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2025 DAILYLAW 3294 (KAR)

KRISHNAPPA S/O NINGAPPA MARAPURE v. THE STATE OF KARNATAKA

WP/107306/2017 · 2025-02-19

Suraj Govindaraj

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Judgment text

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- 1 - NC: 2025:KHC-D:3319 WP No. 107306 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107306 OF 2017 (KLR-RR/SUR) BETWEEN: SHRI KRISHNAPPA S/O. NINGAPPA MARAPURE, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. (SINCE DEAD REPRESENTED BY LRS) 1(A). ANNAPURNA W/O KRISHNAPPA MARAPURE, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: LATAWADI, TALUK: SHIROL, DIST: KOLHAPUR, MAHARASTRA STATE. 1(B) KALLAPPA S/O KRISHNAPPA MARAPURE, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: LATAWADI, TALUK: SHIROL, DIST: KOLHAPUR, MAHARASTRA STATE. 1(C) JAKKAVVA W/O MALLAPPA BHAGAYI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 1(D) SAKKUBAI D/O KRISHNAPPA MARAPURE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: LATAWADI, TALUK: SHIROL, DIST: KOLHAPUR, MAHARASTRA STATE. …PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:11 +0530 - 2 - NC: 2025:KHC-D:3319 WP No. 107306 of 2017 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU. 2. THE LAND TRIBUNAL CHIKODI REPRESENTED BY ITS CHAIRMAN, TALUK: CHIKODI, DIST: BELAGAVI. 3. THE TAHASILDAR, CHIKKODI, TALUK: CHIKKODI, DIST: BELAGAVI. 4. SMT. LAXMIBAI W/O. VASUDEV KADEKAR, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: NEAR MAHALAXMI TEMPLE, OPPOSITE SRI. DATTATRAYA TEMPLE, KOLHAPUR, MAHARASHTRA STATE. 5. APPAYYA S/O BEERA MARAPURE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 6. PUNDALIK S/O BEERA MARAPURE AGE: 70 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 7. SHEVANTA W/O DASHARAT MARAPURE AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 8. BERABAL S/O DASHARAT MARAPURE AGE: 30 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 9. PRATHIBHA W/O NINGAPPA HARAKE AGE: 22 YEARS, OCC: AGRICULTURE, R/O: BASAVAN GADDE, TALUK: CHIKODI, DIST: BELAGAVI. - 3 - NC: 2025:KHC-D:3319 WP No. 107306 of 2017 10. VASANTI W/O MARUTI MARAPURE AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O: BIRADI, TQ: RAIBAG, DIST: BELAGAVI. 11. TAYAVVA W/O TAMMANNA KHOT AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 12. SUMITRA W/O SIDDALING VALAKE AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: BIRADI, TQ: RAIBAG, DIST: BELAGAVI. 13. MARUTI W/O RAMU MARAPURE AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BIRADE, TQ: RAIBAG, DIST: BELAGAVI. 14. MANOHAR S/O SHIVAPPA MARAPURE AGE: 52 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. 15. DHAREPPA S/O NARAYAN MARAPURE AGE: 45 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; R6-R15 ARE SERVED; R4-INSUFFICIENT ADDRESS; R5-DECEASED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED:18.05.2012 IN KLR/SADALAGA/SR-168 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-A SO FAR AS IT RELATES TO GRANTING 1/2 SHARE SUIT LAND IN FAVOR OF THE RESPONDENTS NO.4 TO 9 ARE CONCERNED AND TO DIRECT 2ND RESPONDENT TO GRANT OCCUPANCY REMAINING 1/2 PORTION OF THE SUIT LAND R.S.NO.958 MEASURING 4 ACRES 7 GUNTAS SITUATED AT SADALAGA TO THE PETITIONER AND RESPONDENTS NO.10 TO 15 BY ALLOWING THIS WRIT PETITION. - 4 - NC: 2025:KHC-D:3319 WP No. 107306 of 2017 THIS PETITION COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) To Issue writ in the nature of certiorari to quash the impugned order dated:18.05.2012 in KLR/SADALAGA/SR-168 passed by the 2nd respondent vide ANNEXURE-A so far as it relates to granting 1/2 share suit land in favor of the respondents No.4 to 9 are concerned; b) To issue writ in the nature of mandamus directing the 2nd respondent to grant occupancy remaining 1/2 portion of the suit land R.S.No.958 measuring 4 Acres 7 Guntas situated at Sadalaga to the petitioner and respondents No.10 to 15 by allowing this writ petition in the interest of justice and equity. 2. A memo dated 19.02.2025 signed by learned counsel for the petitioners has been filed, which reads as under: “That the advocate for the petitioner most humbly begs to submits as under: That the petitioner is not interested to prosecute the writ petition. Hence, it is most humbly prayed that this Hon’ble Court may kindly be pleased to dismiss the above Writ - 5 - NC: 2025:KHC-D:3319 WP No. 107306 of 2017 petition as not pressed, by allowing this memo in the interest of justice and equity. Hence this memo.” 3. Accepting the said memo and the submission of the learned counsel appearing for the petitioners, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 59