- 1 - HC-KAR NC: 2025:KHC:48589-DB WA No. 177 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.177 OF 2023 (LB-BMP) BETWEEN: 1. DR.AHMED HUSAIN S/O LATE SYED ABDUL GAFFAR AGED ABOUT 59 YEARS, R/AT FLAT NO.601, 'AHMED HOMES', 6TH MAIN, 3RD CROSS, BHEL LAYOUT, SRK GARDEN JAYANAGAR 4TH - T BLOCK BENGALURU - 560 011. 2. DR. GAUHAR JAHAN W/O DR. AHMED HUSAIN AGED ABOUT 59 YEARS R/AT FLAT NO.601, 'AHMED HOMES', 6TH MAIN, 3RD CROSS, BHEL LAYOUT, SRK GARDEN JAYANAGAR 4TH - T BLOCK BENGALURU - 560 011. &APPELLANTS (BY SRI. KARUNAKARA P., ADVOCATE) AND: 1. THE COMMISSIONER Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48589-DB WA No. 177 of 2023 BRUHAT BENGALURU MAHANAGARA PALIKE CORPORATE OFFICES N. R. SQUARE, J C ROAD, BENGALURU 560 023. 2. THE ASSISTANT EXECUTIVE ENGINEER HOMBEGOWDA NAGAR SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE 7TH MAIN, 7TH CROSS, II BLOCK, JAYANAGAR, BENGALURU 560 011. 3. SRI A.S. JAVEED AHMED S/O LATE ABDUL SATTAT AGED ABOUT 55 YEARS FLAT NO.205, 2ND FLOOR J.J. EMBASSY, 4TH CROSS R.B. EXTENSION, 3RD BLOCK EAST, JAYANAGAR BENGALURU 560 011. &RESPONDENTS (BY SRI. SANJEEV B. L., ADV. FOR R1 & R2; SRI. V.B. SHIVAKUMAR, ADV. FOR C/R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE JUDGMENT DATED 23.01.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.24287/2018 AND CONSEQUENTLY ALLOW THE INSTANT WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48589-DB WA No. 177 of 2023 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellants submits that he would withdraw the appeal and he would challenge the action of the respondents/Corporation before the appropriate forum. 2. In view of the aforesaid submission, the appeal is dismissed as withdrawn with liberty to challenge the order passed by the Corporation in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 10