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2025 DAILYLAW 47243 (KAR)

ANNAPPA H S/O H KERIYAPPA v. STATE OF KARNATAKA

WP/104801/2023 · 2025-09-22

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12818 WP No. 104801 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104801 OF 2023 (LB-ELE) BETWEEN: ANNAPPA H S/O. H KERIYAPPA, A/A. 53 YEARS, AGRICULTURIST, R/O. UPPALEKOPPA, PO. UMBALEKOPPA, TQ. SIRSI, DIST. UTTARAKANNADA-581318. …PETITIONER (BY SRIYUTHS. VAGEESH R. HEGDE AND VINAYAK V. HEGDE, ADVOCATES) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, M.S.BUILDING, BANGALORE-560001. 2. STATE ELECTION COMMISSION REP. BY ITS SECRETARY, K.S.C.M.F., BUILDING, NO.8, 1ST FLOOR, CUNNINGHAM ROAD, BANGALORE-560001. 3. DEPUTY COMMISSIONER UTTARA KANNADA DISTRICT, TQ. KARWARA-581301. 4. THE ASSISTANT COMMISSIONER SUB DIVISION, SIRSI, TQ. SIRSI (N.K.)-581401. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12818 WP No. 104801 of 2023 5. THE TAHASHILDAR SIRSI TALUK, TQ. SIRSI (N.K)-581401. 6. THE GRAMPANCHAYAT UNCHALLI REP. BY PANCHAYAT DEVELOPMENT OFFICER, TQ. SIRSI, DIST. (N.K.)-581318. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 & R3 TO R5; SHIVARAJ BELLAKKI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT 1, 2, 3, AND 4 TO INCLUDE THE CAST OF THE PETITIONER I ANNEXURE-E AND IN GOVERNMENT NOTIFICATION NO. RDP-5, ZPS 95/(1) DATED ON 13/1/1995 ISSUED UNDER PANCHAYAT RAJ ACT 1993.2) ISSUE THE WRIT IN THE NATURE OF MANDAMUS OR DIRECTION TO THE RESPONDENTS TO PROVIDE AN OPPORTUNITY TO THE PETITIONER TO PARTICIPATE IN THE ELECTION OF GRAMA PANCHAYAT UNCHALLI SCHEDULED TO BE HELD ON 10 AUGUST 2023 AS PER ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue writ in the nature of mandamus directing the respondent 1, 2, 3, and 4 to include the cast of the petitioner in Annexure-E and in - 3 - HC-KAR NC: 2025:KHC-D:12818 WP No. 104801 of 2023 government notification No. RDP-5, ZPS 95/(1) dated on 13/1/1995 issued under panchayat raj act 1993. 2. Issue the writ in the nature of mandamus or direction to the respondents to provide an opportunity to the petitioner to participate in the election of Grama Panchayat Unchalli scheduled to be held on 10 August 2023 as per Annexure-B in the interest of justice and equity. 3. Issue the writ of mandamus or direction to the respondents as this Hon’ble Court deems fit to meet the interest of justice and equity. 2. A memo dated 22.09.2025, signed by the learned counsel for the petitioner has been filed, which reads as under: “Herein the advocate for the Petitioners begs to submits as under: That in the above writ petition, the petitioner seeking writ of mandamus by directing the Respondents to include the case of the petitioner in the Government Notification and permission to participate in the Panchayat election. Now the petitioner is not intend to prosecute the matter. Hence this Hon’ble Court may kindly be permit the petitioners to withdraw the above petition. Hence this memo.” - 4 - HC-KAR NC: 2025:KHC-D:12818 WP No. 104801 of 2023 3. Accepting the said memo and submission of the counsel for the petitioner, petition is dismissed as withdrawn. 4. In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE gab Ct:pa List No.: 1 Sl No.: 228