- 1 - NC: 2025:KHC-D:389 WP No. 60697 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 60697 OF 2012 (LR) BETWEEN: SHETTEPPA S/O. MARIBASAPPA MULIMANI, (SINCE DECEASED BY HIS ONLY ONE LEGAL HEIR) 1(A) RAVI SHETTEPPA MULIMANI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: BYAHATTI, TQ: HUBBALLI, DIST: DHARWAD-580023. …PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE LAND TRIBUNAL, HUBLI, REPRESENTED BY ITS PRESIDENT. 2. THE TASHILDAR, HUBLI, TQ: HUBLI, DIST: DHARWAD. 3. THE DEPUTY COMMISSIONER, DHARWAD, DISTRICT: DHARWAD. 4. SMT. GANGAVVA, W/O. TAMMANAGOUDA TAMMANAGOUDAR, (SINCE DECEASED BY HER LRS) 4(A). SMT. PARVATI W/O. BENAKANAGOUDA PATIL, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. SUMSHI VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD. (SINCE DECEASED BY HER LRS) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:389 WP No. 60697 of 2012 4(A)(1). VENKANAGOUDA S/O. BENAKANAGOUDA PATIL, AGE: 30 YEARS, OCC: AGRICULTURE, R/O. SUMSHI VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD. (SINCE DECEASED BY HER LRS) 4(A)(1)(a). SMT. LALITAVVA W/O. VENKANAGOUDA PATIL, AGE: 51 YEARS, OCC: HOME MAKER, R/O. #830/A, NEAR NEW BUS STAND, KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD. 4(A)(1)(b) SMT. LALITAVVA W/O. BASAVARAJ TADASOOR, BEFORE MARRIAGE SUMA D/O. VENKANAGOUDA PATIL, AGE: 30 YEARS, OCC: HOME MAKER, R/O. NEAR MAILARALINGESHWAR TEMPLE, KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD. 4(A)(1)(c) SRI. SARVESHGOUDA W/O. VENKANAGOUDA PATIL, AGE: 26 YEARS, OCC: PRIVATE SERVICE, R/O. NEAR NEW BUS STAND, KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD. 4(A)(2) MANJULA W/O. BASANAGOUDA PATIL, AGE: 38 YEARS, OCC: HOUSEHOLD, R/O: BYAHATTI, TQ: HUBBALLI, DIST: DHARWAD. 4(B) SMT. GIRIJAVVA W/O. RAGHUNATHGOUDA PATIL, AGE: 48 YEARS, OCC: HOUSEHOLD, R/O: KAMADOLLI VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD. - 3 - NC: 2025:KHC-D:389 WP No. 60697 of 2012 4(C) SMT. YASHODHA W/O. BASANAGOUDA PATIL, AGE: 45 YEARS, OCC: HOUSEHOLD, R/O: HAROBELAVADI, TQ AND DIST: DHARWAD, (SINCE DECEASED BY HER LR) 4(C)(1) SMT. SUMA W/O. PRAVINKUMAR ANGADI, BEFORE MARRIAGE SUMA D/O. BASANAGOUDA PATIL, AGE: 38 YEARS, OCC: HOMEMAKER, R/O: NEAR BUS STAND, SAVADATTI ROAD, INAMHONGAL, DIST: BELAGAVI. 4(D) SMT. INDIRA W/O. BASANAGOUDA PATIL, AGE: 43 YEARS, OCC: HOUSEHOLD, R/O: BALAGANOOR, TQ & DIST: DHARWAD. 5. BASANAGOUDA S/O. TAMMANAGOUDA TAMMANAGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, 6. SHIVANAGOUDA S/O. TAMMANAGOUDA TAMMANAGOUDAR, AGE: MAJOR, OCC: AGRICULTURE, (ALL ARE RESIDENT OF BYAHATTI, TQ: HUBLI, DIST: DHARWAD. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; R4(A)(1)(A-C), R4(A)(2), R4(B), R4(C)(1), R4(D) IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER DATED:18/11/2011 BEARING NO.DCL/66/BHT/9+10+11+12 VIDE ANNEXURE-F PASSED BY THE 1ST RESPONDENT, AS NULL AND VOID, IN SO FAR AS LAND BLOCK NO.(R.S.NO.) 204 MEASURING 5 ACRES 18 GUNTAS, WHICH IS ALLOTTED TO PETITIONER AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:389 WP No. 60697 of 2012 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 a writ in the nature of certiorari to quash order dated 18/11/2011 bearing No.DCL/66/BHT/9+10+11+12 vide Annexure-F passed by the 1st respondent, as null and void, in so far as Land Block No.(R.S.No.) 204 measuring 5 acres 18 guntas, which is allotted to petitioner. B) Issue any other writ or direction as this Hon’ble Court may deems fit in the interest of justice and equity. 2. A memo dated 08.01.2025 has been filed seeking permission to withdraw the above petition, which reads as under: “The Petitioner respectfully submit as under: The Petitioner has filed this Petition for the following Reliefs: A] To issue a writ in the nature of certiorari to quash order dated 18/11/2011 Bearing No. DCL/66/BHT/9+10+11+12 Vide Annexure -F passed by the 1st Respondent as null and void. In so far as Block No.(R.S.No) 204 Measuring 5A-18G which is allotted Petitioner. B] Issue any other Writ or direction as this Hon'ble Court may deems fit in the interest of justice and equity. - 5 - NC: 2025:KHC-D:389 WP No. 60697 of 2012 The disputed land is Block No, 204 measuring 5A 18G (Total measuring 32A 33G) on Byahatti Village Tal: Hubballi. The Respondent No.4 to 6 are owners of the said land under the proceedings of Karnataka Land Reforms Act 1961. The said land was declared as excess land and further the Respondent No, 2 and 3 invoking power Under Section 77 of Karnataka Land Reforms Act 1961 distributed the said land in favour of Petitioner family. Similarly other lands were allotted In favour of Impleading Applicants. The owners challenged the order passed under the provisions of the Karnataka Land Reforms Act and the same concluded in the impugned order Annexure-F. In view of the impugned order the lands allotted to Petitioner and impleading applicants were restored to owners. And other lands Block No.90 Measuring 2A 3G, Block No. 224 Measuring 22A 10G and Block No. 57 Measuring 6A 17G are declared as excess lands and there is a further direction by 1st Respondent to take possession of the allotted lands from beneficiaries and make fresh allotments in the subsequent lands which are declared as excess lands. In view of the subsequent developments the Petitioner and Impleading Applicants are ready to approach to Respondent No.2 and 3 for Re- allotment as per impugned order Annexure-F. Hence Petitioner may kindly be permitted to withdraw the Writ Petition requesting the Hon'ble Court to issue appropriate directions to Respondent No.2 and 3 to allot the lands in favour of Petitioner and Impleading Applicants in compliance to Order Annexure-F, in the interest of Justice and Equity.” - 6 - NC: 2025:KHC-D:389 WP No. 60697 of 2012 3. Sri. Dinesh M. Kulkarni, learned counsel for the petitioner, submits that a direction may be issued to respondents No.2 and 3 to comply with the impugned order dated 18.11.2011 in a time-bound manner. 4. In that view of the matter, writ petition is dismissed as withdrawn, directing respondents No.2 and 3 to comply with and implement the impugned order dated 18.11.2011 within a period of 8 weeks from today. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 1