Acting Chief Justice permitted the petitioner to file a written statement in a filed civil suit as withdrawal of the writ petition was allowed on those grounds.
Permission granted to file written statement in civil suit; writ petition dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2021
PRESENT
THE HON’BLE MR. SATISH CHANDRA SHARMA ACTING CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.51697/2019 (GM-RES-PIL)
BETWEEN:
SRI. VEERANNA, S/O. VEERAKYATHAPPA, AGED ABOUT 40 YEARS, RESIDIG AT NO.4 AND 5, NO.100/3, DODDAMUTHAPPA GARDEN, D.R.C. POST, BENGALURU – 560 029
... PETITIONER
(BY SRI.MANJUNATH. C, ADVOCATE)
AND:
AND ALSO AT: NO.47, 7TH CROSS, 6TH MAIN, NARAYANA GOWDA LAYOUT, THAVAREKERE,
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D.R.C. POST, B.T.M. 1ST STAGE, BENGALURU – 560 029
… RESPONDENTS
(BY SRI.K.N.PUTTEGOWDA, ADV. FOR R2 & R3, SRI.S.Y.KUMBAR, ADV. FOR R1, SRI.K.B. MONESH KUMAR, ADV. FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.06.2019 IN SO FAR AS PARA NO.8 IS CONCERNED I.E., WE DECLARE THAT THE APPLICANTS ARE ELIGIBLE FOR CONTINUING AS SUCH, SO LONG AS THE POST REQUIRES FOR THEM TO CONTINUE. THEY SHOULD NOT BE REPLACED BY ANY OTHER CONTRACT EMPLOYEES OR CONTRACTOR AS THE CASE MAY BE, PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BENGALURU IN O.A. No.170/00306/2017 AS PER ANNEXURE-A DECLARE IT
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TO BE ILLEGAL, NON IMPLEMENTABLE, ARBITRARY AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE., MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner files a memo for withdrawal of the writ petition.
His contention is that respondent no.1 herein has already filed a civil suit against him and he may be permitted to file the written statement in the civil suit, raising all the grounds raised in the present writ petition.
He is permitted to do so.
The writ petition is dismissed as withdrawn, with the aforesaid liberty.
Sd/-
ACTING CHIEF JUSTICE
Sd/JUDGE
JJ
1 issue framed by the court
Whether withdrawal of writ petition is permitted when the petitioner seeks liberty to raise grounds in a civil suit.
Sri. Veeranna
Sri. Krishna Murthy
The Commissioner, Bengaluru Mahanagara Palike Task Force
The Assistant Executive Engineer, Bhruhath Bengaluru Mahanagara Palike
The Commissioner, Bengaluru Water Supply and Sewerage Board
The Assistant Executive Engineer, Bengaluru Water Supply and Sewerage Board 3rd Division South
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
