Citation : 2024 Latest Caselaw 25951 Kant
Judgement Date : 23 October, 2024
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WP No. 13503 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 13503 OF 2024 (GM-RES)
BETWEEN:
1. BANGALORE TURF CLUB LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERDED OFFICE AT
P.O.BOX NO.5038, RACE COURSE ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS CEO AND SECRETARY,
SRI KIRAN M K
...PETITIONER
(BY SRI ARIHANTH R. SUNGAY, ADVOCATE FOR
SMT. SUMANA NAGANAND, ADVOCATE)
Digitally
signed by AND:
PRABHAKAR
SWETHA
KRISHNAN 1. STATE OF KARNATAKA
Location: FINANCE DEPARTMENT,
High Court VIDHANA SOUDHA,
of Karnataka DR. AMBEDKAR VEEDHI,
BENGALURU - 560001
REPRESENTED BY ITS FINANCE SECRETARY.
2. STATE OF KARNATAKA
HOME DEPARTMENT,
VIDHANA SOUDHA,
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WP No. 13503 of 2024
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REPRESENTED BY ITS PRINCIPAL SECRETARY.
3. ADDITIONAL CHIEF SECRETARY,
FINANCE DEPARTMENT,
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI
BENGALURU - 560001.
4. ADDITIONAL CHIEF SECRETARY,
HOME DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560001.
...RESPONDENTS
(BY SRI SHASHI KIRAN SHETTY, ADVOCATE GENERAL
ALONG WITH SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 PRAYING TO DIRECTING THE RESPONDENTS TO
ACT UPON THE PETITIONER'S APPLICATIONS DATED 21.3.24
(ANNEXURES-AE,AE1,AF,AF1,AG,AG1 AND AH,AH1) AND
DATED 18.04.24 (ANNEXURES- AM,AM1,AN,AN1,AP,AP1,AP2,
AQ,AQ1) DTD 02.05.24 (ANNEXURES -AU,AU1,AU2,AV,AV1,AW,
AW1,AX,AX1,AY,AY1,AZ,AZ1 AND BA, BA1)UNDER THE
PROVISIONS OF THE MYSORE RACE COURSES LICENSING
ACT, 1952 AND THE RULES FRAMED THEREUNDER AND
ISSUE LICENSE FOR BETTING ON HORSE RACING HELD ON
COURSE AND OFF COURSE FORTHWITH FOR THE MONTHS
OF MAY, JUNE, JULY, AUGUST 2024 AND SUBSEQUENT
MONTHS AS PER THE PROPOSED ALL INDIA RACING
FIXTURES FOR THE FINANCIAL YEAR 2024-25 (ANNEXURE-
AC) AND FOR ALL FUTURE ON COURSE AND OFF COURSE
RACE MEETINGS AND ETC.
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WP No. 13503 of 2024
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate for the petitioner has filed the memo dated
29.07.2024 seeking withdrawal of the petition.
2. Memo reads as under,
"1. The Petitioner had filed the present Writ Petition seeking, inter alia, a Writ of Mandamus to direct the Respondents to act upon the Petitioner's applications under the provisions of the Mysore Race Courses Licensing Act, 1952 and the rules framed thereunder and issue licence for betting on horse racing held on-course and off-course forthwith for the months of May, June, July, August 2024 and subsequent months as per the proposed all India racing fixtures for the Financial Year 2024-25 and for all future on course and off course race meetings.
2. It is submitted that during the pendency of the present Writ Petition, the Respondents have issued licenses to the Petitioner for conducting horse racing and betting on horse racing for both on-course and off-course races. A copy of the Licence bearing No. HD 320 SST 2024 dated 12.07.2024 (FORM II) issued by the Home Department, Government of Karnataka for conducting Horse racing and the licence bearing No. FD 08 CRC 2022 dated 12.07.2024 (FORM III) issued by the Finance Department, Government of Karnataka for conducting on-course betting are
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collectively produced herein as Document No. 1. It is submitted that the Respondents have also issued subsequent licenses for conducting horse racing and betting on both on-course and off- course racing.
3. In view of the subsequent developments which have taken place during the pendency of this Petition, the Petitioner is desirous of withdrawing the present Petition by leaving all contentions open and reserving liberty to file a fresh Petition if need arises."
3. In view of the memo, the petition is dismissed as withdrawn.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE
Sd/-
(K. V. ARAVIND) JUDGE
KPS
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