Vinaya B N Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

Vinaya B N Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Leave to withdraw the writ petition was granted; the petition stands dismissed as withdrawn, subject to payment of costs of Rs. 20,000/- to the Karnataka High Court Advocates' Clerks Benevolent Fund within one week from the date of receipt of a copy of the order.

Issue for consideration

Whether the petitioner instituted the writ petition without disclosing any cause of action, warranting imposition of exemplary costs. +1 more

Court's answer

Taking serious note that the petitioner had instituted the writ petition without disclosing any cause of action, the Court, while reserving orders after extensive hearing, put the petitioner on notice regarding the proposed imposition of exemplary costs.

Ratio / Principle

Notwithstanding strong objections from the respondents' counsel, the Court showed indulgence in the interest of justice and accepted the petitioner's memo seeking leave to withdraw the writ petition.

Key takeaways

The memo for withdrawal was taken on record and the writ petition stands dismissed as withdrawn, subject to the petitioner paying costs of Rs. 20,000/- to the Karnataka High Court Advocates' Clerks Benevolent Fund within one week from the date of receipt of a copy of the order.ratio¶34

Detailed headnote1 paragraphs

Writ Petition No. 14002 of 2025 (LB-BMP), High Court of Karnataka at Bengaluru (Justice Sachin Shankar Magadum, oral order dated 03-07-2025; NC: 2025:KHC:23986): Filed under Articles 226 and 227 of the Constitution, the petition sought recognition that the petitioner's demolition of the entire structure on the schedule property constituted full compliance with the undertaking given before the Court in W.P.No.21749/2024 vide order dated 14.11.2024 (Annexure-A). After extensive hearing, while reserving orders, the Court took serious note that the petition had been instituted without disclosing any cause of action and put the petitioner on notice of proposed exemplary costs. On the petitioner's memo seeking leave to withdraw, and despite strong objections from the respondents' counsel, the Court showed indulgence in the interest of justice, took the memo on record, and dismissed the writ petition as withdrawn, subject to payment of costs of Rs. 20,000/- (Rupees Twenty Thousand only) to the Karnataka High Court Advocates' Clerks Benevolent Fund within one week from receipt of a copy of the order.

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NC: 2025:KHC:23986 WP No. 14002 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14002 OF 2025 (LB-BMP)

BETWEEN:

VINAYA .B.N W/O SANTHOSH BALASUBRAMANYA AGED 31 YEARS R/A NO. 422, 5TH CROSS 3RD B MAIN, 3RD BLOCK KALYAN NAGAR, BANGALORE-560043.

…PETITIONER

(BY SRI. KANNUR, SENIOR ADVOCATE FOR SRI. HIRAN KRISHNASWAMY, ADVOCATE)

AND:

Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU - 560002.

THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE HOODI SUB DIVISION BENGALURU - 560048.

SMT. CHANDRIKA D. REDDY W/O LATE H.K. DWARAKANATH REDDY AGED ABOUT 63 YEARS

B BLOCK, KEERTHI SIGNATURE APARTMENTS ITPL MAIN ROAD, HOODI, WHITEFIELD BENGALURU - 560048.

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NC: 2025:KHC:23986 WP No. 14002 of 2025

HC-KAR

SMT. HARSHITHA DWARAK W/O K.V. KARTHIK REDDY D/O LATE H.K. DWARAKANATH REDDY AGED ABOUT 38 YEARS R/AT NO. 708-709, B BLOCK KEERTHI SIGNATURE APARTMENTS ITPL MAIN ROAD, HOODI WHITEFIELD, BENGALURU - 560048.

…RESPONDENTS

(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2; SRI. G.L. VISHWANATH, SENIOR ADVOCATE FOR SMT. NIDHI M. PATIL, ADVOCATE FOR R3 AND R4)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CONSIDER THE ACTIONS TAKEN BY THE PETITIONER IN DEMOLISHING THE ENTIRE STRUCTURE IN THE SCHEDULE PROPERTY, TO BE IN FULL COMPLIANCE WITH THE UNDERTAKING GIVEN BEFORE THIS HONBLE COURT IN W.P.NO.21749/2024 VIDE ORDER DATED 14.11.2024 (ENCLOSED AS ANNEXURE-A) AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

This matter was heard extensively, and while reserving orders, this Court had put the petitioner on notice regarding the proposed imposition of exemplary costs, taking serious note of the petitioner having instituted the writ petition without disclosing any cause of

action.

3 - NC: 2025:KHC:23986 WP No. 14002 of 2025

HC-KAR

However, at this stage, learned Senior Counsel

appearing for the petitioner seeks leave of the Court to withdraw the writ petition. A memo to that effect has been filed.

Though the learned counsel for the respondent has raised strong objections to the withdrawal, this Court is inclined to show indulgence in the interest of justice.

Accordingly, the memo for withdrawal is taken on record. The writ petition stands dismissed as withdrawn, subject to the petitioner paying costs of Rs.20,000/- (Rupees Twenty Thousand only) to the Karnataka High Court Advocates’ Clerks Benevolent Fund within one week from the date of receipt of a copy of this order.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

CA

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