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2025 Supreme(Online)(Kar) 17272

KARNATAKA HIGH COURT
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL, JJ
HUBLI-DHARWAD URBAN DEVELOPMENT AUTHORITY – Appellant
Versus
SMT. VIJAYALAKSHMI – Respondent
WRIT APPEAL NO.100646 OF 2024



Advocates:
For the Appellants/Petitioners: G.I. GACHCHINAMATH
For the Respondents: MALLIKARJUNSWAMY B. HIREMATH

Consent between parties to modify a sanction plan removes the need for further adjudication.

Headnote:This writ appeal, challenging an order from WP No. 104752/2024, involves the quashing of a notice issued by the appellant to the respondent. The dispute was resolved during the proceedings through a consent for a modified sanction plan. The court found no further adjudication necessary. The appeal is disposed off in view of the resolution between parties.

Table of Content
1. challenge to a quashed notice under writ appeal. (Para 1)
2. dispute resolution through consent to modify sanction plan. (Para 2)
3. court finds no further need for adjudication. (Para 4)

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

This writ appeal is filed by the Hubballi - Dharwad Urban Development Authority challenging the order dated 10.09.2024 passed by the learned Single Judge in WP No. 104752/2024 where the learned Single Judge has quashed the notice dated 29.07.2024 issued by the appellant to the respondent.

2. It is submitted by the learned counsel for the appellant as well as the learned counsel appearing for the respondent that during the pendency of this proceedings, the dispute between the parties have been resolved and the memo is filed to that effect.

3. Memo reads as under;

“Memo It is submitted that during the pendency of the writ Appeal the petitioner has given the consent for issuing the modified sanction plan. Accordingly the plan stands modified and the revised plan is also issued to the petitioner. The copies of the consent and the modified sanction plan are herewith produced as Documents No.1 and 2. Hence the order passed by the Single Judge may kindly be set aside and the Writ Appeal may kindly be disposed of in terms of the modified sanction plan in the interest of justice and equity.”

4. In view of the aforesaid memo, we are of the considered view that the appellant has issued the modified sanction plan to the respondent and in view of the same, nothing remains to be adjudicated with regard to the dispute between the parties.

With the above observations, the appeal is disposed off. Pending I.As are disposed of.

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