IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.1426/2019 (LB-ELE) BETWEEN:
A.PILLAPPA S/O LATE ACHAPPA AGED ABOUT 53 YEARS NO.5337, SRIRANGA NILAYA THIMSHETTAPPA LAYOUT NELAMANGALA 562123 EX-PRESIDENT NELAMANGALA TOWN MUNICIPAL COUNCIL ... APPELLANT (BY SHRI. OMKAR KAMBI, ADVOCATE OF M/S. NAIK & NAIK - LAW FIRM) AND:
1. KARNATAKA STATE ELECTION COMMISSION REPRESENTED BY ITS SECRETARY # 8, 1ST FLOOR, BEHIND KARNATAKA STATE CO-OPERATIVE MARKETING FEDERATION BLDG., CUNNINGHAM ROAD, BENGALURU-560 052 2. KARNATAKA STATE ELECTION COMMISSION BY ITS UNDER SECRETARY # 8, 1ST FLOOR, BEHIND KARNATAKA STATE CO-OPERATIVE, MARKETING FEDERATION BLDG., CUNNINGHAM ROAD, BENGALURU-560 052 3. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BENGALURU-560 001 4. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PANCHAYAT RAJ & RURAL DEVELOPMENT M.S.BUILDING, DR.AMBEDKAR ROAD BENGALURU-560 001 5. NELAMANGALA TOWN MUNICIPAL COUNCIL REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NELAMANGALA-562 123 BENGALURU RURAL DISTRICT 6. NELAMANGALA TALUK PANCHAYAT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NELAMANGALA BENGALURU RURAL DISTRICT 7. THE DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION GOVERNMENT OF KARNATAKA 9TH FLOOR, VISHWESWARAIAH TOWER DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 8. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU ... RESPONDENTS (BY SHRI. S.H. PRASHANTH, AGA FOR RESPONDENT NOS.3, 4, 5, 6, 7 & 8) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 13/05/2019 PASSED IN WP NO.21257/2019, BY THE LEARNED SINGLE JUDGE AND FURTHER BE PLEASED TO ALLOW THE WRIT PETITION FILED BY THE APPELLANT HEREIN.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT Learned Counsel appearing for the appellant states that election of the concerned Town Municipal Council is scheduled to be held tomorrow, i.e., 1st June 2019. Therefore, he seeks permission to withdraw the appeal with liberty to urge the legal contentions raised by him in the appropriate proceedings. He accordingly tenders a memo dated 31st May 2019 for withdrawal of the appeal.
2. Accordingly, the appeal is disposed of as withdrawn with liberty to the appellant to urge his legal contentions in the appropriate proceedings in accordance with law.
3. Pending applications do not survive for consideration and they are also disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.