- 1 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4663 OF 2018 (KLR-RES) C/W WRIT PETITION NO. 1944 OF 2018 (KLR-LG) IN WP No. 4663/2018 BETWEEN: 1. SMT. VILASINI J SHETTY W/O LATE JAYARAM SHETTY AGED ABOUT 63 YEARS 2. SRI S JAGATHPAL SHETTY S/O LATE JAYARAM SHETTY AGED ABOUT 43 YEARS 3. SRI S HEMANTHPAL SHETTY S/O LATE JAYARAM SHETTY AGED ABOUT 38 YEARS 4. SRI S YESHWANTHPAL J SHETTY S/O LATE JAYARAM SHETTY AGED ABOUT 35 YEARS ALL ARE R/O SENAPURA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-576233. …PETITIONERS (BY SRI. K S CHANDRAHASA (NOC)., ADVOCATE) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 AND: 1. THE DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI 576 233. 2. SMT. BHAVANI W/O LATE SOORAPPA SHETTY SINCE DECEASED BY HER LRS SMT. SULOCHANA W/O DR. CHANDRASHEKAR SHETTY AGED ABOUT 70 YEARS 2-25, BHAVANI NILAYA, NOOJADI POST, KUNDAPUR TALUK, UDUPI DISTRICT 576 233. 3. SMT. PRAFULLA W/O SUDHAKARA SHETTY AGED ABOUT 68 YEARS 2-26, ROSHAN HOUSE, NOOJADI POST, KUNDAPUR TALUK, UDUPI DISTRICT 576 233. 4. SRI ASHOK SHETTY S/O LATE SOORAPPA SHETTY AGED ABOUT 62 YEARS R/AT NO.138/3, ANKADAKATTE KOTESHWARA, KUNDAPURA TALUK, UDUPI DISTRICT 576 222. 5. SRI. VIJAYA SHETTY S/O LATE SOORAPPA SHETTY AGED ABOUT 35 YEARS 2-2, NEAR NOOJADI SCHOOL, - 3 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 NOOJADI POST, KUNDAPUR TALUK UDPI DISTRICT 576 233. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 SRI. SAMPATH ANAND SHETTY., ADVOCATE FOR R2 & R3 SRI. NATARAJA BALLAL., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DTD30.8.2017 IN REV.APPLICATION NO.1293/2005 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU VIDE ANNEXURE-F AND ETC., IN WP NO. 1944/2018 BETWEEN: 1. SMT SULOCHANA AGED ABOUT 67 YEARS W/O DR.CHANDRASHEKAR HETTY, 2-25, BHAVANI NILAYA, NOOJADI POST, KUNDAPURA TALUK-576233, UDUPI DISTRICT. 2. SMT PRAFULLA AGED ABOUT 66 YEARS W/O SUDHAKARA SHETTY, 2-26, ROSHAN HOUSE, NOOJADI POST, KUNDAPURA TALUK-576233, UDUPI DISTRICT. 3. SRI ASHOK SHETTY SINCE DECEASED - 4 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 3(a) 3(b) REP BY HIS LEGAL HEIRS SULEKHA A SHETTY AGED ABOUT 6O YEARS W/O LATE ASHOK SHETTY NO.138/3, ANKADAKATTE KOTESHWARA KUNDAPURA TALUK-576222 UDUPI DISTRICT ABHIMANYU A SHETTY AGED ABOUT 25 YEARS S/O LATE ASHOK SHETTY NO.138/3, ANKADAKATTE KOTESHWARA KUNDAPURA TALUK-576222 UDUPI DISTRICT 4. SRI VIJAYA SHETTY AGED ABOUT 63 YEARS S/O SOORAPPA SHETTY, NO.138/3, NEAR NOOJADI SCHOOL, NOOJADI POST, KUNDAPURA TALUK-576233, UDUPI DISTRICT. ...PETITIONERS (BY SRI. SAMPAT ANAND SHETTY.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-576233. 2. THE SPECIAL DEPUTY TAHASILDAR (ASSIGNMENT) KUNDAPURA TALUK, KUNDAPURA-576233, - 5 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 UDUPI DISTRICT. 3. SMT VILASINI J SHETTY W/O LATE JAYARAM SHETTY AGED ABOUT 61 YEARS R/AT SENAPURA VILLAGE, KUNDAPURA-576233, UDUPI DISTRICT. 4. SRI S JAGATHPAL SHETTY S/O LATE JAYARAM SHETTY, AGED ABOUT 42 YEARS R/AT SENAPURA VILLAGE, KUNDAPURA-576233, UDUPI DISTRICT. 5. SRI S HEMANTHAPAL SHETTY S/O LATE JAYARAM SHETTY, AGED ABOUT 38 YEARS R/AT SENAPURA VILLAGE, KUNDAPURA-576233, UDUPI DISTRICT. 6. SRI S YESHWANTHPAL SHETTY S/O LATE JAYARAM SHETTY, AGED ABOUT 38 YEARS R/AT SENAPURA VILLAGE, KUNDAPURA-576233, UDUPI DISTRICT. ...RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 & R2 SRI. K.S. CHANDRAHASA., ADVOCATE FOR R3 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH - 6 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 THE ORDER DATED 30.08.2017 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AT BANGALORE IN APPEAL NO.1293/2005 VIDE ANNEXURE-A1 IN SO FAR AS IT RELATES TO REMITTING THE MATTER TO THE 1ST RESPONDENT FOR THE PURPOSE OF SEEKING DECLARATORY DECREE FROM THE COMPETENT CIVIL COURT AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned counsel appearing for the petitioners in W.P.No.1944/2018 and respondents No.2 to 5 in W.P.No.4633/2018 has filed a memo dated 29.07.2025 stating that parties have approached the competent civil court in O.S.No.73/2018 and the learned Senior Civil Judge at Kundapura has dismissed the suit filed by the petitioners in W.P.No.4633/2018. Therefore the petitioners seek leave of this Court to withdraw these writ petitions, since the prayer made in these writ petitions do not survive for consideration. - 7 - HC-KAR NC: 2025:KHC:30109 WP No. 4663 of 2018 C/W WP No. 1944 of 2018 2. The memo is taken on record, subject to all just exceptions. 3. Accordingly, the writ petitions stand dismissed as having become infructuous. Sd/- (R DEVDAS) JUDGE KLY CT: JL