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2023 Supreme(Online)(Kar) 32684

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2023 PRESENT THE HON'BLE MR JUSTICE G.NARENDAR AND THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR WRIT PETITION NO. 10543 OF 2020 (S-KSAT)

BETWEEN:

SMT SWAROOPA T K W/O OF K JAGADISH Digitally signed by C AGED ABOUT 49 YEARS HONNUR SAB WORKING AS ADDITIONAL DIRECTOR, Location: High DEPARTMENT OF INDUSTRIES AND COMMERCE Cou rt of VIKASA SOUDHA, Karnataka DR. B R AMBEDKAR VEEDHI, BENGALURU-560001.

…PETITIONER (BY SRI. ASHWINI RAJAGOPAL., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS VIDHANA SOUDHA, BENGALURU-560001.

2. ADDITIONAL CHIEF SECRETARY AND DEVELOPMENT COMMISSIONER, COMMERCE AND INDUSTRIES DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA (WRONGLY MENTIONED AS VIKASA SOUDHA IN THE APPLICATION CAUSE TITLE)

BENGALURU-560001.

3. ADDITIONAL CHIEF SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA (WRONGLY MENTIONED AS VIDHANA SOUDHA IN THE APPLICATION CAUSE TITLE) DR B R AMBEDKAR VEEDHI BENGALURU-560001.

…RESPONDENTS (BY SMT. M.C.NAGASHREE, AGA FOR R1-R3.)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 04.08.2020 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO.6829 OF 2018 (UNDER ANNEXURE-A TO THE WRIT PETITION) AND ALLOW THE APPLICATION NO.6829 OF 2018 (ANNEXURE-B) AND GRANT ALL CONSEQUENTIAL RELIEFS ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:

ORDER

On resumption of sitting during post lunch session mention is made by the learned counsel that a memo for withdrawal is filed.

The memo reads as under:

“Memo for withdrawal of the Writ Petition The Petitioner herein submits as follows:

1. The Petitioner herein had filed Application No. 6829 of 2018 (Annexure-B) before the Karnataka State Administrative Tribunal, aggrieved by the downgrading of her rating in the Annual Performance Reports (APR) for the period 2014-15 and 2015-16 by the Accepting Authority without recording any reasons and without communicating the downgradation to her. The Hon’ble Tribunal, by order dated 04.08.2020 (Annexure-A) declined to grant the relief sought for by the Petitioner.

2. The instant writ Petition has been filed seeking the following reliefs:

a) Quash order dated 04.08.2020 passed by the Karnataka State Administrative Tribunal, Bengaluru in Application No. 6829 of 2018 (under Annexure-A to the writ petition) by issue of a writ in the nature of certiorari, and allow the Application No. 6829 of 2018 (Annexure- B), and grant all consequential reliefs, in the interest of justice and equity;

b) Issue such other appropriate writ, order or direction as this Hon’ble Court deems fit to grant in the interests of justice and equity, including the award of costs of this writ petition.

3. Apart from the various grounds and reasons urged in support of her contentions in the memorandum of writ petition as well as application before the Hon’ble Tribunal, the Petitioner was under a genuine apprehension that the downgrading of her APRs for the periods mentioned hereinabove would affect her prospects for selection to the Indian Administrative Services from among the other eligible Non-State Civil Services officers. The Petitioner has since been appointed to the Indian Administrative Services by notification dated 27.05.2022 against vacancies arisen between 01.01.2016 to 31.12.2016, and a copy the said notification is annexed hereto and marked as Document No.1.

4. Therefore, the purpose of the writ petition has spent itself and the issues agitated in the writ petition have now become academic in nature. In view of this, the Petitioner seeks the leave of this Hon’ble Court to withdraw the instant writ petition, reserving liberty to revive the writ petition if necessary, keeping open all contentions urged by the petitioner.

Wherefore, the petitioner prays that this memo may kindly be taken on record and the petitioner may be permitted to withdraw the writ petition, reserving liberty to revive the writ petition if necessary, keeping open all contentions urged by the petitioner, in the interest of justice and equity.

Sd/-

Bengaluru Jayanth Devkumar Date: 05-04-23 Advocate for Petitioner”

The memo is taken on record. Accordingly, the petition is dismissed as withdrawn.

JUDGE

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