- 1 - NC: 2024:KHC:34502 WP No. 25643 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2024 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25643 OF 2019 (GM-PP) BETWEEN: 1. THE COMPETENT OFFICER AND MUNICIPAL COMMISSIONER CITY MUNICIPAL COUNCIL MANDYA-571401 …PETITIONER (BY SRI. G M ANANDA.,ADVOCATE) AND: 1. SMT. SIDDAMMA W/O LATE KALAIAH AGED ABOUT 75 YEARS, NO.76, SWATANTRA PALYA 9TH CROSS, GANDHINAGAR MANDYA CITY-571401 …RESPONDENT (BY SRI. M.SHIVAPRASAD, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DTD 10.10.2017 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN M.A.NO.16/2014, UNDER ANNX-A AS ILLEGAL AND NOT SUSTAINABLE AND ETC., Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2024:KHC:34502 WP No. 25643 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The reasons assigned by the Appellate Court in the order which is impugned in this petition is that the notice issued under Section 4 of the Karnataka Public Premises (Eviction of unauthorised occupants) Act, 1974, is not in compliance of the said provisions and that there is no further compliance of the order as required under Section 5 of the Act. As such, the Court has found the initiation of proceedings by the respondent-authorities under the provisions of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 as unsustainable. 2. Counsel for the petitioner after arguing the matter for some time seeks withdrawal of the petition with liberty to initiate fresh proceedings under the said Act, 1974 in strict compliance of the provisions provided thereunder. - 3 - NC: 2024:KHC:34502 WP No. 25643 of 2019 3. Submission is taken on record. 4. Petition is dismissed as withdrawn with liberty to initiate proceedings as sought for. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 21