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2025 DAILYLAW 50189 (KAR)

SHIVAPPA MAHADEVAPPA YALIVAL S/O MAHADEVAPPA YALIVAL v. STATE OF KARNATAKA

WP/101565/2025 · 2025-06-12

Pradeep Singh Yerur

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:7557 WP No. 101565 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101565 OF 2025 (GM-RES) BETWEEN: SHIVAPPA MAHADEVAPPA YALIVAL, S/O. MAHADEVAPPA YALIVAL, FATHER OF BASAVARAJ @ BASAPPA, SHIVAPPAYALIVAL, CTP NO.5051, AGED ABOUT 70 YEARS, R/O. HIREHONNALLI, KALGHATAGI, HIREHONNALLI, DHARWAD DISTRICT, KARNATAKA-580114. …PETITIONER (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD-580008. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY DIRECT THE RESPONDENT 2 TO RELEASE THE SON OF THE PETITIONER BASAVARAJ @ BASAPPA, SHIVAPPA YALIVAL CTP NO.5051 LODGED AT DHARWAD PRISON, ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7557 WP No. 101565 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Learned counsel for the petitioner files a memo to withdraw the petition. 2. On the previous date of hearing, this Court has passed an order directing learned AGA to ascertain the genuinity and veracity of the medical certificate issued by the Doctor at Annexure-A. The same shall be pursued by the State to go into the genuinity and veracity of Annexure-A issued by the issuing authority of the Doctor and submit a report to the Court. 3. In the meanwhile, since the petitioner wants to withdraw this petition, this Court cannot keep the petition pending. 4. The memo reads as under: “The petitioner most respectfully submits that the petitioner need to withdraw this present petition as the police report in respect of accepting the parole application with a no objection is supposed to be forwarded to the prison only because this case is pending the said report is not forwarded. - 3 - HC-KAR NC: 2025:KHC-D:7557 WP No. 101565 of 2025 Wherefore it is respectfully prayed that this Hon’ble court may be pleased to consider this memo in the interest of justice.” 5. The memo and submission are placed on record. 6. This petition is dismissed as withdrawn. The report shall be filed by the State within a period of four weeks. Sd/- (PRADEEP SINGH YERUR) JUDGE kmv CT-MCK