R. MUNISWAMY vs. THE STATE OF KARNATAKA

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WP/38940/2018HC KarnatakaKAHC01014518201823 October 2018Bench: VINEET KOTHARI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court allowed the petitioner's request to withdraw the writ petition. The opposite counsels had no objection to the withdrawal.

What were the facts?

The petitioner filed a writ petition challenging Section 49 of the Karnataka (Gram Swaraj & Panchayat Raj) Act, 1993, as unconstitutional. The petitioner later filed a memo seeking to withdraw the petition.

What were the issues?

The primary issue was the constitutional validity of Section 49 of the Karnataka (Gram Swaraj & Panchayat Raj) Act, 1993. However, the case was disposed of on procedural grounds.

Which sections of the Income-tax Act were involved?

Article 14, Article 226

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 23rd DAY OF OCTOBER 2018

BEFORE

THE HON'BLE Dr.JUSTICE VINEET KOTHARI

WRIT PETITION No.38940/2018 (LB-RES)

BETWEEN:

R. Muniswamy S/o late Rangappa Aged 50 years President and Member Of Gollahalli Gram Panchayath Kengeri, Bengaluru-560074.

…Petitioner (By Mr. D.R. Ravishankar, Advocate)

AND:

1.

The State of Karnataka By Secretary Department of Panchayath Raj M.S. Building Dr. B.R. Ambedkar Veedhi Bengaluru-560001.

2.

The Assistant Commissioner Bengaluru South Taluk Kandaya Bhavana K.G. Road, Bengaluru-560009.

3.

The Executive Officer Bengaluru South Taluk Panchayath S. Kariyappa Road

Date of Order 23-10-2018 W.P.No.38940/2018 R. Muniswamy Vs. The State of Karnataka & Ors.

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Banashankari Bengaluru-560070.

4.

K. Gollahalli Gram Panchayath Bengaluru South Taluk Gollahalli, Bengaluru-560074 Represented by Panchayath Development Officer.

…Respondents

(By Mrs. Prathima Honnapura, AGA for R1 & R2 Mr. Ganesha P, Advocate for C/R4)

**** This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of appropriate nature to declare Section 49 of Karnataka (Gram Swaraj & Panchayat Raj) Act, 1993 as unconstitutional and violative of Article 14 of the Constitution of India in view of the principles laid down in the case of Sahara India Vs. Commissioner of Income Tax reported in 2008 14 SCC 151 & etc.

This Writ Petition coming on for Orders this day, the Court made the following:-

ORDER

Mr. D.R. Ravishankar, Adv. for Petitioner Mrs. Prathima Honnapura, AGA for R1 & R2 Mr. Ganesha P, Adv. for C/R4

1.

The learned counsel for the petitioner has filed a Memo dated 23/10/2018 seeking leave of this Court to withdraw the present writ petition. 2. The opposite counsels have no objection.

Date of Order 23-10-2018 W.P.No.38940/2018 R. Muniswamy Vs. The State of Karnataka & Ors.

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3.

Accordingly, the present writ petition is dismissed as withdrawn.

Sd/- JUDGE

BMV*

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