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Karnataka High Court

Sri. Giriswamy vs Sri. Jayanna on 17 February, 2025

                                                   -1-
                                                              NC: 2025:KHC:6940
                                                           WP No. 3277 of 2025




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 17TH DAY OF FEBRUARY, 2025

                                               BEFORE
                              THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                               WRIT PETITION NO. 3277 OF 2025 (SCST)
                      BETWEEN:

                      1.    SRI. GIRISWAMY,
                            S/O LATE MARIYAPPA,
                            AGED ABOUT 54 YEARS,

                      2.    SMT. SHIVANANJAMMA,
                            D/O LATE MARIYAPPA,
                            W/O GANGANARASIMHAIAH,
                            AGED ABOUT 58 YEARS,

                            BOTH ARE R/O JALAMANGALA VILLAGE,
                            KOOTAGALLU HOBLI,
                            RAMANAGAR TALUK DISTRICT - 562 159.
                                                                  ...PETITIONERS

Digitally signed by
                      (BY SRI. SATISHCHANDRA R., ADVOCATE)
MAHALAKSHMI B M
Location: HIGH        AND:
COURT OF
KARNATAKA
                      1.    SRI. JAYANNA,
                            S/O LATE S.N.BASAVARAJAPPA,
                            AGED ABOUT 54 YEARS,

                      2.    SRI. BHUVANESHWARA,
                            S/O LATE S.N.BASAVARAJAPPA,
                            AGED ABOUT 49 YEARS,

                      3.    SRI. RAJU,
                            S/O SIDDEGOWDA,
                             -2-
                                          NC: 2025:KHC:6940
                                     WP No. 3277 of 2025




     AGED ABOU5 50 YEARS,

4.   SRI. MOHAN KUMAR,
     S/O NANJAPPA,
     AGED ABOUT 49 YEARS,

5.   SMT. BHAGYA,
     D/O BHOGANNA,
     AGED ABOUT 41 YEARS,

6.   SRI. NEELAKANTA,
     S/O SHIVANNA,
     AGED ABOUT 49 YEARS,

7.   SMT. PARVATHAMMA,
     W/O MUNISWAMY,
     AGED IN MAJOR,

     THE RESPONDENTS NO.1 TO 7,
     ARE R/AT KARKUCHHI VILLAGE,
     LAKKAVALLI HOBLI, TARIKERE TALUK,
     CHIKKAMAGALURU DISTRICT - 577 144.

8.   THE ASSISTANT COMMISSIONER,
     TARIKERE SUB DIVISION,
     BANGALORE - HONNAVAR HIGHWAY,
     INDIRA NAGAR, TARIKERE TALUK,
     CHIKKAMAGALURU DISTRICT - 577 144.

9.   THE DEPUTY COMMISSIONER,
     DEPUTY COMMISSIONER'S OFFICE,
     CHIKKAMAGALURU DISTRICT,
     CHIKKAMAGALARUU - 577 101.
                                           ...RESPONDENTS
(BY SRI.YOGESH D NAIK, AGA FOR R8 AND R9)
                               -3-
                                                 NC: 2025:KHC:6940
                                           WP No. 3277 of 2025




     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 09.03.2019 IN SC-ST PTCL.NO.8/2015-16 PASSED BY
THE ASSISTANT COMMISSIONER, TARIKERE SUB-DIVISION,
TARIKERE PRODUCED AT ANNEXURE - K AND ETC.,

     THIS     PETITION,    COMING     ON    FOR      PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MRS JUSTICE K.S. HEMALEKHA


                          ORAL ORDER

Learned Additional Government Advocate accepts notice for respondent Nos.8 and 9.

2. After arguing the matter for sometime, learned counsel for the petitioner seeks to withdraw the petition with liberty to approach appropriate forum in accordance with law, memo is filed to that effect.

3. Memo reads as under:

The undersigned Advocate for petitioner submit that the original grantee is father of petitioner, original grantee has died in the year 1982, but sale ded executed in the year 1988. The -4- NC: 2025:KHC:6940 WP No. 3277 of 2025 impugned sale deed is to be challenged in the appropriate forum.
It is prayed withdrawal of petition with liberty to approach civil court for remedy. Hence, prayed to dismiss the petition with keeping liberty to open to challenge sale deed.

4. Memo is taken on record.

5. In the light of the submission and the memo filed, the petition is dismissed as withdrawn with liberty as prayed.

Sd/-

________________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 2