Hanumantappa S/O Hanamappa Arasanakeri vs. The Assistant Commissioner Of

Facts

The petitioner, Hanumantappa, a works contractor, filed a writ petition before the High Court of Karnataka, Dharwad Bench. The petition was listed for orders regarding non-compliance with office objections for the third time. The petitioner's counsel submitted a memo seeking permission to withdraw the petition, stating that the petitioner had taken a conscious decision to do so and would not seek recalling of any order passed. The court was informed that the memo had been filed.

Held

The Court considered the oral submission made by the learned counsel for the petitioner and the memo filed. The Court noted that the petitioner had taken a conscious decision to withdraw the petition and would not seek recalling of any order passed. Based on this, the Court allowed the withdrawal. The principle derived is that a petitioner, having made a conscious decision to withdraw a writ petition and agreeing not to seek recalling of any subsequent order, will be permitted to withdraw. The operative direction was to dismiss the writ petition as withdrawn.

Key Issues

1. Whether the petitioner should be permitted to withdraw the writ petition, considering the non-compliance with office objections and the conscious decision of the petitioner to withdraw. This issue turns on the procedural rules governing writ petitions and the court's discretion to allow withdrawal. The petitioner argued for withdrawal, citing a memo filed by their counsel and confirming a conscious decision. The respondents did not record any specific arguments on this issue, as the matter was proceeding based on the petitioner's request for withdrawal.