IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOS.55 OF 2019 AND 145 OF 2019 (T-RES) BETWEEN:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS FINANCE SECRETARY, GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER OF COMMERCIAL TAXES (AUDIT) 3.6, DVO-3 II FLOOR, TTMC BMTC BUILDING, SHANTHI NAGAR, BENGALURU - 560 027.
(BY SRI.V.G. BHANUPRAKASH, AGA) AND:
M/S KAILASH BAR AND RESTAURANT NO. 13/1, KALASIPALYAM, BENGALURU - 560 002 (REPRESENTED BY ITS PROPRIETOR DAYASHANKAR R VAGELE) ... APPELLANTS ... RESPONDENT ---
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 24/9/2018 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP 10549-550/2018.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT State has preferred these appeals challenging order dated 24.09.2018 in W.P.Nos.10549-10550/2018.
2. It is recorded by Hon’ble Single Judge that the subject matter of the writ petitions granting relief under Karasamadhana Scheme, 2017 is covered by a Division Bench judgment of this Court in The State of Karnataka and others – vs – M/s. WS Retail Services Private Limited decided on 31.08.2018. The impugned order has been passed based on the joint submissions made by learned advocate for the petitioner and learned Additional Government Advocate for the State Government.
3. In the circumstances, we see no ground to interfere in these appeals. The appeals fail and they are accordingly dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB