Manjappa S/O Ujjappa Mudiyappanavar vs The State Of Karnataka
2024 Latest Caselaw 12221 Kant

Karnataka High Court

Manjappa S/O Ujjappa Mudiyappanavar vs The State Of Karnataka on 3 June, 2024

Author: S G Pandit

Bench: S G Pandit

                                                        -1-
                                                              NC: 2024:KHC-D:7368-DB
                                                                 WA No.100028 of 2022




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 3RD DAY OF JUNE, 2024

                                                    PRESENT

                                      THE HON'BLE MR JUSTICE S G PANDIT

                                                        AND

                                     THE HON'BLE MR JUSTICE G BASAVARAJA


                                     WRIT APPEAL NO.100028 OF 2022 (LA-RES)

                          BETWEEN:


                          1.   MANJAPPA
                               S/O UJJAPPA MUDIYAPPANAVAR
                               AGE. 53 YEARS,
                               OCC. AGRICULTURE,
                               R/O. RATTIHALLI,
                               TQ. RATTIHALLI,
                               DIST. HAVERI.


                          2.   RAMACHANDRAPPA
                               S/O BEERAPPA KATTIKAR
                               AGE. 54 YEARS,
                               OCC. AGRICULTURE,
KM
SOMASHEKAR                     R/O. RATTIHALLI,
Digitally signed by K M
SOMASHEKAR
                               TQ. RATTIHALLI,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
                               DIST. HAVERI.


                          3.   PARAMESHAPPA
                               S/O MARADEPPA KATTIKAR
                               AGE. 50 YEARS,
                               OCC. AGRICULTURE,
                               R/O. RATTIHALLI,
                               TQ. RATTIHALLI,
                               DIST. HAVERI.
                                                                             ...APPELLANTS
                          (BY SRI. B. ANWAR BASHA, ADVOCATE - ABSENT)
                               -2-
                                       NC: 2024:KHC-D:7368-DB
                                          WA No.100028 of 2022




AND:


1.   THE STATE OF KARNATAKA
     R/BY ITS UNDER SECRETARY,
     CHIEF MINISTER,
     VIDHANA SOUDHA,
     BENGALURU-01.

2.   THE STATE OF KARNATAKA
     CHIEF SECRETARY,
     REVENUE DEPARTMENT,
     VIDHANA SOUDHA,
     BENGALURU-01.

3.   THE STATE OF KARNATAKA
     UNDER SECRETARY,
     DEPARTMENT OF CO-OPERATION,
     VIDHANA SOUDHA,
     BENGALURU-01.

4.   THE DEPUTY COMMISSIONER,
     HAVERI,
     DIST. HAVERI.

5.   THE ASSISTANT COMMISSIONER,
     HAVERI,
     DIST. HAVERI.
                                                ...RESPONDENTS


       THIS WRIT APPEAL FILED U/S. 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO, SET ASIDE THE ORDER DATED 05.10.2020
IN WP NO.101309/2017 PASSED BY THE LEARNED SINGLE JUDGE IN
DISMISSING THE WRIT PETITION,       IN THE INTEREST OF JUSTICE
AND EQUITY.


       THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:
                             -3-
                                    NC: 2024:KHC-D:7368-DB
                                       WA No.100028 of 2022




                         JUDGMENT

There is no representation for the appellants. Even

on earlier occasions, i.e., on 13.03.2024 and 30.05.2024,

none appeared for the appellants. It appears that the

appellants have no interest in prosecuting the matter.

2. Lands of the petitioners were acquired on

28.06.1964 and the consequent award was passed on

29.10.1967. The present writ petition was filed in the year

2017 praying to quash the award dated 29.10.1967. There

is more than 50 years delay in approaching this Court. Be

that as it may, as there is no representation for the

appellants continuously, the appeal stands dismissed for

non-prosecution.

Sd/-

JUDGE

Sd/-

JUDGE

KMS, CT:VP