- 1 - HC-KAR NC: 2025:KHC:35207-DB WA No. 1698 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1698 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. DINESH KALLAHALLI S/O RAMAIAH KALLAHALLI, AGED ABOUT 42 YEARS, R/AT KALLAHALLI VILLAGE AND POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117. …APPELLANT (BY SRI. YATHISHA K J., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MINI VIDHANA SOUDHA KOPPAL TALUK KOPPAL DISTRICT - 583 231. 2. THE ASSISTANT COMMISSIONER MINI VIDHANA SOUDHA KOPPAL TALUK KOPPAL DISTRICT - 583 231. 3. THE TAHSILDAR, KOPPAL OFFICE OF THE TAHASILDAR KOPPAL TALUK, KOPPAL DISTRICT - 583 231 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35207-DB WA No. 1698 of 2024 4. THE ASSISTANT DIRECTOR OF LAND RECORDS OFFICE OF THE RESPONDENT No.3, KOPPAL TALUK, KOPPAL DISTRICT - 583 231 5. THE SURVEYOR, SURVEY DEPARTMENT, OFFICE OF THE TAHASILDAR, KOPPAL, KOPPAL DISTRICT - 583 231 6. PADMAVATI W/O ACHUTHRAMARAJU AGED ABOUT 59 YEARS OCC. BUSINESS/AGRI REPRESENTING M/S HAMPI'S WHISKERS RESORTS, AS ITS PROPRIETOR OR MANAGER R/AT NARAYANAPET VILLAGE BANDI HARALPUR POST KOPPAL TALUK, KOPPAL DISTRICT - 583231 …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R1 TO R5) WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO a) SET ASIDE THE INTERIM STAY GRANTED BY THE SINGLE JUDGE OF THE HIGH COURT OF KARNATAKA IN WP NO.103648/2024, DATED 01/07/2024 AT HIGH COURT OF KARNATAKA, DHARWAD BENCH WHICH RESTRAINS THE RESPONDENTS FROM PROCEEDINGS WITH THE SURVEY AND EVICTION PROCESS AS PER THE NOTICES ISSUED TO RESPONDENT NO.6 AS PER ANNEXURE-O; b)DIRECT THE RESPONDENTS TO RESUME THE SURVEY AND EVICTION PROCEEDINGS AGAINST THE ILLEGAL ENCROACHMENTS CARRIED OUT BY RESPONDENT NO.6 ON GOVERNMENT LAND AS PER THE REPORT SUBMITTED BY THE SUB- DIVISIONAL OFFICER, KOPPAL AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35207-DB WA No. 1698 of 2024 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the appellant has filed a memo dated 07.08.2025 seeking withdrawal of the present appeal with liberty to file a fresh appeal before the Dharwad Bench of this Court. 2. The appeal is dismissed as withdrawn. We clarify that this order will not preclude the appellant from filing a fresh appeal, in accordance with law. 3. Pending applications if any stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KG List No.: 1 Sl No.: 18