- 1 - NC: 2025:KHC:9907 WP No. 24768 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 24768 OF 2024 (SCST) BETWEEN: 1. SMT. SIDDAMMA W/O LATE MANJAPPA AGED ABOUT 69 YEARS 2. SMT NAGARATHANA W/O HALESHAPPA D/O LATE MANJAPPA AGED ABOUT 41 YEARS 3. SRI SURESH S M S/O LATE MANJAPPA AGED ABOUT 39 YEARS 4. SRI MOHAN KUMAR S M S/O LATE MANJAPPA AGED ABOUT 34 YEARS ALL ARE RESIDENTS OF SOMINAKOPPA VILLAGE KASABA HOBLI SHIVAMOGGA TALUK AND DISTRICT 577 216 …PETITIONERS (BY SRI. SUBRAHMANYA P D DATTATRAY HEGDE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING BENGALURU 560001 REP BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9907 WP No. 24768 of 2024 SHIVAMOGGA DISTRICT SHIVAMOGGA 577 201 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA 577 201 4. THE TAHSILDAR SHIVAMOGGA TALUK SHIVAMOGGA 577 201 5. SMT H SATHYA BHAMA SHANKAR W/O H S SHIVASHANKAR AGED ABOUT 67 YEARS AGRICULTURIST R/A SARVA SIDDHI BLOCK NO.70 GOPAL GOWDA LAYOUT SHIVAMOGGA TALUK AND DISTRICT 577 205 6. SRI B MAHARUDRAPPA S/O B SIDDALINGAPPA AGED ABOUT 58 YEARS AGRICULTURIST R/O MALEBENNUR VILLAGE HARIHARA TALUK 577 601 DAVANAGERE DISTRICT …RESPONDENTS (BY SRI. B.S. MAHENDRA., ADVOCATE FOR C/R5; SRI. S.V. PRAKASH., ADVOCATE FOR C/R6; SRI. YOGESH D.NAIK., AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE ORDER MADE IN NO. SC/ST/9/2024-25 DTD. 29/08/2024 (ANNX-V) PASSED BY THE R2 AUTHORITY, BEING ARBITRARY, ERRONEOUS AND NOT SUSTAINABLE IN LAW AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:9907 WP No. 24768 of 2024 ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other writ or order or direction, quashing the order made in No.SC/ST/9/2024-25 dated 29.08.2024 (Annexure- V) passed by the R2 authority, being arbitrary, erroneous and not sustainable in law. b. Issue writ of certiorari or any other writ or order or direction, quashing the order made in No. SC/ST/10/2024-25 dated 29.08.2024 (Annexure- V1) passed by the R2 authority, being arbitrary, erroneous and not sustainable in law. c. Confirm the order dated: 05.12.2023 made in PTCL.CR.No.16/2014-15 (Annexure-Q) passed by the respondent No.3 authority, in the interest of law, equity and justice. d. Grant such other and further reliefs as are just even including the costs of this application, in the interest of justice and equity. 2. Individual affidavits of each of the petitioners have been filed, which reads as under:- AFFIDAVIT I, Smt. Siddamma W/o. Late Manjappa, Aged about 69 years, R/o. Sominakoppa, Kasaba Hobli, Shivamogga Taluk and District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner No.1 in the above Writ petition and I know the facts of the case, hence I am swearing to this affidavit. - 4 - NC: 2025:KHC:9907 WP No. 24768 of 2024 2. I say that the above writ petition is filed challenging the Order made in appeal No.SC/ST/09/2024 and appeal No.SC/ST/10/2024 both dtd: 29.08.2024 passed by the respondent No.2, reversing the order made in PTCL.CR.16/2014-15 dtd: 05.12.2023 passed by the respondent No.3. 3. I say that I have filed the memo for withdrawal of the above writ petition on 03.03.2025 and this Hon'ble Court may be pleased to permit me to withdraw of the above writ petition, as prayed for in the said memo, in the interest of justice and equity. Whatever stated above in the paras are true and correct to the best of my knowledge, belief and information. AFFIDAVIT I, Smt. Nagarathana W/o. Haleshappa, Aged about 41 years, R/o. Sominakoppa, Kasaba Hobli, Shivamogga Taluk and District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner No.2 in the above Writ petition and I know the facts of the case, hence I am swearing to this affidavit. 2. I say that the above writ petition is filed challenging the Order made in appeal No.SC/ST/09/2024 and appeal No.SC/ST/10/2024 both dtd: 29.08.2024 passed by the respondent No.2, reversing the order made in PTCL.CR.16/2014-15 dtd: 05.12.2023 passed by the respondent No.3. 3. I say that I have filed the memo for withdrawal of the above writ petition on 03.03.2025 and this Hon'ble Court may be pleased to permit me to withdraw of the above writ petition, as prayed for in the said memo, in the interest of justice and equity. Whatever stated above in the paras are true and correct to the best of my knowledge, belief and information. AFFIDAVIT I, Suresh S.M. S/o Late Manjappa, Aged about 39 years, R/o. Sominakoppa, Kasaba Hobli, Shivamogga Taluk and District, today - 5 - NC: 2025:KHC:9907 WP No. 24768 of 2024 at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner No.3 in the above Writ petition and I know the facts of the case, hence I am swearing to this affidavit. 2. I say that the above writ petition is filed challenging the Order made in appeal No.SC/ST/09/2024 and appeal No.SC/ST/10/2024 both dtd: 29.08.2024 passed by the respondent No.2, reversing the order made in PTCL.CR.16/2014-15 dtd: 05.12.2023 passed by the respondent No.3. 3. I say that I have filed the memo for withdrawal of the above writ petition on 03.03.2025 and this Hon'ble Court may be pleased to permit me to withdraw of the above writ petition, as prayed for in the said memo, in the interest of justice and equity. Whatever stated above in the paras are true and correct to the best of my knowledge, belief and information. AFFIDAVIT I, Mohan Kumar S.M. S/o. Late Manjappa, Aged about 34 years, R/o. Sominakoppa, Kasaba Hobli, Shivamogga Taluk and District, today at Bengaluru, do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner No.4 in the above Writ petition and I know the facts of the case, hence I am swearing to this affidavit. 2. I say that the above writ petition is filed challenging the Order made in appeal No.SC/ST/09/2024 and appeal No.SC/ST/10/2024 both dtd: 29.08.2024 passed by the respondent No.2, reversing the order made in PTCL.CR.16/2014-15 dtd: 05.12.2023 passed by the respondent No.3. 3. I say that I have filed the memo for withdrawal of the above writ petition on 03.03.2025 and this Hon'ble Court may be pleased to permit me to withdraw of the above writ petition, as prayed for in the said memo, in the interest of justice and equity. Whatever stated above in the paras are true and correct to the best of my knowledge, belief and information. - 6 - NC: 2025:KHC:9907 WP No. 24768 of 2024 3. The learned counsel for the petitioners submits that in terms of the said affidavits and the memo filed for withdrawal of the petition, the petitioners may be permitted to withdraw the above petition. 4. Accepting the affidavits, memo for withdrawal as also submission of the learned counsel for the petitioners, the Writ Petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 3