Karnataka High Court
Sri.H.T. Govindappa vs The Principal Secretary on 8 December, 2023
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NC: 2023:KHC:44582
WP NO.24012 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.24012 OF 2023 (KLR-RES)
BETWEEN:
SRI. H.T. GOVINDAPPA
S/O THIMMANNA
AGED ABOUT 68 YEARS,
AGRICULTURIST,
R/O BANSHANKARI TEMPLE ROAD,
KOTE, HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527.
...PETITIONER
(BY SRI. GOPALAKRISHNAMURTHY C., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF FOREST,
M.S. BUILDING,
BENGALURU - 560 001.
Digitally signed by
ARUN KUMAR M S
Location: High 2. THE DEPUTY COMMISSIONER
Court of Karnataka
CHITRADURGA DISTRICT
CHITRADURGA - 577 501.
3. THE DEPUTY DIRECTOR OF LAND RECORDS
D.C. OFFICE,
CHITRADURGA DISTRICT - 577 501.
4. THE ASSISTANT COMMISSIONER
CHITRADURGA,
CHITRADURGA DISTRICT - 577 501.
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5. THE TAHSILDAR
TALUK OFFICE,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
6. THE ASSISTANT DIRECTOR OF LAND RECORDS
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527.
7. THE REVENUE INSPECTOR
KASABA HOBLI,
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527.
8. THE VILLAGE ACCONTANT
JODISIRANGAPURA VILLAGE,
KASABA HOBLI,
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527.
9. THE SURVEYOR
TALUK OFFICE,
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527.
10. SMT. PRAVATHAMMA
W/O LATE GOVINDAPPA
AGED ABOUT 74 YERS.
11. SRI. CHANDRASHEKAR
S/O LATE GOVINDAPPA
AGED ABOUT 38 YEARS.
RESPONDENTS 10 AND 11 ARE
R/O BANASHANKARI TEMPLE ROAD,
KOTE, BEHIND LAKKAMMA TEMPLE,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
12. SRI. VENKATESH
S/O LATE GOVINDAPPA,
AGED ABOUT 48 YEARS.
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13. SRI. NAGARAJA
S/O LATE GOVINDAPPA,
AGED ABOUT 38 YEARS.
RESPONDENTS 12 AND 13 ARE
R/O SHANTI NAGARA BADAVANE,
BEHIND HOSTEL HIRIYUR ROAD,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
14. SRI. DEVENDRAPPA
S/O SANKAPPA,
AGED ABOUT 52 YEARS.
15. M.D. ALI @ MOHAMMAD ALI
S/O M.D. ABEED @ MOHAMMAD ABEED,
AGED ABOUT 56 YEARS.
RESPONDENTS 14 AND 15 ARE
R/O KOBARI PETE,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
16. SMT. PADMA
W/O LAKSHMANAPPA
D/O GOVINDAPPA
AGED ABOUT 51 YEARS,
R/AT MARUTHI NAGAR,
HIRIYUR ROAD,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
17. SMT. CHANDRAMMA
W/O ESHWARAPPA
D/O GOVINDAPPA
AGED ABOUT 42 YEARS,
R/AT AYYAPPA SWAMY BADAVANE,
HULIYUR ROAD,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
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WP NO.24012 OF 2023
18. SMT. NAGAMMA
W/O LATE VENKATESH
AGED ABOUT 57 YEARS
R/AT MARUTHI NAGAR,
HIRIYUR ROAD,
HOSADURGA TOWN AND TALUK,
CHITRADURGA DISTRICT - 577 527.
19. SRI. H.S. PRASHANTHA TATACHAR
S/O SRINIVASACHAR
AGED ABOUT 47 YEARS
R/AT UTTARADI MUTT,
2ND CROSS,
MYSURU DISTRICT - 570 004.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA FOR R1 TO R9)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ENDORSEMENT DATED 24TH NOVEMBER, 2016 ISSUED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-Q; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. C.N. Mahadeshwaran, learned Additional Government
Advocate accepts notice for respondents 1 to 9.
2. Learned counsel appearing for the petitioner, after
arguing for some time seeks leave of the Court to withdraw the
petition in view of the fact that the petitioner has suffered
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judgment and decree dated 12th January, 2022 passed in
Original Suit No.345 of 2016 on the file of the Principal Civil
Judge and J.M.F.C., Hosadurga and thereafter, preferred
Regular Appeal No.6 of 2022 before the First Appellate Court,
which is pending consideration.
3. In that view of the matter, as the rights of the parties
are yet to be adjudicated before the First Appellate Court in
aforementioned Regular Appeal, parties shall abide by the
judgment and decree that may be passed in the Regular
Appeal.
4. Accordingly, accepting the submission made by
learned counsel appearing for the petitioner, writ petition is
dismissed as withdrawn.
SD/-
JUDGE
ARK
