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2025 DAILYLAW 57992 (KAR)

ISMAIL SHARIIFF v. THE STATE OF KARNATAKA

WP/15476/2025 · 2025-07-14

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25860 WP No. 15476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15476 OF 2025 (LB-RES) BETWEEN: 1. ISMAIL SHARIIFF S/O LATE P. ALIYABBA AGED ABOUT 54 YEARS NEAR ZARA CONVENTION HALL BADAGULIPADI VILLAGE GANJIMATA, MANGLORE TALUK D.K. DISTRICT-574 144 REP. BY HIS GPA HOLDER ZAKIR HUSSAIN ALIYABBA S/O LATE P. ALIYABBA AGED ABOUT 54 YEARS R/AT NO. 1-65, PADRENGI HOUSE TENKAYEDAPADAVU VILLAGE SHIBRIKERE POST, MANGALURU D.K. DISTRICT-574 144. …PETITIONER (BY SRI. S. RAJASHEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU 560 001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25860 WP No. 15476 of 2025 2. CHIEF EXECUTIVE OFFICER DAKSHINA KANNADA ZILLA PANCHAYATH ZILLA PANCHAYATH OFFICE KOTTARA, MANGLORE- 574 153. 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH, MANGALORE TALUK PANCHAYATH OFFICE, MINI VIDHANA SOUDHA MANGLORE- 574 153. 4. THE PANCHAYAT DEVELOPMENT OFFICER GANJIMATA GRAMA PANCHAYAT GANJIMATA, BADAGULIPADI MANGLORE, D.K. DISTRICT- 574 153. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1; SRI. SHARANJITH SHETTY, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 4TH RESPONDENT TO CONSIDER THE REPRESENTATION DATED 15.01.2025, 29.01.2025 SUBMITTED BY THE PETITIONER AND ALSO TO TAKE ACTION PURSUANT TO ISSUANCE OF NOTICE DATED 07.03.2025 BEARING NO. GAM.GRA.PAM.C.R BY THE RESPONDENT NO.4 TO ZARA CONVENTION CENTER VIDE ANNEXURE A TO C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:25860 WP No. 15476 of 2025 ORAL ORDER This petition is filed seeking for a mandamus to direct respondent No.4 to consider the representations dated 15.01.2025 and 29.1.2025 submitted by the petitioner vide Annexures-A and B and also to take action pursuant to the notice issued by respondent No.4 to Zara Convention Center vide Annexure-C. 2. This petition is filed seeking implementation of the directions issued by the Deputy Commissioner vide Annexure-H. This direction was admittedly issued to Ganjimath Grama Panchayath within whose jurisdiction, the property in question is situated. 3. Today, a memo has been filed by the learned counsel for the petitioner, enclosing the affidavit of the petitioner, indicating that the dispute has been amicably resolved through an agreement entered into between the parties on 26.06.2025. A copy of the Demand Draft is also placed on record, evidencing that during the pendency of - 4 - HC-KAR NC: 2025:KHC:25860 WP No. 15476 of 2025 the proceedings, the petitioner and Zara Convention Center, represented by its Managing Partner, have settled the dispute mutually. The petitioner has acknowledged receipt of a sum of Rs.12,00,000/- as full and final settlement, by way of a Demand Draft bearing No.156163 dated 25.06.2025. The memo and the accompanying affidavit are taken on record. 4. In view of the settlement and the compensation having been paid to the petitioner, the grievances raised in the present petition no longer survive for adjudication. 5. Accordingly, based on the affidavit filed by the petitioner through his General Power of Attorney holder, the petition stands disposed of as having been settled. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 70