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2025 DAILYLAW 39912 (KAR)

H G DINESH v. THE STATE OF KARNATAKA

WP/2885/2023 · 2025-09-12

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36247 WP No. 2885 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.2885 OF 2023 (GM-RES) BETWEEN: 1. H. G. DINESH, S/O H. G. GOPAL, AGED ABOUT 54 YEARS, R/A KOTHOORU VILLAGE & POST, PONNAMPETE TALUK, KODAGU – 571 216. 2. M. G. ANIL, S/O M. B. GANESH, AGED ABOUT 48 YEARS, 3. M. G. SUNIL, S/O M. B. GANESH, AGED ABOUT 46 YEARS, PETITIONER NOS.2 & 3 ARE R/A KAANOORU, BALALE ROAD, KOTHOORU VILLAGE & POST, PONNAMPETE TALUK, KODAGU - 571 216. 4. M. M. RAVINDRA S/O MEDAPPA M. B., AGED ABOUT 51 YEARS, BEKKESODLUR VILLAGE & POST, PONNAMPET TALUK, KODAGU – 571 216. …PETITIONERS (BY SRI. B. MADHAUSUDHAN ADIGA, ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36247 WP No. 2885 of 2023 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M. S. BUILDING V FLOOR, BANGALORE – 560 001, BY ITS PRINCIPAL SECRETARY. 2. DEPARTMENT OF PUBLIC WORKS, ROOM NO.335, 3RD FLOOR, VIKASA SOUDHA, BANGALORE – 560 001, BY ITS PRINCIPAL SECRETARY. 3. DEPARTMENT OF MINOR IRRIGATION, VIKASA SOUDHA, BENGALURU - 560 001, BY THE PRINCIPAL SECRETARY. 4. DEPUTY COMMISSIONER & DISTRICT MAGISTRATE, KODAGU DISTRICT, DC OFFICE COMPLEX, MADIKERI – 571 201. 5. THE TAHSILDAR, PONNAMPET TALUK, TALUK OFFICE, PONNAMPET – 571 216. 6. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, KODAGU,1ST FLOOR NEAR COURT, FORT, MADIKERI – 571 201 7. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, DC OFFICE COMPELX, II FLOOR MADIKERI – 571 201 8. SMT. H. K. SUJATHA, AGED ABOUT 55 YEARS, - 3 - HC-KAR NC: 2025:KHC:36247 WP No. 2885 of 2023 W/O H. C. KRISHNA, 9. SMT. H. C. KRISHNA, AGED ABOUT 60 YEARS, S/O CHIKKANNA, RESPONDENT NOS.8 & 9 ARE R/A BEKKESODLUR VILLAGE & POST, PONNAMPETE TALUK, KODAGU – 571 216. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R-1 TO R-7; SRI. KIRAN KUMAR, ADVOCATE FOR R-8 AND R-9) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OF LIKE NATURE OR DIRECTION DIRECTING: a) THE RESPONDENT NOS.8 & 9 TO FORTHWITH REMOVE ALL THE MUD FILLED UP IN THE NALA/NATURAL STREAM LYING BEHIND AND ADJACENT TO THEIR ABOVE SAID LAND MORE FULLY DESCRIBED IN THE SCHEDULE HEREUNDER WRITTEN THEREBY ENSURING THE ADEQUATE FLOW OF WATER TO THE LOWING LYING LANDS OF THE PETITIONERS; b) IN THE EVENT OF FAILURE ON THE PART OF RESPONDENT NOS.8 & 9 TO DO SO, DIRECT THE RESPONDENT NOS.4 TO 7 RESPONDENTS TO GET THE MUD REMOVED FROM THE SAID NALA AND ENSURE THE SMOOTH FLOW OF WATER AS BEFORE; c) DIRECT THE RESPONDENT NOS.8, 9, 4 TO 7 TO GET A RETAINING WALL CONSTRUCTED IN THE SCHEDULE LAND TO PREVENT LANDSLIDE OF DUMPED MUD/LOOSE SOIL DURING THE RAINY SEASON. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:36247 WP No. 2885 of 2023 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The learned counsel for the petitioners files a memo which reads as under: “The petitioners in the above case seeks permission of this Hon’ble Court to withdraw the above petition with liberty to file a fresh Petition if need be. Hence the petition may be dismissed as withdrawn.” As such, the petition stands dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE JJ List No.: 3 Sl No.: 13