Karnataka High Court
Shanthappa Manmantha Patil vs The State Of Karnataka on 11 July, 2018
Bench: Chief Justice, Krishna S Dixit
W.P.No.26080/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO. 26080 OF 2018 (GM-RES)
BETWEEN:
1. SHANTHAPPA MANMANTHA PATIL
S/O. MANMANTHA PATIL,
AGED ABOUT 56 YEARS,
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVI - 590003.
2. MALLASARJ PARIS DODDAKALLANNAVAR
S/O. PARIS JINAPPA DODDAKALLANNAVAR,
AGED ABOUT 38 YEARS,
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELAGAVI - 590003.
3. SHANTHINATH PATIL
S/O. BHARMANNA PATIL,
AGED ABOUT 55 YEARS,
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVI - 590003.
4. CHANDRAKANTH DEVENDRA PATIL
S/O. DEVENDRA PATIL,
AGED ABOUT 63 YEARS,
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVAI - 590003.
W.P.No.26080/2018
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5. BAHUBALI TAVANAPPA DODDAKALLANNAVAR
S/O. TAVANAPPA,
AGED ABOUT 55 YEARS,
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVAI - 590003.
6. MAHAVEER HULAMANI
S/O. MALLAPPA HULAMANI,
AGED ABOUT 57 YEARS,
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVAI - 590003.
7. SHREYANSH KAMAL
S/O. ASHOK KAMAL,
AGED ABOUT 33 YEARS
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVAI - 590003.
8. BHARAMANNA GOPAL MUDUKOPPAGOL
S/O. GOPAL MUDUKOPPAGOL,
AGED ABOUT 44 YEARS
R/O. BASTWAD VILLAGE,
TALUK - BELAGAVI,
DISTRICT BELGAVAI - 5900032.
... PETITIONERS
(BY SRI. HARISH KUMAR.M.S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560003.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560003.
W.P.No.26080/2018
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3. THE DEPUTY COMMISSIONER
BELAGAVI DISTRICT,
BELAGAVI - 590001.
4. THE ASSISTANT COMMISSIONER
BELAGAVI SUB DIVISION,
BELAGAVI - 590001.
5. THE TAHASILDAR
BELAGAVI TALUK,
BELAGAVI - 590001.
6. THE GRAMA PANCHAYATH, BASTWAD
REPRESENTED BY ITS PDO,
BASTWAD, BELAGAVI TALUK,
BELAGAVI - 590001.
7. SHRI. CHATRAPATI SHIVRAY SHIVSRUTI
YUVAK MANDAL, BASTWAD,
REPRESENTED BY ITS PRESIDENT
SRI MANOHAR JYOTIBA BANDAGI,
BASTWAD VILLAGE,
BELAGAVI TALUK & DISTRICT - 590003.
... RESPONDENTS
(BY SRI.S.H. PRASHANTH, AGA FOR R1 TO 5)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO REMOVE THE STRUCTURE
OF PEDESTAL AS WELL AS INSTALLED STATUE OF SHRI
CHATRAPATHI SHIVAJI IN THE SCHEDULE PROPERTY
FORTHWITH AS THE SAME WAS DONE ENCROACHING THE
PUBLIC PLACE OF BASTWAD VILLAGE, BELGAVI TALUK AND
DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
W.P.No.26080/2018
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ORDER
After attempting to argue for some time, the learned counsel for the petitioners submits that having regard to the circumstances of the case, the petitioners shall seek permission to withdraw from this petition with liberty to take recourse to appropriate remedy in accordance with law, including approaching the Civil Court; and with such liberty for the petitioners, seeks permission to withdraw.
Learned Government Advocate has no objection. Permission granted.
Dismissed as withdrawn with liberty, as prayed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb/