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2025 DAILYLAW 21871 (KAR)

P GIRISH v. STATE OF KARNATAKA

WA/393/2022 · 2025-01-21

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - NC: 2025:KHC:2272-DB W.A. No.393/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.393/2022 (LR) BETWEEN: P. GIRISH S/O LATE PANDURANGA RAO AGED ABOUT 49 YEARS R/AT. 'GIRISHA NILAYA' BEHIND TALUKA OFFICE NYMATI VILLAGE, BELAGUTTI HOBLI HONNALI TALUK DAVANAGERE DISTRICT REP. BY HIS GPA HOLDER A.S. GOPINATH S/O LATE A.S. SRIPATHI RAO AGED ABOUT 63 YEARS R/AT NO.MIG 255 'BHARATHA NIALAYA K H B LAYOUT, KALLAHALLI SHIVAMOGGA-577402. …APPELLANT (BY SRI. PARASHURAM R. HATTARAKIHAL, ADV.,) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS SECRETARY. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2272-DB W.A. No.393/2022 2. THE LAND TRIBUNAL HONNALI TALUK HONNALI-577217 DAVANAGERE DISTRICT REP. BY ITS CHAIRMAN. 3. THE TAHASILDAR HONNALI TALUK HONNALI-577217 DAVANAGERE DISTRICT. 4. THE REVENUE INSPECTOR BELAGUTTI HOBLI HONNALI TALUK-577217 DAVANAGERE DISTRICT. 5. LOKESHWARAPPA S/O LATE DODDA ESHWARAPPA SINCE DEAD BY LRS. 5(a) SRI. VEERABHADRAPPA S/O LATE LOKESHWARAPPA AGED ABOUT 65 YEARS. 5(b) SMT. SHANTAMMA W/O LATE MAHESHAPPA DEAD BY LRS. 5(c) SMT. ANJALI D/O LATE MAHESHAPPA W/O SRI. PRADEEP AGED ABOUT 25 YEARS R/AT C/O KADEMANI SHIVALINGAPPA GONDI CHAKNAHALLI VILLAGE HOLALURU HOBLI SHIMOGA TALUK AND DISTRICT-577402. 5(d) ESHWARAPPA S/O LATE LOKESHWARAPPA AGED ABOUT 55 YEARS. - 3 - NC: 2025:KHC:2272-DB W.A. No.393/2022 5(e) PARAMESHWARAPPA S/O LATE LOKESHWARAPPA AGED ABOUT 52 YEARS. 9. JAYAPPA S/O LATE LOKESHWARAPPA AGED ABOUT 49 YEARS. EXCEPT 5(c), ALL ARE R/O. NYAMATHI VILLAGE BELAGUTTI HOBLI HONNALI TALUK DAVANAGERE DISTRICT-577217. …RESPONDENTS (BY SRI. DEVARAJ C.H. GOVT., ADV., FOR R1 TO R4 SRI. R. GOPAL, ADV., FOR R5 (a, c, d & e)) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 04.03.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.30549/2015 (LR), AND CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED FOR. AND PASS ANY ORDER OR DIRECTION AS DEEM FIT TO THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellant has filed a memo dated 21.01.2025 seeking withdrawal of the appeal. - 4 - NC: 2025:KHC:2272-DB W.A. No.393/2022 2. The memo reads as under: "It is submitted that the above appeal was listed on 6.6.2024 before this Hon'ble Court for compliance of office objections to file translated copies. On that day the undersigned counsel appeared and took time & later on 8.6.2024, the counsel has issued notice to the GPA holder & the appellant both calling upon them to come & instruct properly & comply the office objection, the said notice was duly served but they have not approached the counsel. It is further submitted that meanwhile the son of the GPA holder of the appellant contacted over phone & said that the GPA holder A.S.Gopinath died and said that he is not interested in continuing the above proceedings/appeal, hence this Memo for withdrawal. The copies of the legal notice, original postal receipts & postal track sheets are enclosed herewith for kind perusal of this Hon'ble Court Wherefore, the undersigned counsel respectfully prays that this Hon'ble Court be - 5 - NC: 2025:KHC:2272-DB W.A. No.393/2022 pleased to withdraw the above appeal as not pressed, in the interest of justice & equity." 3. In view of the said memo, the appeal is dismissed as withdrawn. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 20