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Karnataka High Court

Amaregouda @ Amareshgouda Patil vs The Karnataka Power Transmission on 15 October, 2019

Author: Alok Aradhe

Bench: Alok Aradhe

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 15 T H DAY OF OCTOBER, 2019

                       PRESENT

       THE HON'BLE MR.JUSTICE ALOK ARADHE

                         AND

        THE HON'BLE MR.JUSTICE P.G.M. PATIL

     WRIT APPEAL NOS.100100-101/2019 (GM-KEB)

BETWEEN:

1.    AMAREGOUDA @ A MARESHGOUDA PA TIL
      S/O ADANAGOUDA PATIL,
      AGE: 50 YEARS ,
      OCC: AGRICULT URE & ADV OCATE,

2.    BASAVARAJAPPA,
      S/O MALKAJAPPA BANDER
      AGE: 50 YEARS ,
      OCC: AGRICULT URE & ADV OCATE,

      BOTH ARE R/ O: N AVALAHALLI ,
      TQ: KUSHTA GI,
      DIST: KOPPAL- 583277.
                                       ... APPELLANTS
(BY SRI. P.G.MOGALI, ADVOCATE)

AND

1.    THE KARNATAKA POWER TRANSMISS ION
      CORPORATION LIM ITED,
      REP.BY ITS EXECUTIVE ENGINEER ( ELECTRICA L)
      MAJOR WORKS DI VISION, K OPPAL A T,
      TQ & DIST: KOPPA L-583231.
                                  2




2.  THE DEPUTY COM MISSIONER AND
    DISTRICT MAGISTRATE,
    KOPPAL AT,
    TQ & DIST: KOPPA L-583231.
                                    ... RES PONDENTS
(BY SRI. B.S.KAM ATE, ADV OCATE F OR R1;
    SRI G.K .HIREGOUDAR, GOVT.A DVOCATE FOR R2)


     THESE       WRIT     APPEALS     ARE      FI LED      UNDER
SECTION 4 OF KARNATAKA HIGH COURT ACT , 1961,
PRAYING TO SET ASIDE THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE IN W .P.NOS.101921- 22/2018
(GM-KEB)     DATED       23.01.2019   AN D     CONSEQUENTLY
ALLOW      THE   WRIT     PETITION        NOS.101921- 22/2018
ALONG WITH COS T, IN THE INTEREST OF JUSTICE AN D
EQUIRY .


     THESE       WRIT      APPEALS        COMING      ON      FOR
PRELIMINARY HEA RING THIS DAY, ALOK ARADHE , J,
DELIVERED THE F OLLOWING:


                          JUDGMENT

Sri P.G.Mogali, learned counsel for the appellants. Sri B.S.Kamate, learned counsel for respondent No.1. Sri G.K.Hiregoudar, learned Government Advocate for respondent No.2.

2. Learned counsel for the appellants after arguing the matter to some extent, seeks 3 leave of this Court to withdraw these writ appeals with the liberty to file an application seeking review of the order dated 23.01.2019 passed by the learned single Judge of this Court.

3. In view of the aforesaid submission, we deem it appropriate to dispose of the writ appeals with the liberty to the appellants that in case the appellants file appeal seeking leave of this Court to file review of the order dated 23.01.2019 passed in W.P.Nos.101921-922/2018 within a period of four weeks from today, they shall be entitled to the benefit of principles contained in Section 14 of the Limitation Act, 1963.

With the aforesaid liberty, the writ appeals are disposed of.

In view of disposal of the writ appeals, pending interlocutory applications, if any does 4 not survive for consideration and accordingly disposed of.

Sd/-

JUDGE Sd/-

JUDGE CLK