Case Note & Summary
The petitioner, Sri Shivashankar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru. The petition challenged an order dated 04.03.2020 (Annexure-A) passed by the Joint Commissioner and Appellate Authority, Mahadevapura Zone, Bruhath Bangalore Mahanagara Palike (BBMP), the fourth respondent. The respondents included private parties (Smt. G. Devaki and Smt. Amuda Purushothaman) as well as official respondents such as the Assistant Revenue Officer, Joint Commissioner, Commissioner of BBMP, the State of Karnataka through its Secretary of Urban Development, and the Inspector of Police, K.R. Pura Police Station. The petitioner sought to call for records and quash the impugned order. However, during the preliminary hearing, the learned counsel for the petitioner submitted that the parties had settled the matter out of Court and had filed a memo to that effect. The court recorded the submission and, noting the settlement, dismissed the writ petition as withdrawn. The learned Additional Government Advocate (AGA) was permitted to file a memo of appearance within four weeks. The judgment was delivered by Justice Ashok S. Kinagi on 9th July 2020.
Headnote
A) Civil Procedure - Withdrawal of Petition - Settlement - The petitioner sought to quash an order dated 04.03.2020 passed by the Joint Commissioner and Appellate Authority, BBMP. The parties settled the matter out of Court and filed a memo. The Court dismissed the writ petition as withdrawn, recording the settlement. (Paras 2-3)
Issue of Consideration
Whether the writ petition should be allowed or dismissed in light of the settlement between the parties.
Final Decision
Writ petition dismissed as withdrawn. Learned AGA permitted to file memo of appearance within four weeks.
Law Points
- Settlement of dispute
- Withdrawal of writ petition
- Memo of settlement
