- 1 - HC-KAR NC: 2025:KHC-D:10246-DB WA No. 100388 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100388 OF 2025 (KLR-RR/SUR) BETWEEN: MR. D. KANAKACHALA S/O. LATE D. HANUMANTAPPA, AGED ABOUT 53 YEARS, OCC: AGRICULTURIST, R/O. 6TH WARD, RANIPET, HOSAPETE-583201, TQ. HOSAPETE, DIST. VIJAYANAGARA. …APPELLANT (BY SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT. OFFICE OF THE DEPUTY COMMISSIONER, HOSAPETE-583201, TQ. HOSAPETE, DIST. VIJAYANAGARA. 2. THE ASSISTANT COMMISSIONER, HOSAPETE TALUKA, OFFICE OF THE ASSISTANT COMMISSIONER, HOSAPTE-583201, TQ. HOSAPETE, DIST. VIJAYANAGARA. …RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING SET ASIDE THE ORDER DATED 22.04.2025 PASSED BY THE LEARNED SINGLE JUDGE FO THIS HON’BLE COURT IN WRIT PETITION NO.104097/2022 (KLR-RR/SUR) AND FURTHER TO ALLOW THE SAID WRIT PETITION, AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10246-DB WA No. 100388 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) Learned counsel for the appellant has filed a memo which reads as under: “It is submitted that the suo moto proceedings were initiated by the Deputy Commissioner which was challenged in the Writ petition. The writ petition was dismissed. Being aggrieved by the same the above captioned Writ Appeal is preferred. During the pendency of the Writ Appeal, the Deputy Commissioner has passed the order directing to delete the name of the petitioner. In that view of the matter the Appellant hereby craves the kind leave of this Hon’ble court to permit him to withdraw the Writ Appeal with liberty to challenge the impugned order passed by the Deputy Commissioner in the interest of justice and equity.” 2. In light of the same, the appeal is dismissed as withdrawn. Liberty is sought for to challenge the order passed by the Deputy Commissioner is kept open and - 3 - HC-KAR NC: 2025:KHC-D:10246-DB WA No. 100388 of 2025 appellant is at liberty to challenge the order before Deputy Commissioner as is permissible in law. All contentions are kept open. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 1 Sl No.: 4