- 1 - NC: 2025:KHC:9279 WP No. 47763 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 47763 OF 2017 (GM-RES) BETWEEN: NATARAJU M KASETTY S/O M B KASETTY AGED ABOUT 68 YEARS M/S KASETTY & SONS B H ROAD SHIVAMOGGA-577 201 …PETITIONER (BY SRI. CHANDRASHEKAR K, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PUBLIC WORKS M S BUILDING BENGALURU-560 001 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C & B) K R CIRCLE BENGALURU-560 001 3. THE EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS AUTHORITY PUBLIC WORKS DEPARTMENT SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201 4. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9279 WP No. 47763 of 2017 5. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA-577 201 6. THE ASSISTANT EXECUTIVE ENGINEER SUB DIVISION-1 KARNATAKA STATE HIGHWAYS AUTHORITY, SUB STAND SHIVAMOGGA-577 201 7. SHIVAKUMARA KASETTY S/O LATE M B KASETTY AGED ABOUT 50 YEARS OCC:BUSINESS M/S KASETTY BUILDINGS B H ROAD, SHIVAMOGGA-577 201 …RESPONDENTS (BY SRI MANJUNATH RAYAPPA, AGA FOR R1 TO R6 SRI S V PRAKASH, ADVOCATE FOR R7) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 6 TO DEPOSIT THE ENTIRE COMPENSATION AMOUNT IN RESPECT OF THE KHATHA NO.188/186/175 SITUATED IN B.H.ROAD, SHIVAMOGGA IN O.S.NO.290/1999 PENDING IN THE COURT OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM AT SHIVAMOGGA AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC:9279 WP No. 47763 of 2017 1. Issue in the nature of mandamus or any other appropriate Writ, order or direction directing the Respondents 1 to 6 to deposit the entire compensation amount in respect tof the Khatha No.188/186/175 situated in B.H.Road, Shivamogga in O.S. No.290/1999 pending in the Court of the 1st Additional Senior Civil Judge and CJM at Shivamogga and 2. Issue such other writ, order or directions as deemed fit under the circumstances of the case and to allow this Writ Petition with costs in the interest of justice and equity. 2. A memo for withdrawal of the petition dated 04.03.2025 has been filed signed by the counsel for the petitioner, which reads as under: The under signed counsel for the Petitioner states that the dispute between the petitioner and 7th Respondent is in question in the above Writ Petition. However, in view of the civil proceedings, the Petitioner has filed R.F.A. No.1538/2017 before this Hon’ble Court. Since the same has to be decided in the above referred R.F.A. the Petitioner seek leave of this Hon’ble Court to withdraw the above Petition, since the said question has to be decided in the above referred R.F.A. Hence, this memo for withdrawal. - 4 - NC: 2025:KHC:9279 WP No. 47763 of 2017 3. Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrawn reserving liberty to the petitioner to agitate all the issues raised in the present matter in RFA No.1538/2017 pending before this Court. 4. Pending I.As., if any, stand disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE BS List No.: 1 Sl No.: 82