- 1 - NC: 2025:KHC-D:1448 WP No. 106563 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106563 OF 2024 (KLR-LG) BETWEEN: YALLAPPA APPAYYA MASKAR, SINCE DECEASED BY HIS LR’S 1. JAYAWANT S/O. YALLAPPA MASKAR, AGE: 65 YEARS, OCC: AGRICULTURE, R/O BAMBARGE, TAL: AND DIST: BELAGAVI-591143. 2. SHIVAJI S/O. YALLAPPA MASKAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O BAMBARGE, TAL: AND DIST: BELAGAVI-591143. 3. SAKREVVA W/O. KALLAPPA TUPPAT, AGE: 72 YEARS, OCC: HOUSEWIFE, R/O TURMURI, TAL: AND DIST: BELAGAVI-591153. 4. SULABAI W/O. SHIVAJI MORE, AGE: 65 YEARS, OCC: HOUSEWIFE, R/O RAJGOLI, TAL: CHANDGAD, DIST: KOLHAPUR-416508. 5. NIGULI W/O. YALLAPPA TOLGEKAR, AGE: 60 YEARS, OCC: HOUSEWIFE, R/O . KIRWATTI, TAL: YELLAPUR, DIST: UTTARA KANNADA-581412. 6. SUMAN W/O. NINGAPPA DONGARE, AGE: 53 YEARS, OCC: HOUSEWIFE, R/O ATIWAD, TAL: AND DIST: BELAGAVI-591128. BADKU @ JANABA S/O. APPAYYA MASKAR, SINCE DECEASED BY HIS LR’S. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1448 WP No. 106563 of 2024 7. NINGAPPA S/O. JANABA MASKAR, AGE: 63 YEARS, OCC: AGRICULTURE, R/O KANGRALLI K.H., TAL: AND DIST: BELAGAVI-591128. JOTIBA S/O. JANABA MASKAR, SINCE DECEASED BY HER LR’S. 8. RUKMINI W/O. LATE JOTIBA MASKAR, AGE: 53 YEARS, OCC: AGRICULTURE, 9. RAHUL S/O. LATE JOTIBA MASKER, AGE: 33 YEARS, OCC: WORKING IN PVT. SECTOR, 10. NARAYAN S/O. LATE JOTIBA MASKAR, AGE: 29 YEARS, OCC: LABOUR, 11. SAGAR S/O. LATE JOTIBA MASKAR, AGE: 25 YEARS, OCC: LABOUR, (NOTE: 2(A)(I) TO 2(A)(IV) ARE THE R/O BAMBARGE, TAL: AND DIST: BELAGAVI-591143). APPAYYA S/O. JANABA MASKAR, DIED WITH NO ISSUES, 12. SIDDUBAI HALLIKAR D/O. JANABA MASKAR, AGE: 65 YEARS, OCC: HOUSEWIFE, R/O BAMBARGE, TAL: AND DIST: BELAGAVI-591143. …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-08. 2. THE LAND TRIBUNAL, REPRESENTED BY ITS CHAIRMAN, BELAGAVI, DIST: BELAGAVI-590001. - 3 - NC: 2025:KHC-D:1448 WP No. 106563 of 2024 3. THE TAHSILDAR, SECRETARY LAND TRIBUNAL, BELAGAVI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO CONSIDER THE LAND BEARING SY.NO.116/1+2+3 TOTALLY MEASURING 1 ACRE 34 GUNTAS OF BAMBARGE VILLAGE, BELAGAVI AND GRANT OCCUPANCY RIGHTS IN FAVOUR OF THE PETITIONERS AND PASS APPROPRIATE ORDERS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) Learned AGA accepts notice for respondent Nos.1 to 3 Counsel for the petitioners has filed memo dated 25.01.2025 seeking withdrawal of the petition which reads as under; “That, the petitioner herein, may kindly be permitted to withdraw the above mentioned Writ Petition and it is also prayed that liberty may be reserved to file fresh Writ Petition if necessity arises, in the interest of justice and equity. - 4 - NC: 2025:KHC-D:1448 WP No. 106563 of 2024 Hence, this memo.” In view of the memo, petition is dismissed as withdrawn, liberty being reserved to the petitioners to file fresh petition if any further action is taken by the respondents. Sd/- (SURAJ GOVINDARAJ) JUDGE SMM CT-MCK List No.: 1 Sl No.: 4