- 1 - NC: 2025:KHC-D:135 WP No. 66888 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 66888 OF 2010 (KLR-RES) BETWEEN: SRI. BABASAB S/O. JAKKAPPA CHANDAKE, AGE: 62 YEARS, OCC: PENSIONER & AGRICULTURE, R/O. SADALAGA, TQ: CHIKKODI, DIST: BELGAUM. …PETITIONER (BY SRI. A.M. GUNDAWADE, ADVOCATE FOR SRI. M.B. GUNDAWADE, ADVOCATE) AND: 1. SHRI. ANNASAB, S/O. JAKKAPPA CHANDAKE, AGE: 60 YEARS, OCC: AGRICULTURE, R/O. SADALAGA, TQ: CHIKKODI, DIST: BELGAUM. 2. SRI. APPASAB, S/O. JAKKAPPA CHANDAKE, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. SADALAGA, TQ: CHIKKODI, DIST: BELGAUM. 3. SRI. BALASAB, S/O. JAKKAPPA CHANDAKE, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. SADALAGA, TQ: CHIKKODI, DIST: BELGAUM. 4. THE ASSISTANT COMMISSIONER, CHIKKODI, AT: CHIKKODI, DIST: BELGAUM. …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE 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 CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 26/07/2010 IN CONDONING THE DELAY ON THE APPLICATION FILED U/S. 5 OF LIMITATION ACT, IN MISC./AP-7/2009-10, PASSED BY THE ASSISTANT COMMISSIONER, CHIKODI, PRODUCED AT ANNEXURE-F AND ETC. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:135 WP No. 66888 of 2010 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: a. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction and quash the order dated 26/07/2010 in condoning the delay on the Application filed U/S. 5 of Limitation Act, in Misc./AP-7/2009-10, passed by the Assistant Commissioner, Chikodi, produced at Annexure-‘F’ in the interest of justice and equity. b. Grant such other relief as deemed fit in the circumstances of the case and in the interest of justice and equity. 2. Learned counsel for the petitioner submits that the relief sought for in the petition has rendered infructuous. 3. Accepting the said submission, petition is dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 54