IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 11TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G. PANDIT WRIT APPEAL NO.16693 OF 2011 (L- KSRTC) BETWEEN:
SRI S.G. RAMESH SON OF LATE S. GANGADHARAPPA AGED ABOUT 32 YEARS RESIDENT OF YERRANAGENAHALLI D. PALYA POST, GOWRIBIDANURU TALUK CHICKBALLAPURA DISTRICT.
(BY SRI K. SRINIVASA, ADVOCATE) AND:
THE DIVISIONAL CONTROLLER KSRTC, KOLAR DIVISION, KOLAR REPRESENTED BY ITS CHIEF LAW OFFICER, KSRTC, BENGALURU.
... APPELLANT ... RESPONDENT (BY SMT. H. R. RENUKA, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.38921 OF 2010 (L-KSRTC) DATED 09/09/2011.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
JUDGMENT There is a delay of 1455 days in filing the recalling application to recall the order dated 13.11.2013.
2. The reason assigned in the affidavit filed in support of the application is that even though liberty was sought for to prosecute his case in an alternative forum, the same was not granted. It is pleaded that thereafter the appellant came to know of the same. Hence, the instant applications.
3. The same is disputed by the learned counsel for the respondent. She contends that the learned Single Judge has upheld the order of dismissal.
4. Be that as it may, a memo has been filed by the learned counsel for the appellant to withdraw the appeal with a liberty to prosecute his case in an alternative forum necessarily at the risk of the learned counsel for the appellant as stated in the memo. However, we deem it fit that it is for the appellant to approach whatever the alternative forum where the appellant can adjudicate his right. The same is allowed granting liberty to the appellant, subject to all exceptions in law. Consequentially, the delay in filing the recalling application is condoned. The order dated 13.11.2013 is recalled. Accordingly, IA Nos.1 of 2018 and 1 of 2017 are allowed. The appeal is restored to file.
5. In view of the same, the appellant is permitted to withdraw the above appeal as not pressed with liberty to prosecute his case in an alternative forum in accordance with law and subject to all exceptions.
Sd/- Sd/-
JUDGE JUDGE SA