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2025 DAILYLAW 49779 (KAR)

SRI YANKAPPA S/O PEETEPPA LAMANI ALIAS BANAKAR v. THE STATE OF KARNATAKA

WP/104836/2023 · 2025-09-16

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12113 WP No. 104836 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104836 OF 2023 (KLR-RES) BETWEEN: 1. SRI. YANKAPPA S/O. PEETEPPA LAMANI @ BANAKAR, AGE: 65 YEARS, OCC. AGRICULTURE, R/O. CHOGACHIKOPPA, TQ. HIEKERUR, DIST. HAVERI- 581111. 2. SRI. NANEPPA S/O. PEETEPPA LAMANI @ BANAKAR, AGE: 55 YEARS, OCC. AGRICULTURE, R/O. CHOGACHIKOPPA, TQ. HIEKERUR, DIST. HAVERI- 581111. 3. SRI. TIPPANNA S/O. PEETEPPA LAMANI @ BANAKAR, AGE: 52 YEARS, OCC. AGRICULTURE, R/O. CHOGACHIKOPPA, TQ. HIEKERUR, DIST. HAVERI- 581111. 4. SRI. CHANDRAPPA S/O. PEETEPPA LAMANI @ BANAKAR, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. CHOGACHIKOPPA, TQ. HIEKERUR, DIST. HAVERI- 581111. 5. SRI. UMESH PEETEPPA LAMANI @ BANAKAR, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. CHOGACHIKOPPA, TQ. HIEKERUR, DIST. HAVERI- 581111. &PETITIONERS (BY SRI. NAVEEN CHATRAD, ADVOCATE) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12113 WP No. 104836 of 2023 AND: 1. THE STATE OF KARNATAKA R/BY. ITS SECRETRY, DEPARTMENT OF REVENUE, VIDHAN SOUDA, BENGALURU-560001. 2. DEPUTY COMMISIONER HAVERI- 581110. 3. THE ASSISTANT COMMISIONER HAVERI- SUB DIVISION, HAVERI. 4. THE TAHASILDAR HIREKERUR, DIST. HAVERI- 581111. &RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R4) --- THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION DATED 14.12.2016 PASSED BY THE RESPONDENT NO.2 IN REV/CR.26/2014-15 AND ALSO THE ORDER DATED 19.01.2022 PASSED BY THE RESPONDENT NO.2 IN KAM GRA.VI,VAHI.26/2014-15 VIDE ANNEXURE-A AND B SO FOR IT RELATES TO SURVEY NO.160/1 MEASURING 4A-20G SITUATED AT CHOGACHIKOPPA OF HIREKERUR TALUK OF HAVERI- DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY 2) ISSUE A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE NAMES OF THE PETITIONERS IN THE RTC PERTAINING TO SURVEY NO.160/1 MEASURING 4A-20G SITUATED A CHOLGACHIKOPPA OF HIREKERUR TALUK OF HAVERI- DISTRICT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12113 WP No. 104836 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1. Issue a Writ of nature of Certiorari quashing the impugned Notification dated 14.12.2016 passed by the Respondent No.2 in Rev/CR.26/2014-15 and also the order dated 19.01.2022 passed by the respondent No.2 in Kam Gra.Vi.Vahi.26/2014-15 vide Annexure-A and B so for it relates to Survey No.160/1 measuring 4A-20G situated at Chogachikoppa of Hirekerur Taluk of Haveri District in the interest of justice and equity. 2. Issue a writ, order or directions in the nature of Mandamus directing the Respondents to restore the names of the petitioners in the RTC pertaining to Survey No.160/1 measuring 4A-20G situated a Cholgachikoppa of Hirekerur Taluk Of Haveri District in the interest of justice and equity. 3. Such other writ or order direction as this Hon9ble Court deems fits on the facts and circumstances of the case in the interest of justice and equity. 2. A memo dated 16.09.2025 singed by the learned counsel for the petitioners, has been filed, which reads as under: - 4 - HC-KAR NC: 2025:KHC-D:12113 WP No. 104836 of 2023 Petitioner respectfully submits as under, It is submitted Petitioner want to settle the issue amicably before the Respondent No.2 to 4. Therefore now the Petitioners do not wants to prosecute the present petition. Therefore it is respectfully prayed that this Hon9ble Court may kindly be pleased to permit the Petitioners to withdraw the above Writ petition in the interest of justice and equity.= 3. Accepting the said memo and submission of learned counsel for the petitioners, 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.: 2 Sl No.: 57