Smt D Mitra @ Mitra Durairaj vs Assistant Commissioner
2022 Latest Caselaw 12986 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 14TH DAY OF NOVEMBER 2022

                      PRESENT

THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE

                        AND

       THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

     WRIT APPEAL NO.1111 OF 2022 (KLR-RES)

BETWEEN:

SMT. D MITRA @ MITRA DURAIRAJ
W/O N. DURAIRAJ
D/O LATE SRI. T.R. BALASUBRAMANI
AGED ABOUT 53 YEARS
R/O D NO. 137, MURUGAN NILAYAM
COLLEGE ROAD, TIRUPUR,
TAMILNADU 640602.

REP. BY HER POWER OF ATTORNEY HOLDER
HER SON PREITHVI RAJ DURAIRAJ
S/O N DURAIRAJ
AGED 30 YEARS
PRESENTLY R/AT NO. 25/1,
RENAISSANCE TEMPLE BELLS APARTMENT
D-304, YESHWANTHPUR
BANGALORE 560 022.
                                       ...APPELLANT

(BY SRI. S.P. SHANKAR, SR. ADVOCATE FOR
    SMT. MAMATH GURURAO KULKARNI, ADVOCATE)

AND:

1 . ASSISTANT COMMISSIONER
    DODDABALLAPUR SUB DIVISION
                             -2-



   DODDABALLAPUR 561203

2 . BYREGOWDA
    S/O LATE PILLAPPA
    R/O SANAPPANAHALLI VILLAGE
    KUNDANA HOBLI
    DEVANAHALLI TALUK
    BANGALORE 561205.
                                        ....RESPONDENTS
(BY SRI. RAJASHEKARA S. AGA)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 07/11/2022 IN
W.P.NO.51491/2019 AND BE FURTHER PLEASED TO
QUASH THE ORDER IMPUGNED NAMELY THE ORDER
DATED 30/01/2019 R.A. (D) 377/2018 ON THE FILE OF
SUB DIVISIONAL OFFICER (ASSISTANT COMMISSIONER)

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


                     JUDGMENT

Heard learned senior counsel for the appellants.

2. The learned Senior Counsel for the

appellants, Sri S.P.Shankar, after arguing for some

time, pray for withdrawal of this appeal with liberty to

take an appropriate proceeding for recall of the order

dated 7.11.2022 passed by the learned Single Judge

of this Court in W.P.No.51491/2019.

3. Learned senior counsel for the appellants

invited our attention to certain factual aspects, which

were said to have been placed before the learned

Single Judge and the reference to those facts,

unfortunately, have been misplaced in the order.

Hence, the learned senior counsel for the appellants

submits that as the appellants may have to take

appropriate proceeding for certain error apparent on

the face on record, they be permitted to withdraw the

appeal and grant liberty to approach the learned

Single Judge for recall/review of the order dated

7.11.2022.

Accordingly, the appeal is disposed of as

withdrawn with the liberty as prayed for.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE rs