DEPOSIT THE
AMOUNT AS ORDERED IN W.P.NO.985/2022 OF THE LEARNED
SINGLE JUDGE IN W.P.NO.1300/2022 (GM-PP) DATED
02/02/2022 AND MODIFY THE ORDER DATED 02/02/2022
REMOVING THE DEPOSIT OF ALLEGED AMOUNT AS PER ORDER
PASSED IN W.P.NO.985/2022 AND ETC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF
JUSTICE DELIVERED THE FOLLOWING:

                          JUDGMENT

Heard.

2. This intra-Court appeal has been filed

challenging the order dated 02.02.2022 passed in Writ

Petition No.1300/2022 whereby, in the writ petition

preferred by the appellant, conditional interim order has

been passed by the learned Single Judge.

3. After arguing the matter at some length,

learned counsel for the appellant makes a statement at the

Bar that he may be permitted to withdraw this writ appeal

with liberty to move appropriate application for modification

of the order under challenge.

4. The writ appeal is accordingly disposed of with

liberty to the appellant to move appropriate application as

prayed.

5. The pending interlocutory application does not

survive for consideration and is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS