IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.22761/2017 (LB-RES) AND WRIT PETITION No.22889/2017 Between:
1. Smt. Latha S. Rao, W/o Late R.K. Srinivasa Rao, Aged about 50 years, C/o Hotel Srinivasa, B.M. Road, Sakaleshpura Taluk, Hassan District – 573 134.
2. Sri Thimmappa Rai, S/o Dasappa Rai, Aged about 63 years, Hotel Samrat, Opposite Old Bus Stand, B.M. Road, Sakaleshpura Taluk, Hassan District – 573 134. … Petitioners (By Sri Ajith Anand Shetty, Advocate) And:
1. The Deputy Commissioner, Hassan District, Hassan – 573 134.
2. The Assistant Commissioner, Sakaleshpura Sub-Division, Sakaleshpura, Hassan – 573 134.
3. Town Municipal Council, Sakalshpura, Hassan – 573 134 By its Chief Executive Officer.
4. Assistant Executive Engineer, Public Works Department, Sakaleshpur Sub-Division, Sakaleshpura Taluk, Hassan District – 573 134. … Respondents (By Sri M.A. Subramani, HCGP for R1, R2 & R4; Smt. Rakshitha D.J., Advocate for R3) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to set aside the impugned order dated 21.03.2017 passed in proceeding by the R-1 authority as per Annexure-P and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The learned counsel for petitioners makes a submission that he intends to withdraw the petition. An affidavit is filed to that effect which reads as under:
“I, Smt. Latha S. Rao, W/o Late R.K. Srinivas Rao, Aged about 50 years, c/o Hotel Srinivasa, B.M.Road, Sakaleshpura Taluk, Hassan District, now here at Bangalore, do hereby solemnly affirm and state on oath as hereunder:
I state and submit that I am petitioner no.1 herein and I am conversant with the facts and circumstances of the present case. The 2nd petitioner has not subscribed to this affidavit. Hence, this affidavit.
I state and submit that subject to subsistence of the resolution dated 19th December, 2012 passed by the 4th respondent authority, I have decided to withdraw the present writ petition and have agreed to pay the rentals and other charges determined by the said authority to continue the lease hold arrangement. I state and submit that in light compelling circumstances, we are unable to arrange the funds immediately and I would therefore pray that this Hon’ble Court be pleased to grant us a time period of six (6) weeks to enable us to pay the arrears in rentals and security deposit within such period of time.
I state and submit that subject to the foregoing prayer, I hereby withdraw the present writ petition.
2. The learned counsel appearing for respondent no.3 submits that there is rental arrears payable to the respondent no.3 by the petitioners. Hence, subject to appropriate condition, the petition may be permitted to be withdrawn.
3. In the light of submission made and affidavit filed, the petition is dismissed. However, the undertaking of the petitioner No.1 to pay the rent due and other charges as may be determined by the authority for continuation of lease by the Authority is taken note of. Further, it is made clear that in the event the petitioners fail to adhere to the undertaking given, the respondent authority is at liberty to take action in accordance with law.
4. In light of disposal of the petitions, no order needs to be passed as regards I.A.-1/2017. Therefore, I.A.-1/2017 is disposed of as not requiring any further orders.
Sd/- JUDGE NP