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2026 DAILYLAW 5401 (KAR)

THE ST ANTHONYS CHRATABLE EDUCATIONAL SOCIETY NIYAMITA v. THE STATE OF KARNATAKA

WP/100951/2026 · 2026-02-19

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:2632 WP No. 100951 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100951 OF 2026 (LR) BETWEEN: THE SAINT ANTHONY’S CHARITABLE EDUCATIONAL SOCIETY NIYAMITA REPRESENTED BY YACOB MOR ANTHONIOS METROPOLITEN DIRECTOR SRI. P.J. JACOB S/O G. JOHN, AGE. 59 YEARS, R/O: PRABHATH ROAD HONNAVAR, TQ: HONNAVAR, DISTRICT: UTTAR KANNADA -581334. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU- 560001. 2. THE DEPUTY COMMISSIONER, UTTAR KANNADA KARWAR DISTRICT KARWAR -581301. 3. THE ASSISTANT COMMISSIONER, BHATKAL, TALUK. BHATKAL, DISTRICT KARWAR- 581332. 4. THE LAND TRIBUNAL, REPRESENTED BY CHAIRMAN HONNAVAR, TALUK: HONNAVAR, DISTRICT KARWAR- 581334. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:36:22 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2632 WP No. 100951 of 2026 5. THE TAHASILDAR, HONNAVAR TALUK. HONNAVAR, DISTRICT KARWAR- 581334. 6. SRI. GONSOLVIS SALVADOR IGMAL SINCE DECEASED BY HIS LR’S. SRI. HENRY SALVADOR GONSOLVIS, AGE: MAJOR, OCC: BUSINESS, R/O: PALYA ROAD, HONNAVAR, TALUK: HONNAVAR, DISTRICT: UTTAR KANNADA -581334. 7. SRI. ROLVIN SALVADOR GONSOLVIS, AGE: MAJOR, OCC: BUSINESS, R/O: PALYA ROAD, HONNAVAR, TALUK: HONNAVAR, DISTRICT: UTTAR KANNADA -581334. 8. SRI. RECHARD SALVADOR GONSOLVIS, AGE: MAJOR, OCC: BUSINESS, R/O: PALYA ROAD, HONNAVAR, TALUK: HONNAVAR, DISTRICT: UTTAR KANNADA -581334. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R5, SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR C/R6 & R7; SRI. S.A. SONDUR, ADVOCATE FOR C/R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 12-01-2026 PASSED IN CASE NO. LRM/SR/6/563 PASSED BY THE 5TH RESPONDENT VIDE ANNEXURE-L, IN THE INTEREST OF JUSTICE AND EQUITY, AND ETC., THIS WRIT PETITION COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:2632 WP No. 100951 of 2026 ORAL ORDER (PER: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA) 1. Memo dated 19.02.2026 is filed by learned counsel for the petitioner seeking to withdraw the writ petition, which reads as under: “The petitioner herein most respectfully submits as under: That the petitioner in the above writ petition has challenged the order dated 12.01.2026 passed by the 5th respondent vide ANNEXURE-L and MR.No. T176 and MR No. t177 dated 19.01.2026 vide ANNEXURE-M and N. In view of alternative remedy available as provided under section 118[2-b] of Karnataka land reforms act as against the impugned order dated 12.01.2026, the petitioner prays to this Hon’ble court be pleased to permit him to withdraw the writ petition with reserving liberty to file an appeal before the Assistant commissioner as provided under section 118[2- b] of Karnataka land reforms act against the impugned order dated 12.01.2026 in the interest of justice and equity.” - 4 - HC-KAR NC: 2026:KHC-D:2632 WP No. 100951 of 2026 2. Memo is taken on record. 3. In view of the memo filed, petition is dismissed as withdrawn, with liberty as prayed for, if so advised, in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA gab CT-GTB List No.: 1 Sl No.: 60