IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.9780/2015(S-DIS) BETWEEN:
SRI TABASAPPA S/O VISHAKANTAPPA AGED ABOUT 54 YEARS SECRETARY GRAM PANCHAYATH HUNUGANAHALLI VILLAGE INCHARGE OF CHIKKANAHALLI BELUR TALUK HASSAN DISTRICT 573 201.
...PETITIONER (BY SRI K. GURUDHATTA, ADVOCATE FOR SRI A.C. BALARAJ, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU 560 001.
2 . THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, HASSAN 573 201.
REPRESENTED BY DEPUTY SECRETARY (DEVELOPMENT) CUM DISCIPLINARY AUTHORITY 3 . THE EXECUTIVE OFFICER TALUK PANCHAYATH BELUR TALUK, HASSAN DISTRICT 573 201.
4 . THE KARNATAKA LOKAYUKTA M. S. BUILDING DR. B. R. AMBEDKAR VEEDHI, BENGALURU 560 001.
REPRESENTED BY ITS UPALOKAYUKTA.
…RESPONDENTS (BY SRI H.R. SHOWRI, HCGP FOR R1;
SRI A. NAGARAJAPPA, ADVOCATE FOR R2 AND R3; SRI G. DEVARAJ, ADVOCATE FOR R4) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-2 DATED 7.2.2015 VIDE ANNEXURE-R AND OF THE R-3 DATED 12.2.2015 VIDE ANNEXURE-S AND TO ORDER FOR REINSTATEMENT OF THE PETITIONER INTO SERVICE WITH ALL CONSEQUENTIAL AND MONETARY BENEFITS.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner filed memo dated 11.11.2019 seeking to withdraw the above writ petition stating that the petitioner has got alternative remedy of filing application under Section 15 of the Karnataka Administrative Tribunal Act, as the petitioner is a government servant and by oversight, he has filed the present writ petition. It is prayed that the time spent before this Court may be ordered to be excluded by the Tribunal while counting the period of limitation in filing the application before the Karnataka State Administrative Tribunal, Bengaluru.
2. The memo is placed on record.
3. The writ petition is dismissed as withdrawn with liberty as prayed for, in accordance with law.
Sd/- JUDGE kcm