- 1 - HC-KAR NC: 2025:KHC:31477 WP No. 4488 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4488 OF 2024 (T-RES) BETWEEN: M/S H.K. INDUSTRIES KELTHAJI, KANNYADI VILLAGE, PERMANU POST, BELTHANGADI, DAKSHINA KANNADA - 574 214, TIN: 29181108138 REPRESENTED BY ITS PROPRIETOR SRI. P. ISMAIL. …PETITIONER (BY SRI. DUNDAPPA RACHAPPA KAPAL GANTI, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER OF COMMERCIAL TAXES VANIJYA BHAVAN, GANDHINAGAR, BENGALURU - 560 009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31477 WP No. 4488 of 2024 3. THE COMMERCIAL TAX OFFICER (AUDIT) BELTHANGADY, DAKSHINA KANNADA - 574 214. …RESPONDENTS (BY SRI. K. HEMA KUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING SECTION 63(4) OF THE KARNATAKA VALUE ADDED TAX ACT IS OPPOSED TO THE PRINCIPLES OF NATURAL JUSTICE DIRECTING THE HONBLE KARNATAKA APPELLATE TRIBUNAL BANGALORE TO DECIDE THE APPEAL FILED BY THE PETITIONER ON 29.03.2022 IN STA NO. 36/2022 FOR THE ASSESSMENT YEAR 2015-16 UNDER THE CST ACT ON MERIT OF THE CASE AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: - 3 - HC-KAR NC: 2025:KHC:31477 WP No. 4488 of 2024 "MEMO FOR WITHDRAWAL The petitioner above named submits before this Hon'ble High Court that, the petitioner had filed petition before this Hon'ble High Court, and the same is pending for consideration, During the pendency of the case the Appeal pending before the Hon'ble Karnataka Appellant Tribunal was dismissed in STA.35/2022, STA.36/2022, STA.37/2022 hence this petition has become infructuous, Therefore, under the above circumstances it is requested before this Hon'ble High Court to consider the above made submission and permit us to withdraw the above case in the interest of justice." In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 5 CT: BHK