THE MYSORE INCOME TAX EMPLOYEES V. THE STATE OF KARNATAKA

WP/43824/2019

AI Insights

The case involves the Mysore Income Tax Employees, House Building Cooperative Society Ltd., which filed a writ petition against the State of Karnataka and others, seeking to quash an endorsement issued by the Assistant Registrar of Cooperative Societies. The endorsement was contested in relation to cooperative society regulations. However, the petitioner decided to withdraw the petition, as advised by legal counsel, due to the emergence of subsequent judgments that rendered the pursuit of this writ petition inappropriate. The court acknowledged the withdrawal and dismissed the petition, allowing the petitioner the option to seek other legal remedies.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 736067 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 16-11-2023
• Assessment Year: misc
• Laws Referred To: Articles 226 and 227 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: MILIZD DANGE; NAVEEN GUDIKOTE; G B SHARATH GOWDA
• Assessee Lawyers: HARSHITHA HIREMATH
• Keywords: Withdrawal of Petition; Writ petition; Quash Endorsement

Judgement Text

" - 1 - NC: 2023:KHC:40994 WP No. 43824 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF NOVEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 43824 OF 2019 (CS-RES) BETWEEN: THE MYSORE INCOME TAX EMPLOYEES, HOUSE BUILDING COOPERATIVE SOCIETY LTD., C/O. INCOME TAX OFFICES, NO.21/16, AAYAKAR BHAVAN, RESIDENCY ROAD, MYSORE - 570 010. REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SMT. HARSHITHA B. HIREMATH, ADVOCATE FOR SRI. C. M. NAGABUSHANA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COOPERATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MYSORE DIVISION, PUBLIC OFFICE BUILDINGS, OPP TO CORPORATION OFFICE, NEW SAYYAJI RAO ROAD, MYSORE - 560 024. 3. SMT. SHEELA SUNDARESHAN, AGED ABOUT 53 YEARS, Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2023:KHC:40994 WP No. 43824 of 2019 W/O. SUNDARESHAN, R/AT NO.21, 6TH CROSS, 2ND MAIN, 16TH BLOCK, SHAKTHINAGAR, MYSORE - 570 019. 4. SRI. LOKESH, AGED ABOUT 49 YEARS, S/O LATE H. NARAYAN, R/AT NO.26, 2ND CROSS, DVC BLOCK, RAMAKRISHNANAGAR, MYSORE - 570 023. 5. SRI. RANGANATHAN, AGED ABOUT 51 YEARS, S/O. P. RANGANATHA SHETTY, R/AT NO.44, \"SRI RANGA\", 9TH CROSS, I BLOCK, RAMAKRISHNANAGAR, MYSORE - 570 023. 6. MYSORE URBAN DEVELOPMENT AUTHORITY, JANSHI BAI LAKSHMI ROAD, CHAMARAJAPURA, MYSORE - 560 005. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. MILIZD DANGE, AGA FOR R1 AND R2; SRI. NAVEEN GUDIKOTE S, ADVOCATE FOR R3 TO R5; SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ON 11.03.2019 BEARING NO. ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE -F AND ETC., - 3 - NC: 2023:KHC:40994 WP No. 43824 of 2019 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The learned counsel for the petitioner has filed a memo, which reads as follows : \"The petitioner submits that, the petition is filed praying to quash the endorsement dated 11-03-2019 issued by the 2nd respondent at Annexure -F. In view of the subsequent judgments rendered by this Hon'ble Court it is advised to the petitioner that pursuing the above writ petition may not be appropriate and it has to avail other legal remedies. As such a resolution was passed by the petitioner's Society on 27-08-2023 resolving to withdraw the above petition. In that regard a letter is also addressed to the counsel on record. The copy of the letter as well as the resolution are enclosed herewith. In view of the resolution the petitioner is not willing to prosecute the above writ petition. Hence, this memo. WHEREFORE, the petitioner humbly prays that this Hon'ble Court be pleased to permit the petitioner to withdraw the above writ petition with a liberty to avail other legal remedies available in law in the interest of justice and equity.\" - 4 - NC: 2023:KHC:40994 WP No. 43824 of 2019 2. In view of the above, the writ petition is dismissed as withdrawn reserving liberty to the petitioner to avail other remedies available under law. Sd/- JUDGE SNC List No.: 1 Sl No.: 48 CT: BHK "