- 1 - HC-KAR NC: 2025:KHC-D:9917 WP No. 107608 of 2023 C/W WP No. 106571 of 2023 WP No. 107698 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107608 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 106571 OF 2023, WRIT PETITION NO. 107698 OF 2023 IN WP.NO.107608/2023: BETWEEN: SRI MOHAMMAD ASIFY MOMIN S/O. YAKUB MOMIN, AGE: MAJOR, OCC. BUSINESS, R/O. GANDHI MARKET, KARWAR-581301. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: CITY MUNCIPAL COUNCIL R/BY. ITS COMMISSIONER, SRI. UDAY SHETTY, AGED ABOUT 52 YEARS, R/O. CMC, KARWAR-581302. …RESPONDENT (BY SRI. S.V. YAJI, ADVOCATE) Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9917 WP No. 107608 of 2023 C/W WP No. 106571 of 2023 WP No. 107698 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 24.08.2023 PASSED BY ADDL. SR.CIVIL JUDGE AND JMFC COURT, KARWAR AT UTTAR KANNADA IN M.A.14/2023 AT VIDE ANNEXURE-E AND CONFIRM THE ORDER ON I.A.NO.2 IN O.S.NO.196/2022. B. ISSUE SUCH OTHER SUITABLE ORDER/S OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP.NO.106571/2023: BETWEEN: SRI. SAYED ZAHIR S/O. SAYED ZAMIR, AGE: MAJOR, OCC. BUSINESS, R/O. GANDHI MARKET, KARWAR-581301. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: CITY MUNCIPAL COUNCIL R/BY. ITS COMMISSIONER, SRI. UDAY SHETTY, AGED ABOUT 52 YEARS, R/O. CMC, KARWAR-581302. …RESPONDENT (BY SRI. S.V. YAJI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 24.08.2023 PASSED BY ADDL. SR. CIVIL JUDGE AND JMFC COURT, KARWAR AT UTTAR KANNADA IN M.A.10/2023 ORDER DATED 24.08.2023 AT VIDE ANNEXURE-E AND CONFIRM THE ORDER DATED 09.02.2023 PASSED BY ADDL. CIVIL JUDGE AND JMFC II AT KARWAR, ON I.A.NO.2 IN O.S.NO.200/2022. B. ISSUE SUCH OTHER SUITABLE ORDER/S - 3 - HC-KAR NC: 2025:KHC-D:9917 WP No. 107608 of 2023 C/W WP No. 106571 of 2023 WP No. 107698 of 2023 OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP.NO.107698/2023: BETWEEN: SRI. MOHAMMAD RAFIQ A SHAIKH S/O. AMEER SHAMSHUDDIN SHAIKH, AGE: 49 YEARS, OCC. BUSINESS, R/O. GANDHI MARKET, KARWAR-581301. …PETITIONER (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: CITY MUNCIPAL COUNCIL R/BY. ITS COMMISSIONER, SRI. UDAY SHETTY, AGED ABOUT 52 YEARS, R/O. CMC, KARWAR-581302. …RESPONDENT (BY SRI. S.V. YAJI, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, A. ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 24.08.2023 PASSED BY ADDL. SR.CIVIL JUDGE AND JMFC COURT, KARWAR AT UTTAR KANNADA IN M.A.08/2023 AT VIDE ANNEXURE-E AND CONFIRM THE ORDER ON I.A.NO.2 IN O.S.NO.200/2022. B. ISSUE SUCH OTHER SUITABLE ORDER/S OR DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT AND PROPER IN THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - HC-KAR NC: 2025:KHC-D:9917 WP No. 107608 of 2023 C/W WP No. 106571 of 2023 WP No. 107698 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned counsel for the petitioners files a memo, which reads as under: “Herein the above name Petitioner begs to file this memo as under: In the above top noted petition the petitioner seeks the leave of this Hon’ble Court to withdraw the petition since the matter has become Infectious. Hence petitioner may permit to withdraw the petition. Hence the memo.” 2. The Memo is placed on record. Accordingly, the writ petitions are dismissed as infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 40