The Union Gymkhana, Bc-148 vs The Union Of India on 12 January, 2022

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Karnataka High Court

The Union Gymkhana, Bc-148 vs The Union Of India on 12 January, 2022

Bench: S.G. Pandit

         IN THE HIGH COURT OF KARNATAKA,
                  DHARWAD BENCH

       DATED THIS THE 12TH DAY OF JANUARY 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT

                            AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

         WRIT APPEAL No.100156/2021 (GM-PP)

BETWEEN:

THE UNION GYMKHANA
BC-148
GLR SURVEY NO.73, CAMPT,
BELGAUM CANTONMENT-590 001
REPRESENTED BY IS PRESIDENT
                                         ...APPELLANT
(BY SRI.MANJUNATH MELED, ADVOCATE
 AND SRI.T.M.NADAF, ADVOCATE)

AND

1.    THE UNION OF INDIA
      MINISTRY OF DEFENCE
      SOUTH BLOCK,
      NEW DELHI, 110001
      REPRESENTED BY
      THE DEFENCE SECRETARY

2.    THE ESTATES OFFICER
      KARNATAKA CIRCLE,
      BENGALURU,
      KARNATAKA 560042

3.    THE DEFENCE ESTATES OFFICER,
      KARNATAKA CIRCLE,
                             2



     BENGALURU,
     KARNATAKA 560042
                                           ...RESPONDENTS
(BY SRI.M.B.KANAVI, ADVOCATE)

      THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON'BLE COURT TO SET
ASIDE   THE   ORDER    DATED    16.07.2021   PASSED  IN
W.P.NO.102476/2021 (GM-PP) TO THE EXTENT OF DIRECTING
THE APPELLANT HEREIN TO EXERCISE THE ALTERNATIVE
REMEDY OF APPEAL UNDER THE PUBLIC PREMISES (EVICTION
OF UNAUTHORISED OCCUPANTS) ACT.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, S.G. PANDIT J., PASSED THE
FOLLOWING:

                         ORDER

The appellant is before this Court under Section 4 of the Karnataka High Court Act, 1961 assailing the order dated 16.07.2021 in Writ Petition No.102476/2021, by which the learned Single Judge relegated the appellant to file appeal under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1974.

2. Learned counsel for the appellant, Sri.Manjunath Meled after arguing the appeal at length, files a memo dated 12.01.2022 seeking permission to withdraw this appeal. Memo reads as follows: 3

"The appellant submits as under:

The appellant wishes to obey the order passed by the Learned Single Judge and wishes to prefer Appeal before the District Judge under the Provisions of P.P. Act. The appellant may be permitted to withdraw this writ appeal. Hence this memo."

3. Memo is placed on record. The appeal is dismissed as withdrawn.

4. However, the learned District Judge is requested to dispose of the appeal in an expeditious manner, if such appeal is filed by the appellant under the provisions of the Public Premises (Eviction of Unauthorized Occupants) Act, 1974.

5. The protection granted by the learned Single Judge not to precipitate the matter, is extended till 25.01.2022.

SD/-

JUDGE SD/-

JUDGE sh

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