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2025 DAILYLAW 47900 (KAR)

SHREE KAVALE MATH (SANSTHANI TRUST) v. THE STATE OF KARNATAKA

WA/100530/2022 · 2025-03-25

C M Poonacha, S G Pandit

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Judgment text

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- 1 - NC: 2025:KHC-D:5430-DB WA No. 100530 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100530 OF 2022 (LB-RES) BETWEEN: SHREE KAVALE MATH (SANSTHANI TRUST) FOR GOD SARASWAT SAMARTH COMMUNITY BY SHRIMAD SHIVANAND SARASWATI SWAMI, AGED ABOUT 39 YEARS, OCC. RELIGIOUS PREACHING SOLE TRUSTEE SOLE TRUSTEE AND WAHIWATDAR OF SHREE KAVALE MATH, KAVALE, TQ PONDA, GOA. R/BY THE GPA HOLDER SRI. SHARAD MOHANRAO KESHKAMAT AGED 50 YEARS, OCC. BUSINESS, R/AT. FLAT NO.501, SHANTADURGA RESIDENCY, 2ND MAIN, 11TH CROSS, SADASHIV NAGAR, BELAGAVI. …APPELLANT (BY SRIYUTHS. MRUTYUNJAY TATA BANGI & S.S. YALIGAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, VIDHAN SOUDHA, BENGALURU-01. 2. THE POLICE TRAINING SCHOOL KHANAPUR KHANAPUR, DIST. BELAGAVI-590001. 3. THE LAND TRIBUNAL, KHANAPUR, DIST. BELAGAVI-590001. 4. SRI. NARAYANA S/O THAMANNA SHANBHAGUE AGE. MAJOR, R/AT. KSRP ROAD, KHANAPUR, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5430-DB WA No. 100530 of 2022 DIST. BELAGAVI-590001. 5. SRI. JAMALUDDIN S/O LATE SULEMAN MATHIKOP AGE. 59 YEARS, OCC. AGRICULTURE, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. 6. SMT. MEHBOOB BI W/O ABDUL GANI AGE. 80 YEARS, OCC. NIL, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. 7. SMT. KHAIRUN R MUAWAR D/O ABUDL GHANI MATHIKOP AGE. 61 YEARS, OCC. NIL, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. 8. SMT. SUBIADA RAHIM MOMIN D/O ABDUL GHANI MATHIKOP AGE. 40 YEARS, OCC. NIL, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. 9. SRI. BASHORA W/O NAZEER MATHIKOP AGE. 65 YEARS, OCC. NIL, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. 10. SRI. ANSAR S/O NAZEER AHMED MATHIKOP AGE. 48 YEARS, OCC. AGRICULTURE, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. 11. SRI. MOHAMMAD SHAFI S/O LATE ABDUL GHANI MATHIKOP AGE. 55 YEARS, OCC. AGRICULTURE, R/AT. MANASAPUR, TQ. KHANAPUR, DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2) (NOTICE TO R3 TO R11 ARE SERVED) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE ORDER PASSED BY THIS HON’BLE COURT IN W.P. NO.75864 OF 2013 DATED 19/10/2022 INSOFAR AS ITS REALTIES TO OBSERVATION THAT - 3 - NC: 2025:KHC-D:5430-DB WA No. 100530 of 2022 POSSESSION OF THE WRIT PETITIONER SHOULD NOT BE DISTURB BY ALLOWING THE PRESENT APPEAL TO THAT IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Sri. Mrutyunjay Tata Bangi, learned counsel appearing for the appellant, after arguing the matter for some time, seeks leave of the Court to withdraw the appeal and files a Memo, dated 25.03.2025 in that regard. Memo is placed on record. Accordingly, writ appeal is dismissed as withdrawn. Pending I.As., if any, stand disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS,CT:VP LIST NO.: 1 SL NO.: 4