Karnataka High Court
Sri Devegowda vs The State Of Karnataka on 21 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:7262
WP No. 6546 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 6546 OF 2021 (KLR-RES)
BETWEEN:
SRI. DEVEGOWDA,
S/O LATE PUTTEGOWDA,
AGED ABOUT 95 YEARS
R/AT KODALA VILLAGE,
CHINKURALI HOBLI,
PANDAVAPURA TQ,
MANDYA DISTRICT - 571 434.
...PETITIONER
(BY SRI. B.S. NAGARAJ, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
Digitally signed by
DHARMALINGAM DEPARTMENT OF REVENUE,
Location: HIGH M.S. BUILDING, BENGALURU - 560 001.
COURT OF
KARNATAKA
2. THE DEPUTY COMMISSIONER,
MANDYA DISTRICT,
MANDYA - 560 001.
3. THE TECHNICAL ASSISTANT OF
DEPUTY COMMISSIONER,
AND ALSO DEPUTY DIRECTOR OF
LAND RECORDS,
MANDYA DISTRICT,
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NC: 2024:KHC:7262
WP No. 6546 of 2021
MANDYA - 560 001.
4. THE ASSISTANT DIRECTOR
OF LAND RECORDS,
PANDAVAPURA TALUK,
PANDAVAPURA,
MANDYA DISTRICT - 571 602.
5. THE THASILDAR,
PANDAVAPURA TALUK,
PANDAVAPURA,
MANDYA DISTRICT - 571 602.
6. SRI. B. JAVAREGOWDA,
S/O CHIKKA BETTEGOWDA,
AGE MAJOR,
7. SRI. BETTEGOWDA,
S/O CHIKKA BETTEGOWDA,
AGE MAJOR,
8. SMT. BORAMMA,
W/O LATE DASEGOWDA,
AGE MAJOR,
9. SRI. KRISHNEGOWDA,
S/O LATE HANUMEGOWDA,
AGE MAJOR,
10. SRI. K.H. HANUMEGOWDA,
S/O LATE HANUMEGOWDA,
AGE MAJOR,
R6 TO R10 ARE ALL
R/AT KODALA VILLAGE,
CHINKURALI HOBLI,
-3-
NC: 2024:KHC:7262
WP No. 6546 of 2021
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 434.
...RESPONDENTS
(BY SRI. SESHU V, HCGP FOR R1 TO R5;
SRI. B.K. MOHAN, ADVOCATE FOR R9 AND R10;
R7 AND R8 SERVED - UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 11.12.2021 PASSED BY THE R-2
MADE IN R.P.(SURVEY) NO.18/2019, DISMISSING THE
REVISION PETITION VIDE ANNX-A AND ALSO THE DURASTHI
AND PAKKA PHODI MADE BY THE R-4 VIDE ANNX-B AND B1
RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned counsel for the petitioner has filed a memo dated 12.02.2024 seeking leave of this Court to withdraw the writ petition with liberty to file a fresh petition if fresh phodi and durasti are not made in favour of the petitioner.
2. The writ petition has been filed, raising a challenge to the orders passed by the Deputy -4- NC: 2024:KHC:7262 WP No. 6546 of 2021 Commissioner under Section 56 of the Karnataka Land Revenue Act, 1964. Therefore, if the petitioner wants to withdraw the writ petition, he is permitted to do so. However, liberty cannot be reserved to file a fresh petition on the same cause of action.
Consequently, this writ petition stands dismissed as withdrawn.
Sd/-
JUDGE PK CT: BHK