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2025 DAILYLAW 6539 (KAR)

KESARI PRASAD YADAV v. THE STATE OF KARNATAKA

WP/83187/2013 · 2025-03-12

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4708 WP No. 83187 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 83187 OF 2013 (KLR-RES) BETWEEN: SRI. KESARI PRASAD YADAV, S/O. SALIGRAM YADAV, AGED ABOUT 56 YEARS, R/AT BHARUVA VILLAGE, SOHAWAL TALUK, FAUIZABAD DISTRICT, UTTAR PRADESH. …PETITIONER (BY SRI. M. M. SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M. S. BUILDING, DR. AMBEDKAR VEEDI, BANGALORE - 560 01 REP. BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER BELLARY DISTRICT, BELLARY. 3. THE THASILDAR, SANDUR TALUK, SANDUR, BELLARY DISTRICT. 4. THE SISTERS OF GOOD SHEPHERD, BELLARY SOCIETY, BELLARY REP. BY ITS SISTER SUPERIOR. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; R4-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE ORDER PASSED IN NO.REV/LND/43/2008-09 BY THE RESPONDENT NO.2 ON 16.05.2012 VIDE ANNEXURE-‘M’ IN SO FAR AS SY.NO.17 & 18 ARE CONCERNED. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4708 WP No. 83187 of 2013 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. When the matter was called in the morning session, there was no representation. When the matter was called again in the afternoon session, learned counsel for the petitioner submits that he has deposited cost of Rs.500/- as ordered by the Court vide order dated 28.08.2024. However, learned counsel for the petitioner is seeking time to address arguments. 2. The order dated 28.08.2024 reads as under: “Sri.Omkar Desai, learned counsel on behalf of Sri.G. K. Hiregoudar, for the petitioner has appeared in person. Counsel submits that short accommodation may be granted. This Court is not inclined to grant time. The reason is simple. The petition is of the year 2013. Now we are in the month of August 2024. The petition is pending from eleven years. However, in the interest of justice and - 3 - NC: 2025:KHC-D:4708 WP No. 83187 of 2013 as a last chance, time is granted subject to payment of cost of Rs.500/- (Rupees Five Hundred Only) to Advocates’ Clerks Association, High Court of Karnataka, Dharwad. It is made clear that petitioner will have right of audience only if the cost is paid.” 3. In spite of the above order, counsel for the petitioner is not ready to address his arguments. I do not find any reason to adjourn the matter. 4. Petition stands dismissed. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 1 Sl No.: 2