- 1 - HC-KAR NC: 2026:KHC:11153-DB WA No. 1448 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 1448 OF 2024 (LB-RES) BETWEEN: KUNDAPURA TOWN PLANNING AUTHORITY 1ST FLOOR, TOWN MUNICIPAL BUILDING KUNDAPURA, UDUPI-576201 BY ITS MEMBER SECRETARY NAVEENA G.S. S/O SIDDESHAPPA B.G. AGED ABOUT 33 YEARS, …APPELLANT (BY SRI. PRASAD HEGDE K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SECRETARIAT OF URBAN DEVELOPMENT SOUDHA BUILDING, AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU, KARNATAKA-560 001 BY ITS PRINCIPAL SECRETARY 2. DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHAADRI MANIPAL, UDUPI-576 104 3. OFFICE OF THE ASSISTANT DIRECTOR TOWN AND COUNTRY PLANNING A BLOCK, 2ND FLOOR, RAJATHAADRI DEPUTY COMMISSIONERS OFFICE COMPLEX Digitally signed by RAKSHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:11153-DB WA No. 1448 of 2024 MANIPAL, UDUPI-576 104 4. SRI. AJITH KUMAR SHETTY S/O LATE K. RAJEEV SHETTY AGED ABOUT 70 YEARS R/AT. NAGARAJA MANDIRA HALGARAJA POST AND VILLAGE KUNDAPURA TALUK, UDUPI-576 211 5. SRI. KAMARAJ SHETTY S/O SRI. AJITHKUMAR SHETTY AGEDA BOUT 43 YEARS R/AT NAGARAJAMANDIRA HALGARAJA POST AND VILLAGE KUNDAPURA TALUK, UDUPI-576 211 …RESPONDENTS (BY SRI. KIRAN KUMAR, HCGP FOR R1 TO R3; R4 & R5 ARE SERVED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN WP No.25205/2023 (LB) DATED 02.08.2024 BY THE LEARNED SINGLE JUDGE AND DISMISS THE WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:11153-DB WA No. 1448 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Sri. Prasad Hegde K., learned counsel appearing for the appellant seeks leave of the Court to withdraw the appeal and has filed a memo to that effect. The memo reads as under; "In the above writ appeal the appellant has challenged the order made in W.P No.25205/2023. As per the order made in the said writ petition the respondent No.4 and 5 herein need not to relinquish their right of road margin in favor of the authority as per condition No.17 of plan sanction. However, after filing the writ appeal relinquish deed is made in favour of the Municipal authority on 11.11.2025 by the subsequent purchaser. Hence the above writ appeal becomes infructuous. Hence direction issued in the writ petition may be set-aside. Therefore, the above writ appeal may be disposed as having become infructuous in the interest of justice." - 4 - HC-KAR NC: 2026:KHC:11153-DB WA No. 1448 of 2024 2. In view of the memo filed, the appeal is dismissed as withdrawn. The contentions raised in the appeal are kept open. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 0