(1.) Delay condoned. Leave granted.
(2.) This appeal has been preferred by the appellant- State of Karnataka against the judgment dated 23rd June, 2010 passed by the High Court of Karnataka, Circuit Bench at Gulbarga in Writ Appeal No.2999 of 2004 (LB- RES). By the impugned judgment, the Division Bench of the High Court while allowing the writ appeal observed as follows:
(3.) The factual matrix of the case is as follows: