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2025 DAILYLAW 59178 (KAR)

SMT SHANTADEVI W/O LATE SIDDAPPA DESAI v. THE STATE OF KARNATAKA

WP/108995/2025 · 2025-11-27

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16556 WP No. 108995 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108995 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. SHANTADEVI W/O. LATE SIDDAPPA DESAI, AGE: 54 YEARS, OCC: HOMEMAKER. 2. SRI. DEVREDDY SIDDAPPA DESAI, S/O. LATE SIDDAPPA DESAI, AGE: 23 YEARS, OCC: STUDENT. 3. SRI. GURURAJ SIDDAPPA DESAI S/O. LATE SIDDAPPA DESAI, AGE: 20 YEARS, OCC: STUDENT. 4. SRI. GANGAPPA @ SHARAD S/O. LATE CHANDRASHEKAR DESAI, AGE: 55 YEARS, OCC: AGRICULTURIST, ALL ABOVE NAMED PETITIONERS R/O. SONNA VILLAGE, BILAGI HOBLI, BILAGI TALUK, BAGALKOT DIST-587116. …PETITIONERS (BY SRI. SUDHIR KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND FAMILY WELFARE, #105, 1ST FLOOR, VIKASAS SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETYARY. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.29 11:19:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16556 WP No. 108995 of 2025 2. THE COMMISSIONER, OFFICE OF COMMISSIONERATE, HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 5TH FLOOR, MAGADI ROAD, BENGALURU-560023. 3. DISTRICT HEALTH OFFICER, DEPARTMENT OF EHALTH AND FAMILY WELFARE, SECTOR-22, NAVA NAGAR, BAGALKOTE DISTRICT-587103. 4. TAHASILDAR OFFICE OF TAHASILDAR BILAGI TALUKA, BILAGI-587116. 5. CHIEF ENGINEER, DEPARTMENT OF PUBLIC WORKS, JALAMANDALI COMPOUND, NEAR D.C. OFFICE, DHARWAD-580001. 6. THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, SUB-DIVISION, BILAGI. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS RELATING TO LND-111/5-6-26 OF FOURTH RESPONDENT ISSUED BY THE THEN DISTRICT COLLECTOR, BIJAPUR AS PER ANNEXURE-A SUPRA AND ON PERUSAL OF THE SAME, ISSUE A DIRECTION IN THE NATURE OF CERTIORARI OR DIRECTION THEREBY QUASHING THE SAID IMPUGNED LETTER DATED 29/07/2015 VIDE ANNEXURE- H BEARING NO. fDPÀÄPÀ¨Á/C©ªÀÈ¢Þ/11/2015-16 ISSUED BY THE THIRD RESPONDENT AND LETTER DATED 06.01.2021 VIDE ANNEXURE-L BEARING NO. ¸ÀPÁ¤AE/¯ÉÆÃE/G«/©Ã/¸ÀªÉð £ÀA.655/ªÀÄ£À«:2020-21 ISSUED BY THE SIXTH RESPONDENT AS ILLEGAL, ARBITRARY AND UNSUSTAINABLE IN NATURE AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:16556 WP No. 108995 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Learned counsel for the petitioners submits that the petitioners’ ancestors had leased the property to the respondents-State. 2. It is submitted that the lease period has expired. Hence, application is filed to handover the possession and the respondents-State has declined to handover the possession. 3. The remedy for the petitioners is to file a civil suit. Accordingly, writ petition is not entertained. 4. Hence, the following: ORDER i. Writ petition is dismissed. ii. If the civil suit is filed, same shall be considered in accordance with law, without - 4 - HC-KAR NC: 2025:KHC-D:16556 WP No. 108995 of 2025 being influenced by the dismissal of the writ petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM Ct:vh List No.: 1 Sl No.: 18