Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42281 WP No. 6690 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6690 OF 2010 (KLR-LG) BETWEEN:
1.
SRI. D L RAMEGOWDA SON OF LAXMANA GOWDA, AGED ABOUT 42 YEARS, RESIDENT OF DIDAGA VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.
2.
SRI. BOREGOWDA SON OF NANGI GOWDA, AGED ABOUT 62 YEARS, RESIDING AT DIDAGA VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.
3.
SRI. MANJEGOWDA, SON OF KEMPEGOWDA, AGED ABOUT 38 YEARS, RESIDENT OF DIDAGA VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.
4.
SRI. BYRAIAH SON OF NANJAIAH, AGED ABOUT 49 YEARS, RESIDENT OF DIDAGA VILLAGE, Digitally signed by VIJAYA P Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42281 WP No. 6690 of 2010 HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT. …PETITIONERS (P1 - D.L.RAMEGOWDA, SERVED, ABSENT;
P3 - MANJEGOWDA, SERVED - ABSENT;
P4 - BYRAIAH, SERVED - ABSENT) AND:
1.
STATE OF KARNATAKA, BY THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN.
2.
THE ASSISTANT COMMISSIONER, HASSAN SUB DIVISION, HASSAN, HASSAN DISTRICT.
3.
THE TAHSILDAR, CHANNARAYAPATNA TALUK, HASSAN DISTRICT.
4.
THE DIVISIONAL MANAGER, KSRTC, HASSAN DIVISION, HASSAN, HASSAN DISTRICT. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R3;
SRI. H.R. RENUKA, ADVOCATE FOR R4)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE
ORDER OF THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN, IN CASE NO.LND(1) 223/2002-03 DATED 31.01.2004 MARKED ANNEXURE 'A' AND ALSO QUASH THE ORDER OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE, IN APPEAL NO. 400/2004, DATED 03.07.2009 MARKED ANNEXURE 'B' AND FURTHER BE PLEASED TO PASS SUCH OTHER ORDERS AS MAY
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HC-KAR NC: 2025:KHC:42281 WP No. 6690 of 2010 BE DEEMED NECESSARY AND ALLOW THIS WRIT PETITION WITH COSTS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed by the villagers, calling in question the correctness of the order of Karnataka Appellate Tribunal (for short 'KAT').
2. Before the KAT, the villagers had challenged the grant of land made in favour of the KSRTC, Hassan Division. It is noticed that court notice was issued to the petitioners subsequent to demise of their counsel. The matter is of the year 2010, till date no arrangement is made by the petitioners to engage another counsel. Further it is noticed that the challenge by the petitioners is only insofar as the grant sought to be made to the KSRTC. There was no interim
order passed in the proceedings.
3. Learned High Court Government Pleader submits that the records do not indicate passing of any interim order.
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HC-KAR NC: 2025:KHC:42281 WP No. 6690 of 2010 It is further submitted that the grant is of the year 2002 and subsequent developments would have taken place in the absence of any interim order staying the grant.
4. The petitioners ought to have taken necessary steps to engage another counsel. Court notice has been served on petitioners No.1, 3 and 4 in the year 2016 itself as noticed from the records and court notice is not served insofar as petitioner No.2. It is clear that the petitioners are not diligent in prosecuting the proceedings.
5. Though notice to petitioner No.2 has not been served, noticing that the petitioners No.1, 3 and 4 though served have not appeared before this Court and noticing the nature of challenge of allotment made to KSRTC, the present petition is dismissed for non-prosecution, in light of absence of diligence in prosecuting the proceedings. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR