Sri B A Kuttappa vs. The State Of Karnataka

WP/10356/2022HC KarnatakaGSTCNR KAHC01022119202229 June 2022Bench: S.G.PANDIT3 pages
For Petitioner: SRI.KANISHK RAVINDRAN, ADVOCATE FOR SRI.RAJASHEKAR S., ADVOCATE
AI SummaryRemanded

Facts

The petitioner, Sri. B. A. Kuttappa, filed a writ petition before the Karnataka High Court. The petition was related to an amount due to the petitioner from the respondent authorities, which are various departments and officials of the State of Karnataka, including the Department of Forest, Ecology and Environment. The petitioner had made representations and issued a legal notice regarding the outstanding amount. The respondent authorities, represented by the High Court Government Pleader, submitted that the due amount, after deduction of GST, had been deposited into the petitioner's bank account.

Held

The Court noted the submissions made by both the petitioner's counsel and the High Court Government Pleader. The petitioner's counsel stated that the petition would not survive as the petitioner had received the amount due. The State's counsel confirmed that Rs. 98,56,000/-, after deduction of GST, had been deposited into the petitioner's bank account. Based on these submissions, the Court concluded that the purpose of the writ petition had been fulfilled. Therefore, the Court held that the petition had become infructuous. No specific GST provisions were discussed in detail, but the deduction of GST from the amount paid was acknowledged.

Key Issues

1. Whether the writ petition has become infructuous due to the payment of the amount due to the petitioner? The petitioner's counsel argued that the petition would not survive for consideration as the petitioner had received the amount due to him. The respondent State argued that the amount of Rs. 98,56,000/-, after deduction of GST, had been deposited into the petitioner's bank account, implying that the grievance of the petitioner had been addressed.

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF JUNE, 2022

BEFORE

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

WRIT PETITION NO.10356 OF 2022 (GM - FOR)

BETWEEN:

SRI. B. A. KUTTAPPA, S/O LATE APPAIAH, AGED ABOUT 62 YEARS, R/AT PULIYAR VILLAGE, AMMATHI NAD, VIRAJPET TALUK, KODAGU DISTRICT – 571 218. ... PETITIONER

(BY SRI.KANISHK RAVINDRAN, ADVOCATE FOR SRI.RAJASHEKAR S., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001. REPRESENTED BY ITS CHIEF SECRETARY.

2.

THE DEPARTMENT OF FOREST,

ECOLOGY AND ENVIRONMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

2

3.

THE PRINCIPAL CHIEF CONSERVATOR

OF FORESTS, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 003. 4. THE CHIEF CONSERVATOR OF FORESTS, MADIKEREI DIVISION, MADIKERI, KODAGU DISTRICT – 571 218. 5. THE DEPUTY CONSERVATOR OF FORESTS, VIRAJPET DIVISION, VIRAJPET, KODAGU DISTRICT – 571 218. 6. THE RANGE FOREST OFFICER, GOVERNMENT TIMBER DEPOT, THITHIMATHI, PONNAMPET TALUK, KODAGU DISTRICT –

The judgment continues below.

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