IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.33512/2013 (LB-RES) BETWEEN:
M/s. Udupi Taluk Industrial Co-operative Society Limited, Having its Head Office:
Near Kinnimulky Bus-stop, Kinnimulky, Udupi-576101.
Rep. By its General Manager, Sri. Bhaskar Kamath, Aged about 58 years, S/o late Devaraya Kamath, R/o Kinnimulky, Udupi Taluk & District. ... Petitioner (By Sri. G.Shashi Kiran Chowdri, Advocate for Sri. A.Ananda Shetty, Advocate) AND:
1. The Udupi City Municipality, By its Commissioner, Udupi-576 101.
2. The Karnataka State Small Industries Development Corporation Limited, Mangalore Division, Yeyyadi, Mangalore-575008, Rep. by its Deputy Chief Manager.
3. The District Industrial Centre, Manipal-Alevoor Road, Post: Manipal-576104, Udupi Taluk & District, Rep. by its Joint Director. ... Respondents (By Sri. T.I.Abdulla, Advocate of Hegde Associates for R1;
Sri. P.S.Manjunath, Advocate for R2; R3-served) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned notice dated 29.06.2013, passed by the Municipality-R1, as per Annexure-M and etc., This Writ Petition coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the petitioner has filed a memo dated 12.04.2019, which reads as follows:
“The Petitioner submits that the building, which is subject matter of the present lis, has since been completed and the Respondent Municipality has expressed its intent to accord a temporary municipal number to the said property and has also expressed its intent to consider a revised plan of the said structure for sanction. In light of the said developments and subject to happening of the said events, the Petitioner seeks leave of this Hon’ble Court to withdraw the present writ petition, while reserving all rights which are otherwise available in law. Wherefore, the Petitioner prays that this Hon’ble Court be pleased to permit withdrawal of the present writ petition, in the interest of justice and equity.”
In light of the memo filed, the petitioner is permitted to withdraw the writ petition. Accordingly, writ petition is disposed of, reserving liberty to initiate appropriate steps for legal redressal if the legal grievance still subsists and appropriate action is not initiated by the respondents as held out.
Sd/- JUDGE RB