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2025 DAILYLAW 59209 (KAR)

SRI ANTONY AGNELA DSLIVA v. THE STATE OF KARNATAKA

WP/105936/2025 · 2025-10-16

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14001 WP No. 105936 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105936 OF 2025 (LB-RES) BETWEEN: 1. SRI. ANTONY AGNELA DSLIVA, AGE: 55 YEARS, OCC: BUSINESS, R/O. PLOT NO.2, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 2. SRI. AYUB RAJSAB SOLAD, AGE: 60 YEARS, OCC: BUSINESS, R/O. PLOT NO.3 & 4, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 3. SRI. GANGADHAR RAMANNA GUNJIKAR, AGE: 51 YEARS, OCC: BUSINESS, R/O. PLOT NO.5, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 4. RAJESH S/O. SURENDRA VERNEKAR, AGE: 56 YEARS, OCC: BUSINESS, R/O. PLOT NO.6 AND 7, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 5. DR. ANUP S/O. ANIL MADADOLKAR, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:12 +0100 - 2 - HC-KAR NC: 2025:KHC-D:14001 WP No. 105936 of 2025 AGE: 40 YEARS, OCC: DOCTOR, R/O. PLOT NO.8, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TQ: HALIYAL, DISTRICT: KARWAR-581325. 6. SRI. VENKATESH RAMARAO KAMATH, AGE: 73 YEARS, OCC: BUSINESS, R/O. PLOT NO.10, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 7. SMT. MALLIKA PRAKASH SHETTY, AGE: 50 YEARS, OCC: BUSINESS, R/O. PLOT NO. 11, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, DISTRICT: KARWAR-581325. 8. SRI. SUNIL KAMALAKAR VARNEKAR, AGE: 50 YEARS, OCC: BUSINESS, R/O. PLOT NO.12, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, DISTRICT: KARWAR-581325. 9. SRI. MOHAMED SAB SHAIKH S/O. LATE ABDUL WAHIB SHAIKH, AGE: 69 YEARS, OCC: BUSINESS, R/O. PLOT NO.13, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 10. SRI. MANJUNATH MALLESHAPPA BELLIKATTI, AGE: 50 YEARS, OCC: BUSINESS, R/O. PLOT NO.14, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, DISTRICT: KARWAR-581325. 11. SRI. SUJITH S/O. NAGESH PADAWALKAR, AGE: 54 YEARS, OCC: BUSINESS, R/O. PLOT NO.16, J. N. ROAD, - 3 - HC-KAR NC: 2025:KHC-D:14001 WP No. 105936 of 2025 OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 12. SMT. DEEPA NAIK, AGE: 54 YEARS, OCC: BUSINESS, R/O. PLOT NO.17, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 13. SRI. VISWANATH TEJAPPA SHETTY, AGE: 71 YEARS, OCC: BUSINESS, R/O. PLOT NO.18, 19 AND 20, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 14. SRI. CHADEKAL MOHAMMED FAROOQ, AGE: 52 YEARS, OCC: BUSINESS, R/O.PLOT NO.22, 23, 24 & 25, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 15. SRI. A. ESHA, AGE: 78 YEARS, OCC: BUSINESS, R/O.PLOT NO.26, 27 & 28, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TQ: HALIYAL, DISTRICT: KARWAR-581325. 16. SMT. SEETHABAI RAMAKRISHNA NAIK, AGE: 79 YEARS, OCC: BUSINESS, R/O. PLOT NO.29, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 17. SMT. K. V. SATHI, W/O. K. N. PRAMOD, AGE: 68 YEARS, OCC: BUSINESS, - 4 - HC-KAR NC: 2025:KHC-D:14001 WP No. 105936 of 2025 R/O. PLOT NO.30, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. 18. SRI C. M. MUSTAFA, AGE: 56 YEARS, OCC: BUSINESS, R/O. PLOT NO.32 & 33, J. N. ROAD, OPPOSITE NEW BUS STAND, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. …PETITIONERS (BY SRI. H. M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VIDHAN SOUDHA, BENGALURU-560001. 2. THE MEMBER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHAN SOUDHA, BENGALURU-560001. 3. THE DIRECTORATE OF MUNICIPALITIES AND TOWN PLANNING AUTHORITY, DEPARTMENT OF TOWN PLANNING, BENGALURU-560001. 4. THE DEPUTY COMMISSIONER, KARWAR DISTRICT, KARWAR-581301. 5. THE ASSISTANT COMMISSIONER, KARWAR DISTRICT, KARWAR-581301. 6. THE TAHASILDAR, HALIYAL TALUK, HALIYAL, DISTRICT: KARWAR-581324. - 5 - HC-KAR NC: 2025:KHC-D:14001 WP No. 105936 of 2025 7. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, DANDELI, TALUK: HALIYAL, DISTRICT: KARWAR-581325. …RESPONDENTS (BY SRI. CHETAN MUNNOLLI, ADV. FOR R7; SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED NOTICES ISSUED BY THE 7TH RESPONDENT UNDER NO.NSDHA/BHOOMI/ VW/2023-24/143, DATED 20-9-2024 NSDHA/BHOOMI/VW/ 2023-24/160 DATED 20-9-2024 AND IMPUGNED NOTICES ISSUED BY THE 7TH RESPONDENT UNDER NO.NSDHA/BHOOMI/ VW/2025-26/173 DATED 12-05-2025 VIDE ANNEXURE-Q, Q1, R, R1 TO R17 RESPECTIVELY AND A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 29-5-2017 ISSUED BY THE 6TH RESPONDENT UNDER NO.NSDA/BHUMIV/ VW/2002-03/312 VIDE ANNEXURE-F AND A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 16-09-2023 ISSUED BY THE SECOND RESPONDENT UNDER NO.NAE/135/GEL/2022(E) VIDE ANNEXURE-L AND A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO EXECUTE A SALE DEED IN RESPECT OF ABUTTING PROPERTIES IN FAVOUR OF THE PETITIONER AS PER RESOLUTION DATED 30-9-1988 AND SPOT INSPECTION REPORT SUBMITTED BY THE 4TH RESPONDENT BY CONSIDERING THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS DATED 25-03-2022 AND 4-11-2023 VIDE ANNEXURE-K AND M AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:14001 WP No. 105936 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw the petition. 2. Memo is taken on record. Petition is dismissed as withdrawn. 3. The petitioner is at liberty to take such measures as advised in law in respect of subsequent endorsement said to have been issued during the pendency of the present petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK /CT-AN List No.: 1 Sl No.: 17