IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.48359/2018 (EXCISE) BETWEEN:
SHRI.B.PUTTASWAMY, S/O K.G.BETTEGOWDA AGED ABOUT 61 YEARS CL-2 LICENSEE R/AT NO.14, 13TH CROSS, 5TH MAIN V BLOCK, JAYANAGAR, BANGALORE-560 041. ... PETITIONER (BY SRI. ADITYA SONDHI, SR.ADV. FOR SRI. B.N.SHETTY, ADV.) AND:
1. THE COMMISSIONER OF EXCISE O/O COMMISSIONER OF EXCISE 2ND FLOOR, TTMC ‘A’ BLOCK BMTC COMPLEX, SHANTHI NAGAR, BANGALORE-560 027.
2. THE DY COMMISSIONER (EXCISE) O/O DY.COMMISSIONER OF EXCISE, BANGALORE SOUTH URBAN DIST., BANGALORE-560 002. ... RESPONDENTS (BY SMT. PRATHIMA.M.S, AGA FOR R1 & R2, SMT. HEMAVATHI.A.T, ADV. FOR SRI. B.V.NIDHISHREE, ADV. FOR PROPOSED RESPONDENTS R3-R5, R7-R10.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29.9.2018 ISSUED BY R-2 AT ANNEX-A IS ILLEGAL AND UNENFORCEABLE IN LAW.
THIS WRIT PETITION COMING ON FOR ‘FURTHER HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri.Aditya Sondhi, learned Senior counsel for the petitioner and learned HCGP.
2. Memo dated 14.01.2019 is filed into the Court by the learned counsel for the respondents.
3. In the memo, it is stated that the writ petition has been rendered infructuous on account of the fact that the appeal No.ECS 125 APP 2018 has been disposed of by respondent No.1 vide order dated 08.01.2019 by setting aside the order of respondent No.2 and remanding the matter for consideration afresh by respondent No.2 after affording an opportunity to the petitioner. Copy of the order passed by the Appellate Authority is also enclosed. Memo is taken on record.
4. In view of the subsequent development, the writ petition stands disposed of as having been rendered infructuous.
In view of disposal of the main petition, I.A.No.2/2018 for impleading does not survive for consideration and hence, the same is disposed of.
Sd/- JUDGE VM CT:HR