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2025 DAILYLAW 7966 (KAR)

SRI. KIRASA S/O. KRISHNASA KATHARE v. THE COMMISSIONER

WP/102826/2021 · 2025-02-12

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2776 WP No. 102826 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102826 OF 2021 (LB-RES) BETWEEN: 1. SRI. KIRASA S/O. KRISHNASA KATHARE AGE. 78 YEARS, R/O. GOLDEN TOWN, BEHIND SHAKUNTALA HOSPITAL HOSUR HUBBALLI-580009. 2. SRI.KRISHNA S/O. MURALIDHAR KATHARE AGE. 58 YEARS, R/O. GOLDEN TOWN, BEHIND SHAKUNTALA HOSPITAL HOSUR HUBBALLI-580009. 3. SRI.NARAYAN S/O. MURALIDHAR KATHARE AGE. 45 YEARS, R/O. GOLDEN TOWN, BEHIND SHAKUNTALA HOSPITAL HOSUR HUBBALLI-580009 PETITIONERS REPRESENTED BY THEIR DULY CONSTITUTED ATTORNEY SRI.DEVANAND C.N. …PETITIONERS (BY SRI. AMRUTH VASANTH JOIS,ADVOCATE) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:53 +0530 - 2 - NC: 2025:KHC-D:2776 WP No. 102826 of 2021 AND: 1. 2. 3. 4. 5. 6. THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION LAMINGTON ROAD, (SIR SIDDAPPA KAMBLI ROAD) HUBBALLI-580009. SMT. SHANTA @ GEETA JANARDHANA SHALGAR AGE: MAJOR, OCC: HOUSE HOLD WORK SANMAN COLONY, SHIVAYOGI LAYOUT, MUKUND NAGAR MURUDESHWAR FACTORY, R.N. SHETTY ROAD, HUBBALI, DIST: DHARWAD SMT. LALITHA W/O TUKARAM KABADE AGED: MAJOR, OCC: HOUSE HOLD WORK AKKIPETH, AKKASALIGAR ONI, OLD HUBBALLI, TQ: HUBBALI, DIST: DHARWAD SMT. RENUKA W/O RAMASA BHANDAGE AGED MAJOR, OCC: BUISNESS R/O NO. 29, RAGHAV NAGAR, CHANDRANATH NAGAR, BEHIND RAGHAVENDRA MATH, HUBBALLI, DIST: DHARWAD SMT. SHOBA W/O ARJUNSA BURBURE, AGED: MAJOR OCC: HOUSEHOLD WORK, R/O SALONI VICTORIA ROAD, DAJIBANPETH, HUBBALLI, TQ: HUBBALI, DIST: DHARWAD MANAYANAMATH TRUST CHANAKAYAPURI KARWAR ROAD, HUBBALLI, BY ITS TRUSTEE SHRI BALARAM S/O ANANTHAPPA MULAGUND OCC: BUSINESS - 3 - NC: 2025:KHC-D:2776 WP No. 102826 of 2021 7. R/O PRABHAT COLONY VIDYANAGAR, HUBBALLI- 580021 (DELETED VIDE COURT ORDER DATED 27.9.2021) SMT. JAYA W/O RAMESH DALABHANJAN AGED: MAJOR, OCC:HOUSEHOLD R/O YALLAPUR TOLL NAKA, DHANDELI ROAD, HALIYAL, DIST: UTTAR KANNADA. (AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 27.9.2021) …RESPONDENTS (BY SRI. BHUSHAN KULKARNI., ADVOCATE FOR R1; SRI. ARAVIND D. KULKARNI., ADVOCATE FOR R2-R5 & R7; R6-DELETED V/O/D 27.9.2021) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF A WRIT OF MANDAMUS OR OTHER APPROPRIATE WRIT OR ORDER DIRECT THE RESPONDENT TO CORRECT/ TRANSFER KHATA OF THE SCHEDULE PROPERTY TO THE JOINT NAMES OF THE PETITIONERS AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ of Mandamus or other appropriate writ or order direct the Respondent to correct/transfer khata of the Schedule property to the joint names of the petitioners. - 4 - NC: 2025:KHC-D:2776 WP No. 102826 of 2021 ii. Issue a writ of mandamus or other appropriate writ or order direct the Respondent to assess and issue notice or tax demand for the Schedule property in the names of the Petitioners. iii. Grant such other or further reliefs this Hon’ble Court may deem fit in the circumstances of the case. [[ 2. The memo dated 12.2.2025 has been filed and signed by the counsel for the petitioner and the GPA holder of the petitioner who has filed the above petition, which reads as under; memo for withdrawal Herein the advocate for the petitioners respectfully submits as under: 1. That, the present petition is being filed seeking writ of ‘Mandamus’ against the 1st respondent. 2. That, the 1st petitioner has paid the Tax arrears payable to the 1st respondent, and the Change of Khata has been initiated by the 1st respondent. THEREFORE, the petitioners are not interested to further proceed with this writ petition, and writ petition may kindly be disposed of as ‘withdrawn’. 3. Accepting the said memo and the submission of counsel for the petitioner, petitioner is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 82