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2025 DAILYLAW 20366 (KAR)

THE STATE OF KARNATAKA v. M/S. UMRAH DEVELOPERS

WA/4367/2016 · 2025-06-26

S G Pandit, T M Nadaf

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22818-DB WA No. 4367 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR JUSTICE T.M.NADAF WRIT APPEAL NO.4367 OF 2016 (KLR-RES) BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001, BY ITS PRINCIPAL SECRETARY, 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-09. …APPELLANTS (BY SMT. SARITHA KULKARNI, AGA) AND: M/S. UMRAH DEVELOPERS NO.22/1, KAVARIAPPA LAYOUT, MILLER TANK BUND ROAD, BENGALURU - 560 052, REPRESENTED BY YUSUF SHARIFF @ D.BABU, SON OF DASTAGIR SHERIFF, S/O SHRI.DASTAGIR SHARIFF, AGED ABOUT 50 YEARS. …RESPONDENT (BY SRI. PAWAN KUMAR M N, ADVOCATE) Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22818-DB WA No. 4367 of 2016 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND TO SET ASIDE THE ORDER DATED 25/02/2016 PASSED BY THE LEARNED SINGLE JUDGE IN WP NOS.3603- 07/2016 [KLR]; b) PASS SUCH OTHER ORDER OR ORDERS AND FURTHER DIRECTIONS AS THIS HON'BLE COURT MAY DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S.G.PANDIT) This appeal is filed under Section-4 of the Karnataka High Court Act 1961, questioning the learned Single Judge’s order dated 25.02.2016, in Writ Petition Nos.3606-07/2016, where under the writ petitions were allowed. Aggrieved by the same, the State Government is in appeal 2. Heard learned AGA, Smt.Saritha Kulkarni for the appellants and learned counsel Sri.Pawan Kumar M.N., for the respondent. - 3 - HC-KAR NC: 2025:KHC:22818-DB WA No. 4367 of 2016 3. During the course of the hearing, the learned counsel Sri.Pawan Kumar M.N., for the respondent files a memo dated 26.06.2025, which reads as follows: Memo “The undersigned Counsel seeks leave of this Hon’ble Court that the Respondent may be permitted to withdraw the Writ Petition No.3603-07/2016 disposed vide Order dated 25.02.2016, i.e., the impugned order in the subject Writ Appeal. Wherefore, the Present memo, may be taken on record, in the interest of equity and justice and the writ petition No.3603-07/2016 may be dismissed as withdrawn and in that view of the matter, the present appeal may be disposed off.” 4. The respondent herein who is the petitioner before the learned Single Judge in Writ Petition Nos.3603- 07/2016, seeks leave to withdraw the writ petition itself. 5. The memo is placed on record. The respondent – petitioner is permitted to withdraw the Writ Petition Nos.3603-07/2016. Consequently, the impugned order - 4 - HC-KAR NC: 2025:KHC:22818-DB WA No. 4367 of 2016 under appeal dated 25.02.2016, in Writ Petition Nos.3606- 07/2016, stands set aside. Accordingly Writ Appeal stands disposed of. Accordingly, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE JJ List No.: 1 Sl No.: 31