High Court of Karnataka Allows Withdrawal of Writ Petition Challenging Appointment of Data Entry Operator in Gram Panchayat. Petitioner Withdraws Petition Without Adjudication on Merits.

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

The petitioner, Nischala G V, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka, Bengaluru, seeking to quash a resolution dated 18.06.2018 passed by the 2nd respondent, Chikkabidarakallu Gram Panchayat, whereby the 3rd respondent, Hanumaiah M, was appointed to the post of Data Entry Operator with the approval of the 1st respondent, the Chief Executive Officer of Zilla Panchayat. The petitioner was represented by Sri Saravana S for Lex Nexus, Advocate. The respondents included the Chief Executive Officer, the Gram Panchayat represented by its PDO, and Hanumaiah M. The 1st respondent was served but unrepresented; the 2nd respondent was represented by Sri M Pradeep, Advocate; and the 3rd respondent by Sri M Rajashekar, Advocate. During the proceedings, the petitioner's counsel filed a Memo dated 23.06.2020 seeking leave to withdraw the writ petition. The court took the Memo on record and disposed of the writ petition as withdrawn. Consequently, all interim orders, if any, stood dissolved, and all pending applications were rendered insignificant. No costs were imposed. The judgment was delivered by Justice Krishna S. Dixit on 3rd July 2020.

Headnote

A) Constitutional Law - Writ Jurisdiction - Withdrawal of Petition - Petitioner sought leave to withdraw the writ petition challenging the appointment of a Data Entry Operator by the Gram Panchayat - Court permitted withdrawal and disposed the petition as withdrawn - Held that the petitioner is entitled to withdraw the petition at any stage before final hearing (Para 1).

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Issue of Consideration

Whether the writ petition challenging the resolution appointing the 3rd respondent as Data Entry Operator should be entertained on merits.

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Final Decision

Writ petition disposed off as withdrawn in terms of the Memo. Interim orders dissolved. All applications disposed. No costs.

Law Points

  • Withdrawal of writ petition
  • Memo seeking leave to withdraw
  • Disposal as withdrawn
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Case Details

2020 LawText (KAR) (07) 215

Writ Petition No.31749 of 2018 (S-RES)

2020-07-03

Krishna S. Dixit

Sri Saravana S for Lex Nexus (for petitioner); Sri M Pradeep (for R2); Sri M Rajashekar (for R3)

Nischala G V

The Chief Executive Officer, Zilla Panchayat; Chikkabidarakallu Gram Panchayat; Hanumaiah M

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India challenging a resolution of the Gram Panchayat appointing a Data Entry Operator.

Remedy Sought

Petitioner sought quashing of the resolution dated 18.06.2018 appointing the 3rd respondent as Data Entry Operator.

Filing Reason

Petitioner challenged the appointment of the 3rd respondent as Data Entry Operator by the Gram Panchayat.

Issues

Whether the writ petition should be entertained on merits.

Submissions/Arguments

Petitioner's counsel filed a Memo seeking leave to withdraw the writ petition.

Ratio Decidendi

A petitioner is entitled to withdraw a writ petition at any stage before final hearing, and the court may permit such withdrawal and dispose the petition as withdrawn.

Judgment Excerpts

Learned counsel for the petitioner has filed a Memo dated 23.06.2020 seeking leave to withdraw the writ petition. Memo is taken on record. Writ Petition is disposed off as having been withdrawn in terms of Memo.

Procedural History

The writ petition was filed on an unspecified date. On 03.07.2020, the petitioner's counsel filed a Memo seeking withdrawal. The court disposed the petition as withdrawn on the same day.

Acts & Sections

  • Constitution of India: Article 226
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High Court High Court of Karnataka Allows Withdrawal of Writ Petition Challenging Appointment of Data Entry Operator in Gram Panchayat. Petitioner Withdraws Petition Without Adjudication on Merits.
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