The High Court of Karnataka dismissed a writ appeal as withdrawn by the appellant, who sought an alternative remedy under the National Highway Act 1956. Consequently, an incidental application was declared infructuous.
The writ appeal was dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI
WRIT APPEAL NO. 38 OF 2022 (LA-RES)
BETWEEN:
V. SHIVANANJAPPA, S/O LATE VEERTHAPPA, AGED ABOUT 60 YEARS, R/AT CHILAKAVADI VILLAGE AND POST, KOLLEGALA TLAUK - 574 411, CHAMARAJANAGAR DISTRICT.
…APPELLANT
(BY SMT. P C SUNITHA, ADVOCATE)
AND:
Digitally signed by K G RENUKAMBA Location: High Court of Karnataka
DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001.
(BY SRI. P NISHAN UNNI, ADVOCATE FOR R2 (MOA FILED) GA SERVED, ASG SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP NO.5317/2016 (LA-RES) DATED 24.11.2021.
NC: 2024:KHC:26720-DB WA No. 38 of 2022
THIS APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo dated 11.07.2024 for withdrawal of the appeal, which reads as under:
“The Appellant above named submits that the Appellant has an alternative remedy under the National Highway Act 1956. Hence, Appellant may be permitted to withdraw the appeal with a liberty to file before the competent authority in accordance with law, which is necessary in the interest of justice and equity .”
2. Learned counsel for the appellant submits that,
the appellant shall withdraw the appeal to enable the appellant seek such remedy as available in law.
withdrawn.
NC: 2024:KHC:26720-DB WA No. 38 of 2022
4. In view of the dismissal of the main appeal,
I.A.No.3/2022 do not survive for consideration, as having
become infructuous.
Sd/-
JUDGE
Sd/JUDGE
SMC/List No.: 1 Sl No.: 17
1 issue framed by the court
Whether a writ appeal should be allowed to proceed when the appellant seeks to withdraw the same for alternative remedies.
2 provisions across 2 enactments
V. SHIVANANJAPPA
STATE OF KARNATAKA
UNION OF INDIA
CHIEF ENGINEER, NATIONAL HIGHWAYS, K.R. CIRCLE
EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, P.P.P. CELL NAZARABAD
LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
