- 1 - NC: 2025:KHC:12378 WP No. 22613 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22613 OF 2022 (SCST) BETWEEN: SRI. RAMDAS S/O. GORDANDAS, AGED ABOUT 82 YEARS, R/AT GERYPALYA DHAKLE GRAMA KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH, REPRESENTED BY HIS GPA HOLDER, SRI. P. KRISHNA MURTHY NAIDU, S/O. P. GOVINDA SWAMY NAIDU, AGED ABOUT 53 YEARS, R/AT NO. 48/1, 5TH CROSS, WILSON GARDEN, BENGALURU-560027. …PETITIONER (BY SRI. ERAPPA REDDY M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, BENGALURU-560 009. 3. TASHILDAR BENGALURU SOUTH TALUK, BENGALURU-560 009. 4. SMT. KEMPAMMA D/O. LATE VENKATACHALAIAH, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12378 WP No. 22613 of 2022 WO. BHIMAIAH, AGED ABOUT 65 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 5. SRI. VENKATESH S/O. LATE VENKATACHALAIAH, AGED ABOUT 62 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 6. SRI. KEMPAIAH S/O. LATE VENKATACHALAIAH, AGED ABOUT 60 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 7. SRI. CHIKKA KEMPAIAH S/O. LATE VENKATACHALAIAH, AGED ABOUT 58 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 8. SRI. PARTHAIAH S/O. LATE VENKATACHALAIAH, AGED ABOUT 56 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 9. SRI. MUTHAHANUMAIAH S/O. LATE HANUMANTHAIAH, AGED ABOUT 60 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 10. SRI. RAMAKRISHNA S/O. LATE HANUMANTHAIAH, AGED ABOUT 58 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. - 3 - NC: 2025:KHC:12378 WP No. 22613 of 2022 11. SRI. NAGARAJU S/O. LATE HANUMANTHAIAH, AGED ABOUT 56 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 12. SRI. VENKATESHA S/O. LATE HANUMANTHAIAH, AGED ABOUT 54 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 13. SRI. L. RAMACHANDRA S/O. LATE R. NARAYANA RAO, AGED ABOUT 75 YEARS, KUMBALAGODU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH-560074. 14. MRS. JANCY LABO W/O. GEORGE LABO, AGED ABOUT 60 YEARS, SHYAMANAHALLI, SAKALESHPUR TALUK, HASSAN DISTRICT-573 134. 15. SMT. PRIYANKA D/O. GEROGE LABO, AGED ABOUT 40 YEARS, SHYAMANAHALLI, SAKALESHPUR TALUK, HASSAN DISTRICT-573 134. 16. SRI. THIONEL S/O. GEROGE LABO, AGED ABOUT 38 YEARS, SHYAMANAHALLI, SAKALESHPUR TALUK, HASSAN DISTRICT-573 134. …RESPONDENTS (BY SRI. YOGESH .D. NAIK., AGA FOR R1 TO R3; V/O DATED 12.12.2024 NOTICE TO R4 TO R13, R15 & R16 IS H/S) - 4 - NC: 2025:KHC:12378 WP No. 22613 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT OR DIRECTION AND TO QUASH ANNEXURE-L BEARING NO KSC/ST(S)/09/97-98 DATED 02.02.2009 PASSED BY THE R2 AND ANNEXURE-M BEARING NO KSC.ST.(S) 7/97-98 DATED 22.04.2000 PASSED BY THE R2 AND ALL ACTIONS TAKEN IN PURSUANCE OF THE SAME AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of certiorari or such other writ or direction and to quash Annexure-L bearing No. KSC/ST(S)/09/97-98 dated 02.02.2009 passed by the R2 and Annexure-M bearing No. KSC.ST.(S)/7/97-98 dated 22.04.2000 passed by the R2 and all actions taken in pursuance of the same. ii. To declare that the orders passed as per Annexure- L bearing No. KSC/ST(S)/09/97-98 dated 02.02.2009 passed by the 2nd respondent and Annexure-M bearing No. KSC ST.(S) 7/97-98 dated 22.04.2000 passed by the R2 are not binding on the petitioner. iii. To award costs of this petition. iv. To pass such other order or orders as this Hon’ble court deems fit to grant in the circumstances of the case in the interest of justice and equity. - 5 - NC: 2025:KHC:12378 WP No. 22613 of 2022 2. A memo dated 17.3.2025 has been filed and signed by the petitioner and the counsel for the petitioner, which reads as under; MEMO FOR WITHDRAWAL OF THE WRIT PETITION The Petitioner most respectfully submits as follows: 1. The Petitioner had preferred this writ petition by challenging the Order passed by the Assistant Commissioner in KSC/ST(S)9/97-98 dated 02.02.2009 (annexure-L) and KSC/ST(S)7/97-98 dated 22.04.2000 (annexure-M). 