High Court of Karnataka Allows Withdrawal of Writ Petition Seeking Allotment of Industrial Site After KIADB Agrees to Refund Forfeited Amount. Writ Petition Disposed as Withdrawn Due to Subsequent Development Where Respondent Resolved to Refund Rs.18,10,000.

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

The petitioner, Ce-Chem Pharmaceuticals Pvt. Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a direction to the third respondent, the Karnataka Industrial Area and Development Board (KIADB), to allot site No.279P instead of site No.56B at 4th Phase, Dobaspet Industrial Area. During the pendency of the petition, the petitioner filed a memo for withdrawal, stating that subsequent to the filing of the writ petition, the KIADB had sent a letter dated 13.05.2020 (No.KIADB/HO/ALLOT/21195/379/2020-21) informing that in its board meeting held on 17.02.2020, it had resolved to refund the forfeited amount of Rs.18,10,000/- in favour of the petitioner. In light of this development, the petitioner sought permission to withdraw the writ petition. The court, per Justice P.B. Bajanthri, allowed the withdrawal and disposed of the writ petition as withdrawn. No costs were imposed. The judgment is brief and does not involve any legal analysis or determination of substantive issues.

Headnote

A) Writ Law - Withdrawal of Petition - Memo for Withdrawal - Petitioner sought withdrawal of writ petition after respondent KIADB resolved to refund forfeited amount of Rs.18,10,000/- - Court permitted withdrawal and disposed of petition as withdrawn - Held that subsequent development rendered the petition infructuous (Paras 1-3).

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Issue of Consideration

Whether the writ petition should be allowed to be withdrawn in light of subsequent development where the respondent agreed to refund the forfeited amount.

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Final Decision

Writ petition disposed of as withdrawn in terms of the memo for withdrawal.

Law Points

  • Withdrawal of writ petition
  • Memo for withdrawal
  • Disposal as withdrawn
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Case Details

2020 LawText (KAR) (07) 36

Writ Petition No.34675 of 2017 (GM-KIADB)

2020-07-06

P. B. Bajanthri

Sri Diwakara K. (for petitioner), Sri Basavaraj V.Sabarad (for R3), Sri T.P.Srinivasa (AGA for R1 & R2)

Ce-Chem Pharmaceuticals Pvt. Ltd.

State of Karnataka, Commissioner for Industrial Department and Director of Industries Commerce, The Chief Executive Officer and Executive member, Karnataka Industrial Area and Development Board (KIADB)

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Nature of Litigation

Writ petition seeking direction to allot alternative industrial site.

Remedy Sought

Petitioner sought direction to respondent No.3 to allot site No.279P instead of site No.56B at 4th Phase, Dobaspet Industrial Area.

Filing Reason

Dispute regarding allotment of industrial site; petitioner sought substitution of allotted site.

Issues

Whether the writ petition should be withdrawn in light of subsequent development.

Submissions/Arguments

Petitioner filed memo for withdrawal stating that KIADB resolved to refund forfeited amount of Rs.18,10,000/-.

Ratio Decidendi

A writ petition may be withdrawn by the petitioner if subsequent developments render the relief sought infructuous or if the petitioner no longer wishes to pursue the remedy.

Judgment Excerpts

The petitioner has filed a memo for withdrawal of the above writ petition. In terms of the aforesaid memo for withdrawal, the writ petition stands disposed of as withdrawn.

Procedural History

Writ petition filed in 2017; during pendency, KIADB resolved to refund forfeited amount; petitioner filed memo for withdrawal on 06.07.2020; court allowed withdrawal and disposed of petition.

Acts & Sections

  • Constitution of India: Articles 226, 227
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High Court High Court of Karnataka Allows Withdrawal of Writ Petition Seeking Allotment of Industrial Site After KIADB Agrees to Refund Forfeited Amount. Writ Petition Disposed as Withdrawn Due to Subsequent Development Where Respondent Resolved to Refund Rs.18...
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