Karnataka High Court Dismisses Writ Petition as Withdrawn After Petitioner's Counsel Permitted to Withdraw. Order Passed on Memo for Withdrawal, No Adjudication on Merits.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

Background: The petitioner, Marshal D Souza, filed a writ petition in the High Court of Karnataka at Bengaluru under Articles 226 and 227 of the Constitution of India against the State of Karnataka and others, seeking a direction to the second respondent (Tahsildar, Mangalore Taluk) to place a representation (Annexure-D) before the third respondent (Land Tribunal, Mangalore Taluk) and for the Tribunal to consider the same in accordance with law. The petition was listed for hearing on 13.07.2020. Facts: On that date, the petitioner's counsel sought permission to withdraw the writ petition by filing a memo dated 08.07.2020. Legal Issues: No substantive legal issues were framed or adjudicated. Arguments: The submissions of the parties were not recorded. Court's Analysis: The court simply allowed the withdrawal as prayed, without entering into the merits of the case. Decision: The petition was dismissed as withdrawn. Thus, the proceedings concluded without any decision on merits, and the court did not give any directions as originally sought.

Headnote

A) Procedure - Withdrawal of Writ Petition - Withdrawal of Proceedings - Constitution of India, Articles 226, 227 - Petitioner moved memo for withdrawal; court allowed and dismissed petition as withdrawn - Held that withdrawal is allowed on memo. (Order)

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Issue of Consideration

KAHC010031192018_1

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Final Decision

Writ petition dismissed as withdrawn.

Case Details

2020 LawText (KAR) (07) 22

Writ Petition No.10125/2018(LR)

2020-07-13

P.B. Bajanthri

For Petitioner: Rakshit K.N., B. Lethif, Mahalingaiah H.H.; For Respondents: T.P. Srinivasa, AGA for R1 to R3

Marshal D Souza

The State of Karnataka, Rep. by its Principal Secretary Revenue Department, Tahsildar Mangalore Taluk, Land Tribunal Mangalore Taluk, Smt. Jainabhi, Sri Kanthappa Rai

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Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to revenue authorities to place a representation before the Land Tribunal and for its consideration.

Remedy Sought

Petitioner sought direction to the Tahsildar to place Annexure-D representation before the Land Tribunal and for the Tribunal to consider it in accordance with law.

Judgment Excerpts

Learned counsel for the petitioner is permitted to withdraw the writ petition in terms of memo dated 08.07.2020. Petition is dismissed as withdrawn.

Procedural History

Writ petition filed. On 13.07.2020, petitioner's counsel moved memo for withdrawal. Court permitted withdrawal and dismissed petition as withdrawn.

Acts & Sections

  • Constitution of India: Article 226, Article 227
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