2. In view of the above said orders, the Assistant Commissioner restored the lands to the LR's of the original grantees. Subsequent to that the LR's of the original grantees obtained sale permission from the Government in PTCL (DST) 11/2005-06 in respect of land in Sy No.168 and as per the order dated 17.10.2012 in No. PTCL (S) CR 2/2012-13 in respect of Sy No.169. After obtaining permission from the Government, all the LR's as per the registered absolute sale deed dated 26.10.2016 registered as document No.3067/2010-11 and as per the absolute registered sale deed dated 04.01.2013 registered as document No. 10026/2012-13 sold the same to one Mr.Prakashnath @ Shekarappa. Hence the Respondents No.4 to 16 have no manner of right, title or interest with respect to the property involved in this writ petition since the same was conveyed in favour of the said Mr. Prakashnath @ Shekarappa. 3. The said Mr.Prakashnath @ Shekarappa, had in turn obtained a Layout plan from the BDA and has also formed a residential Layout in the said survey numbers along with other larger extents of land. The common areas, Road, Parks, etc., in the said Sy.No.168 and 169 are also relinquished to the BDA and third Party rights are also created over the said property and possession is also with third parties. Hence the same is a civil dispute which cannot be gone into by this Hon'ble Court in this writ petition. - 6 - NC: 2025:KHC:12378 WP No. 22613 of 2022 4. It is submitted that However at the intervention of common well-wishers and Real Estate Agents the dispute is settled by and between the Petitioner and the subsequent purchaser Mr.Prakashnath @ Shekarappa. As per the terms of the Settlement took place by and between the Petitioner and Mr.Prakashnath @ Shekarappa, a sum of Rs.1,56,00,000/- is fixed as settlement amount and the same was paid by Mr.Prakashnath @ Shekarappa to the Petitioner in the following manner: A. A sum of Rs.76,00,000/- is paid by way of account payee cheque baring No.058207, dated 10.03.2025, drawn on Axis Bank, Uttarahalli Branch, Bangalore. B. A sum of Rs.80,00,000/- is paid by way of account payee cheque baring No.058180, dated 10.03.2025, drawn on Axis Bank, Uttarahalli Branch, Bangalore. The petitioner acknowledges receipt of the said cheques subject to realization. After that the Petitioner also agreed to execute Confirmation Deed by confirming the title of the said Mr.Prakashnath @ Shekarappa with respect to said lands. Hence the dispute involved in this writ petition is settled fully and finally. In view of the said settlement took place by and between the petitioner and the subsequent purchaser out of court this writ petition does not survive for consideration and hence the same may be dismissed as withdrawn as settled out of Court and hence the Memo for withdrawal. PRAYER: The Petitioner humbly prays that this Hon'ble Court may be pleased to dismiss the writ petition as settled out of Court by permitting the Petitioner to withdraw this writ petition without granting any liberty to approach again in the interest of Justice. - 7 - NC: 2025:KHC:12378 WP No. 22613 of 2022 3. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 3