Mr.P.M.Sridhar vs Ms.Padma
2021 Latest Caselaw 3551 Kant

                            1




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 28TH DAY OF OCTOBER, 2021

                         PRESENT

 THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                           AND

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

         WRIT APPEAL NO. 857 OF 2021 (LA-RES)


BETWEEN:

MR. P.M. SRIDHAR
S/O P D MARIYAPPA
AGED ABOUT 56 YEARS
R/AT PALAHALLI VILLAGE
BELAGOLA HOBLI
SRIRANGAPATNA TALUK
MANDYA - 571 400
                                          ... APPELLANT

(BY SRI ABHISHEK A, ADVOCATE)

AND:


1.     MS. PADMA
       D/O LATE MR. DALAPATHI RAMEGOWDA
       AGED ABOUT 68 YEARS
       R/AT NO. 158
       1ST CROSS
       MAHADESHWARA TEMPLE ROAD
       KUMBAR KOPPALU
       MYSURU - 570 001

2.     THE STATE OF KARNATAKA
       REVENUE DEPARTMENT
                                 2


       REPRESENTED BY
       UNDER SECRETARY
       LAND ACQUISITION DEPARTMENT
       VIDHANA SOUDHA
       BENGALURU-560 001

3.     THE DEPUTY COMMISSIONER
       MANDYA DISTRICT
       MANDYA - 571 401

4.     THE ASSISTANT COMMISSIONER
       AND LAND ACQUISITION OFFICER
       PANDAVAPURA SUB-DIVISION
       PANDAVAPURA
       MANDYA - 571 401
                                               ... RESPONDENTS

(BY SRI S S MAHENDRA, AGA FOR R-2 TO 4)




       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE

THE ORDER DATED 22.03.2021 PASSED IN W.P.NO.5541/2019

(LA-RES) BY THE LEARNED SINGLE JUDGE; ALLOW THIS WRIT

APPEAL    CONSEQUENTLY          DISMISSING     WRIT    PETITION

NO.5541/2019 (LA-RES) AND GRANT SUCH OTHER RELIEFS AS

THIS   COURT      MAY    DEEM       FIT   TO   GRANT   IN   THE

CIRCUMSTANCES OF THE CASE.


       THIS WRIT APPEAL COMING ON FOR PRELIMINARY

HEARING    THIS   DAY,   CHIEF       JUSTICE   DELIVERED    THE

FOLLOWING:
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                        JUDGMENT

This Court had raised a query in regard to the

maintainability of the appeal in the light of the judgment

rendered by the Full Bench of this Court in the case of

Tammanna and Ors., vs Miss Renuka & Ors., (ILR 2009

KAR 1207) and adjourned the matter to enable the counsel

for the appellant to examine the same.

2. Today, Sri Abhishek .A, learned counsel for the

appellant makes a statement at the Bar that he does not

want to press the writ appeal and the same may be

dismissed as not pressed with liberty to the appellant to

pursue the remedies as available to him under law.

3. The writ appeal is accordingly dismissed as not

pressed with the aforesaid liberty.

4. The pending interlocutory application does not

survive for consideration and is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

bkv