Mallikarjun S/O Horebasappa vs The Deputy Commissioner
2024 Latest Caselaw 4515 Kant

Karnataka High Court

Mallikarjun S/O Horebasappa vs The Deputy Commissioner on 14 February, 2024

Author: S G Pandit

Bench: S G Pandit

                                                        -1-
                                                                  NC: 2024:KHC-D:3447-DB
                                                                WA No. 100026 of 2024




                                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                   DATED THIS THE 14TH DAY OF FEBRUARY, 2024
                                                     PRESENT
                                       THE HON'BLE MR JUSTICE S G PANDIT
                                                       AND
                                      THE HON'BLE MR JUSTICE K V ARAVIND
                                      WRIT APPEAL NO. 100026 OF 2024 (LB-RES)
                           BETWEEN:
                           MALLIKARJUN S/O HOREBASAPPA SHIVALINGAPPANAVAR,
                           AGE 49 YEARS, OCC. BUSINESS,
                           C/O SOMASHEKHAR KOTUR,
                           RAVIVARPETH, DHARWAD-580001
                           R/O LIG 181 , MAHANTESH NAGAR, BELGAUM.
                                                                        ...APPELLANT
                           (BY SRI. PRUTHVIRAJ P HITTALAMANI, ADVOCATE)
                           AND:
                           1.   THE DEPUTY COMMISSIONER,
                                DHARWAD DISTRICT, DHARWAD-580007.
                           2.   THE COMMISSIONER,
                                HUBLI DHARWAD MUNICIPAL CORPORATION,
                                DHARWAD-580007.

                           3.   ASSISTANT COMMISSIONER,
                                HUBLI-DHARWAD MUNICIPAL CORPORATION,
                                ZONAL NO. 2, MEVINAPETHE, DHARWAD-580007.
           Digitally
           signed by K M

                           4.   SHRI KIRAN S/O ISHWAR KOTUR
           SOMASHEKAR
KM
SOMASHEKAR Date:
           2024.02.15
           10:35:17
           +0530

                                AGE. 54 YEARS, OCC. BUSINESS,
                                R/O SARASWATPUR, DHARWAD-580001.
                           5.   SHRI ARUN S/O ISHWAR KOTUR
                                AGE. 51 YEARS, OCC. BUSINESS
                                R/O GANDHINAGAR 4TH MAIN,
                                4TH CROSS, DHARWAD-580001.
                                                                           ...RESPONDENTS
                           (BY SMT. KIRTILATA R. PATIL, HCGP FOR R1,
                           SRI. G.I. GACHCHINMATH, ADVOCATE FOR R2 & R3,
                           SRI. B.V. SOMAPUR, ADVOCATE FOR R4 & R5)

                                THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
                           COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO,A. CALL FOR
                           RECORDS AND SET ASIDE THE JUDGMENT AND ORDER DTD.
                                      -2-
                                                  NC: 2024:KHC-D:3447-DB
                                               WA No. 100026 of 2024




28.08.2023 IN WRIT PETITION NO.103218 OF 2022, PASSED BY THE
LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION BY
ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE.

      THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS
DAY, S G PANDIT, J., PASSED THE FOLLOWING:
                                  ORDER

Memo dated 14.02.2024 is filed seeking leave to withdraw the appeal. The said memo reads as under:

The appellant is challenging order dated 28.08.2023 passed in WP No.103218/2022, wherein learned Single Judge has passed order, directing respondent no.2 to initiate actions under Section 321 of KMC Act. Acting on the said directions, respondent No.2 has issued provisional order under Section 321(1) of KMC Act and show cause notice is also issued under Section 321(2) of KMC Act on 23.01.2024. Therefore, in view of issuance of said notice, appellant seeks to withdraw this appeal, seeking liberty to raise all the contentions before the respondent No.2 by filing his reply to the show-cause notice.

Wherefore, reserving liberty, the appellant may kindly be permitted to withdraw the present appeal, in the interest of justice and equity.

In view of the above memo, appeal stands dismissed as withdrawn reserving liberty to raise all contentions before the Authority.

Pending applications, if any, do not survive for consideration and they are disposed off accordingly.

Sd/-

JUDGE

Sd/-

JUDGE JTR