Sri Ashok S/O Shivaputrappa Itagi vs Government Of Karnataka
2023 Latest Caselaw 5073 Kant

                                                  -1-
                                                          NC: 2023:KHC-D:7943-DB
                                                           WA No. 100278 of 2023




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                               DATED THIS THE 31ST DAY OF JULY, 2023
                                             PRESENT
                          THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                                                  AND
                              THE HON'BLE MR JUSTICE G BASAVARAJA


                                  WRIT APPEAL NO. 100278 OF 2023
                   BETWEEN:

                   SRI. ASHOK S/O. SHIVAPUTRAPPA ITAGI,
                   AGE: 66 YEARS, OCC: BUSINESS,
                   R/O: NICHANAKI, TQ: KITTUR,
                   DIST: BELAGAVI-591115.
                                                                   ...APPELLANT
                   (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE)


                   AND:

                   1.    GOVERNMENT OF KARNATAKA,
                         REP. BY ITS PRINCIPAL SECRETARY,
                         DEPARTMENT OF FOOD, CIVIL SUPPLIES,
                         CONSUMER AFFAIRS & LEGAL METROLOGY,
                         M.S.BUILDING, BANGALURU-01.
Digitally signed
by JAGADISH T R    2.    THE JOINT DIRECTOR,
Location: HIGH
COURT OF
KARNATAKA
                         DEPARTMENT OF FOOD, CIVIL SUPPLIES
Date: 2023.08.03
15:19:51 +0530
                         & CONSUMER AFFAIRS, BELAGAVI,
                         DIST: BELAGAVI-590001.

                   3.    THE DEPUTY DIRECTOR,
                         DEPARTMENT OF FOOD, CIVIL SUPPLIES,
                         BELAGAVI, DIST: BELAGAVI-590001.

                   4.    THE TAHASILDAR,
                         KITTUR, TAL: KITTUR,
                         DIST: BELAGAVI-591119.

                                                                ...RESPONDENTS
                   (BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE)
                              -2-
                                     NC: 2023:KHC-D:7943-DB
                                      WA No. 100278 of 2023




     THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE
THE IMPUGNED ORDER DATED 29/03/2023 PASSED BY LEARNED
SINGLE JUDGE IN WRIT PETITION NO.101622/2023 AND ALLOW
THE WRIT APPEAL, IN THE INTEREST OF JUSTICE.


     THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:



                       JUDGMENT

After arguing the matter for some time, learned

counsel for the appellant seeks permission to withdraw

the appeal reserving liberty in favour of the appellant to

take recourse to such remedies as available in law

including filing of a fresh petition at a subsequent point

in time. Submission is placed on record.

2. Petition is disposed of reserving liberty in

favour of the appellant-petitioner to take recourse to

such remedies including filing of a fresh petition as

available in law. All rival contentions between the

appellant-petitioner and impleading respondent No.5 are

NC: 2023:KHC-D:7943-DB WA No. 100278 of 2023

kept open, and no opinion is expressed on the merits of

the case.

Pending interlocutory applications do not survive

for consideration and are dismissed accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

KMS