Sri B Lokanatha vs The State Of Karnataka
2024 Latest Caselaw 6141 Kant

Karnataka High Court

Sri B Lokanatha vs The State Of Karnataka on 29 February, 2024

Author: Chief Justice

Bench: Chief Justice

                                                -1-
                                                          NC: 2024:KHC:8411-DB
                                                          WA No. 1249 of 2022




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 29TH DAY OF FEBRUARY, 2024

                                             PRESENT
                            THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE

                                                AND

                        THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

                                 WRIT APPEAL NO. 1249 OF 2022 (LR)

                   BETWEEN:

                   1.   SRI B LOKANATHA
                        AGED ABOUT 68 YEARS
                        S/O PAKEERA SALYAN
                        R/AT DURGA NIVAS KANA
                        IDYA VILLAGE
                        SURATHKAL TALUK
                        MANGALORE - 575 001

Digitally signed        PRESENTLY R/AT:
by AMBIKA H B           RUKMINI KOTIAN NIVAS
Location: HIGH          SULTAN BATTERI ROAD
COURT OF                BOLOOR
KARNATAKA
                        MANGALURU - 575 003
                        D.K. DISTRICT
                                                                     ...APPELLANT
                   (BY SRI VIJAYA KRISHNA BHAT, ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA
                        BY ITS SECRETARY
                        DEPARTMENT OF LAND REFORMS
                        BENGALURU - 560 001
                             -2-
                                    NC: 2024:KHC:8411-DB
                                    WA No. 1249 of 2022




2.   THE LAND REFORMS TRIBUNAL
     DAKSHINA KANNADA
     MANGALURU - 575 001
     REPRESENTED BY ITS PRESIDENT

3.   SRI YADAVA
     AGED ABOUT 58 YEARS
     S/O LATE BABU MUGERA

4.   REVATHI
     AGED ABOUT 57 YEARS
     D/O LATE BABU MUGERA

     NOS.3 AND 4 ARE RESIDING AT
     NANDA GOKULA HOUSE
     NEAR ALEX BUILDING
     IDYA, MANGALURU
     D.K. DISTRICT - 575 001
                                        ...RESPONDENTS

(BY SRI S S MAHENDRA, GOVERNMENT ADVOCATE FOR R-1 & 2)


      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED

11.01.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.

NO.13665/2013 (LR) AND CONSEQUENTLY DISMISS THE WRIT

PETITION.



      THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,

T.G. SHIVASHANKARE GOWDA J., DELIVERED THE FOLLOWING:
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                                                NC: 2024:KHC:8411-DB
                                                 WA No. 1249 of 2022




                               JUDGMENT

Learned advocate for the appellant has filed a memo

dated 15.02.2024 seeking permission to withdraw the writ appeal.

2. Memo reads as follows:

"The Appellant submits that the above writ appeal is filed against the order of remand passed in writ petition No.13665/2013. During the pendency of this appeal pursuant to the remand order the Tribunal has taken up the matter and has also passed a final order dated 01.02.2023 without serving any notice to the appellant herein. The appellant has challenged the said order by filing a writ petition before this Hon'ble Court. Hence, under the aforesaid circumstances, the above appeal may not survive for consideration. Wherefore, the Appellant prays that Hon'ble Court be pleased to dismiss the above appeal as withdrawn, in the ends of justice and equity."

3. Memo is placed on record. Permission granted.

Accordingly, the writ appeal is dismissed as withdrawn.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS