Basappa vs The State Of Karnataka And Ors
2021 Latest Caselaw 3069 Kant

             IN THE HIGH COURT OF KARNATAKA
                     KALABURAGI BENCH

           DATED THIS THE 30TH DAY OF JULY, 2021

                           BEFORE

     THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY

     WRIT PETITION NO.226729/2020 (KLR-RR-SUR)

BETWEEN:

BASAPPA
S/O BHIMAPPA MADAR
AGE 46 YEARS, OCC: AGRICULTURE
R/O SANGAPUR S. H., TQ. VIJAYAPUR
                                            ... PETITIONER

(BY SRI SUBHASH MALLAPUR, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       THROUGH ITS CHIEF SECRETARY
       DEPT. OF REVENUE, VIDHANA SOUDHA
       BANGALORE-02

2.     THE DEPUTY COMMISSIONER
       OFFICE OF THE DEPUTY COMMISSIONER
       VIJAYAPUR DIST. DHARBAR HALL
       VIJAYAPUR-586101

3.     THE TAHSILDAR
       OFFICE OF TAHSILDAR
       BABLESHWAR
       DIST. VIJAYAPUR-586101
                                                  W.P.No.226729/2020
                                 2



4.    RAMAPPA
      S/O BANGAREPPA MADAR @ DODDAMANI
      AGE. 28 YEARS, OCC. AGRICULTURE
      R/O NEAR DURGA DEVI TEMPLE TIKOTA
      TQ. AND DIST. VIJAYAPUR-586101
                                                 ... RESPONDENTS


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
NO.   MR:53/2018-19: DATED      18.01.2018 ISSUED BY THE        3RD
RESPONDENT VIDE ANNEXURE-G AND ISSUE A WRIT IN NATURE OF
MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE THE NAME
OF PETITIONER IN THE RECORDS TILL THE JUDGMENT PASSED IN
O.S.NO.831/2012 ATTAINS FINALITY.


      THIS WRIT PETITION COMING ON FOR ORDERS THROUGH
PHYSICAL / VIDEO CONFERENCING HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:

                              ORDER

The learned counsel for petitioner, who is physically present,

submits that despite his sincere efforts he could not comply with

the office objections, as such, the peremptory order dated

26.02.2021 comes into operation.

2. A perusal of the order sheet would go to show that on

26.02.2021, this Court passed the peremptory order granting W.P.No.226729/2020

three weeks' time to the petitioner to comply with the office

objections, failing which the writ petition was ordered to be

standing dismissed for non-prosecution. However, thereafter on

09.04.2021, once again as prayed two week's time was granted to

comply with the office objections.

3. In view of the above, since the learned counsel for the

petitioner submits that he could not comply with the office

objections and by virtue of peremptory order dated 26.02.2021,

the petition stands dismissed for non-compliance of office

objections.

Sd/-

JUDGE

VNR