High Court of Karnataka Allows Withdrawal of Writ Petition Challenging Communication Denying Subsidy Under Swachh Bharat Mission. Petitioner sought quashing of communication dated 7.3.2018 and direction to consider representation for subsidy; petition withdrawn without adjudication on merits.

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

The petitioner, MSGP Infra Tech Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking to quash an impugned communication dated 7.3.2018 issued by the second respondent (Director of Municipal Administration and Director of Swachh Bharat Mission) and to direct the respondents to consider the petitioner's proposal/representations dated 13.3.2018 and grant subsidy under the Swachh Bharat Mission scheme. The respondents included the State of Karnataka, the Director of Municipal Administration, and the Bruhat Bengaluru Mahanagara Palike (BBMP). During the hearing, the counsel for the petitioner filed a memo praying for leave to withdraw the petition. The court took the memo on record and disposed of the petition as withdrawn. Consequently, the pending interlocutory application (IA-1/19) was also disposed of as not surviving for consideration. The court did not adjudicate on the merits of the case.

Headnote

A) Constitutional Law - Writ Jurisdiction - Withdrawal of Petition - Petitioner sought to quash communication dated 7.3.2018 and direction to consider representation for subsidy under Swachh Bharat Mission - Counsel filed memo seeking leave to withdraw petition - Court permitted withdrawal and disposed petition as withdrawn - No adjudication on merits (Paras 1-2).

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Issue of Consideration

Whether the petitioner is entitled to subsidy under the Swachh Bharat Mission scheme

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Final Decision

Petition disposed of as withdrawn. IA-1/19 disposed of as not surviving for consideration.

Law Points

  • Withdrawal of petition
  • Disposal as withdrawn
  • No adjudication on merits
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Case Details

2020 LawText (KAR) (07) 37

W.P.No.26403/2018 (LB BMP)

2020-07-02

G. Narendar

Vinayaka B (for petitioner), Niloufer Akbar (for R-1 & R-2), K.N. Puttegowda (for R-3)

MSGP Infra Tech Pvt. Ltd.

State of Karnataka, Director of Municipal Administration, Bruhat Bengaluru Mahanagara Palike (BBMP)

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging a communication and seeking direction to grant subsidy under Swachh Bharat Mission.

Remedy Sought

Petitioner sought quashing of communication dated 7.3.2018 and direction to respondents to consider its representation and grant subsidy.

Filing Reason

Impugned communication dated 7.3.2018 issued by the second respondent allegedly denying subsidy.

Issues

Whether the petitioner is entitled to subsidy under the Swachh Bharat Mission scheme.

Submissions/Arguments

Counsel for petitioner filed memo seeking leave to withdraw the petition.

Ratio Decidendi

The court allowed the withdrawal of the petition without adjudicating on merits.

Judgment Excerpts

Memo has preferred by the counsel for the petitioner praying leave of this court to withdraw the petition. Petition is disposed of as withdrawn.

Procedural History

Writ petition filed under Article 226. During hearing, counsel for petitioner filed memo seeking withdrawal. Court allowed withdrawal and disposed petition.

Acts & Sections

  • Constitution of India: Article 226
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