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2025 DAILYLAW 48520 (KAR)

DR KUSHAL RAJ v. THE COMMISSIONER

WP/14584/2025 · 2025-07-08

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24672 WP No. 14584 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14584 OF 2025 (LB-RES) BETWEEN: DR KUSHAL RAJ, S/O. TIKAM CHAND, AGED ABOUT 55 YEARS, RESIDING AT DOOR NO. 275, K-74, 276/1, K-74, 276, K 74/2, CHELUVAMBHA AGRAHARA, K.R.MOHALLA, MYSURU CITY. …PETITIONER (BY SRI. KIRAN KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER, MYSURU MAHANAGARA PALIKE, JLB ROAD, MYSURU-577 001. 2. M.S. NAGARAJU, S/O. LATE SUBRAMANYA SETTY, AGED ABOUT 65 YEARS, RESIDING AT NO. 264/A K-73, CHELUVAMBHA AGRAHARA TOGARI STREET, MYSURU-577 001. 3. M.N.SARASWATHI, W/O. M.S. NAGARAJU, AGED ABOUT 59 YEARS, RESIDING AT NO. 264/A K-73, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24672 WP No. 14584 of 2025 CHELUVAMBHA AGRAHARA TOGARI STREET, MYSURU-577 001. …RESPONDENTS (BY SMT. M.P. GEETADEVI, ADVOCATE FOR R1, SRI. P. MAHESHA , ADVOCATE FOR C/R2 & R3) THIS WP IS FILED UNDER ARTICELS 226 AND 227 FOT HE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER, DATED 18-02-2025, PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MYSURU, UNDER SECTION 443-A OF THE KARNATAKA MUNICIPAL CORPORATION ACT, IN MISCELLANEOUS APPEAL NO. 15/2022. THE AFORESAID ORDER, DATED 18-02-2025, VIDE ANNEXURE-E-7 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This matter was extensively argued by Sri Kiran Kumar, learned counsel for the appellant. Despite repeated queries from this Court regarding the counter to the findings recorded by the learned District Judge at paragraph 16 of the impugned order, wherein, based on original records, the learned Judge has specifically identified the deviations in the construction undertaken by the petitioner, no satisfactory explanation or specific ground has been pointed out in the writ petition to dispute or rebut those findings. - 3 - HC-KAR NC: 2025:KHC:24672 WP No. 14584 of 2025 2. When this Court was about to proceed with the dismissal of the writ petition on merits, learned counsel for the petitioner sought leave to withdraw the same. Recording his submission, the writ petition is dismissed as withdrawn. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AKV List No.: 1 Sl No.: 10