- 1 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105193 OF 2025 (LR) C/W WRIT PETITION NO.105202 OF 2025 IN WP NO.105193/2025: BETWEEN: SHRI GOPAL S/O. SATAPPA JANAGOUDA, AGE: 63 YEARS, OCC. AGRICULTURE, R/O. #08, BASTI GALLI, ALARWADA, BELAGAVI-590003, TQ. AND DIST. BELAGAVI. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRL. SECRETARY, DEPT. OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER BELAGAVI-590001, DIST. BELAGAVI. 3. THE TAHASILDAR BELAGAVI-590001, DIST. BELAGAVI. 4. JAGADISH KRISHNAJI KULKARNI AGE: MAJOR, OCC. BUSINESS, R/O. ANANTHSHAIYANA GALLI, BELAGAVI-590001, DIST. BELAGAVI. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 5. RAJESH KRISHNAJI KULKARNI AGE: MAJOR, OCC. BUSINESS, R/O. ANANTHSHAIYANA GALLI, BELAGAVI-590001, DIST. BELAGAVI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R3; SRI. PRADEEP SAWKAR, SRI. S.R. KAMALACHARAN, SRI. MUKUND M. HALLEPPANAVAR, SRI. SURESH S. GUNDI, SRI. SYED KASHIF ALI AND SRI. KAVEESH SHARMA M., ADVOCATES FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DTD. 24/7/2025 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.460/2024 VIDE ANNEXURE-L, IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE A WRIT OF MANDAMUS BY DIRECTING THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.460/2024 TO PASS APPROPRIATE ORDER ON I.A.NO.5 DTD. 24/7/2025 FILED BY THE PETITIONER VIDE ANNEXURE-K, IN THE INTEREST OF JUSTICE AND EQUITY. C. ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HON BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO.105202/2025: BETWEEN: 1. SHRI SHEETAL S/O. DEVENDRA JANAGOUDA, AGE: 34 YEARS, OCC. AGRICULTURE, - 3 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 R/O. CCB NO.155, SHANTI MARG, NEAR KANNADA PRIMARY SCHOOL, ALARWADA, BELAGAVI-590003, TQ. AND DIST. BELAGAVI. 2. BHIMAPPA JINNAPPA JANAGOUDA AGE: 75 YEARS, OCC. AGRICULTURE, R/O. H.NO.215, SHANTI GALLI, ALARWADA, BELAGAVI-590003, TQ AND DIST. BELAGAVI. …PETITIONERS (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS PRL. SECRETARY, DEPT. OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER BELAGAVI-590001, DIST. BELAGAVI. 3. THE TAHASILDAR BELAGAVI-590001, DIST. BELAGAVI. 4. JAGADISH KRISHNAJI KULKARNI AGE: MAJOR, OCC. BUSINESS, R/O. ANANTHSHAIYANA GALLI, BELAGAVI-590001, DIST. BELAGAVI. 5. RAJESH KRISHNAJI KULKARNI AGE: MAJOR, OCC. BUSINESS, R/O. ANANTHSHAIYANA GALLI, BELAGAVI-590001, DIST. BELAGAVI. 6. SMT. KASTURI W/O. DEVENDRA JANAGOUDA, AGE: 58 YEARS, OCC. AGRICULTURE AND HOUSEHOLD WORK, R/O. CCB NO.155, SHANTI MARG, NEAR KANNADA PRIMARY SCHOOL, ALARWADA, BELAGAVI-590003, - 4 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 TQ. AND DIST. BELAGAVI. 7. ARJUN JINNAPPA JANAGOUDA SINCE DECEASED REPRESENTED BY HIS LRS., SMT. KAMALA W/O. ARJUN JANAGOUDA, AGE: 58 YEARS, OCC. AGRICULTURE, R/O. H.NO.10, BASTI GALLI, ALARWADA, BELAGAVI-590003, TQ. AND DIST. BELAGAVI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R3; SRI. PRADEEP SAWKAR, SRI. S.R. KAMALACHARAN, SRI. MUKUND M. HALLEPPANAVAR, SRI. SURESH S. GUNDI, SRI. SYED KASHIF ALI AND SRI. KAVEESH SHARMA M., ADVOCATES FOR R4 AND R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 24/7/2025 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.461/2024 VIDE ANNEXURE-L, IN SO FAR AS PETITIONERS ARE CONCERNED AND TO DIRECT THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.461/2024 TO PASS APPROPRIATE ORDER ON I.A.NO.5 DTD. 24/7/2025 FILED BY THE PETITIONER VIDE ANNEXURE-K, IN SO FOR AS PETITIONERS ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner W.P.No.105193/2025 is before this Court seeking for the following reliefs: A. Issue a writ of certiorari by quashing the order Dtd. 24/7/2025 passed by the Karnataka Appellate Tribunal, Bengaluru in appeal No.460/2024 vide Annexure-L, in the interest of justice and equity. B. Issue a writ of mandamus by directing the Karnataka Appellate Tribunal, Bengaluru in appeal no.460/2024 to pass appropriate order on I.A.No.5 Dtd. 24/7/2025 filed by the petitioner Vide Annexure-K, in the interest of justice and equity. C. Issue any other appropriate writ or order or direction which deems fit to grant by this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity. 2. The petitioner W.P.No.105202/2025 is before this Court seeking for the following reliefs: “To quash the Order dtd. 24/7/2025 passed by the Karnataka Appellate Tribunal, Bengaluru in appeal no.461/2024 Vide Annexure-L, in so far as petitioners are concerned and to direct the Karnataka Appellate Tribunal, Bengaluru in Appeal No.461/2024 to pass appropriate order on I.A.No.5 Dtd. 24/7/2025 filed by the petitioner Vide Annexure-K, in so for as - 6 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 petitioners are concerned, in the interest of justice and equity.” 3. A memo dated 01.08.2025 singed by learned counsel appearing for the petitioner in W.P.No.105193/2025, has been filed, which reads as under; “The Petitioner respectfully submits as under: It is submitted that the Writ Petition has become infructuous and are not pressing the petition before this Hon’ble Court. Hence the top noted Writ Petition may kindly be withdrawn as not pressed, in the interest of justice and equity. Hence this Memo.” 4. A memo dated 01.08.2025 singed by learned counsel appearing for the petitioner in W.P.No.105202/2025, has been filed, which reads as under; “The Petitioners respectfully submits as under: It is submitted that the Writ Petition has become infructuous and are not pressing the petition before this Hon’ble Court. Hence the top noted Writ Petition may kindly be withdrawn as not pressed, in the interest of justice and equity. Hence this Memo.” - 7 - HC-KAR NC: 2025:KHC-D:9546 WP No. 105193 of 2025 C/W WP No. 105202 of 2025 5. Accepting the said memos and the submission of learned counsel for the petitioners in both the petitions, the petitions are dismissed as not pressed. 6. In view of disposal of the writ petitions, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- CT:PA LIST NO.: 1 SL NO.: 91