Sri. Dinesh Kallahalli vs The Deputy Commissioner
2025 Latest Caselaw 7913 Kant

Karnataka High Court

Sri. Dinesh Kallahalli vs The Deputy Commissioner on 1 September, 2025

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                                                     NC: 2025:KHC:34143-DB
                                                        WA No. 1699 of 2024


                 HC-KAR




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF SEPTEMBER, 2025

                                          PRESENT
                       THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                            AND
                              THE HON'BLE MR. JUSTICE C M JOSHI
                            WRIT APPEAL NO. 1699 OF 2024 (GM-RES)
                BETWEEN:

                1.   SRI DINESH KALLAHALLI
                     S/O RAMAIAH KALLAHALLI
                     AGED ABOUT 42 YEARS
                     R/AT KALLAHALLI VILLAGE AND POST
                     KANAKAPURA TALUK
                     RAMANAGARA DISTRICT - 562 117.
                                                              ...APPELLANT
                (BY SRI YATHISHA K.J., ADVOCATE)

                AND:

Digitally       1.   THE DEPUTY COMMISSIONER
signed by
SUMATHY              MINI VIDHANA SOUDHA
KANNAN
                     KOPPAL TALUK
Location:
High Court of        KOPPAL DISTRICT - 583 231.
Karnataka
                2.   THE ASSISTANT COMMISSIONER
                     MINI VIDHANA SOUDHA
                     KOPPAL TALUK
                     KOPPAL DISTRICT - 583 231.

                3.   THE TAHSILDAR, KOPPAL
                     OFFICE OF THE TAHASILDAR
                     KOPPAL TALUK
                     KOPPAL DISTRICT - 583 231.
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                                   NC: 2025:KHC:34143-DB
                                    WA No. 1699 of 2024


 HC-KAR



4.   THE ASSISTANT DIRECTOR OF LAND RECORDS
     OFFICE OF THE TAHASILDAR
     KOPPAL TALUK
     KOPPAL DISTRICT - 583 231.

5.   THE SURVEYOR, SURVEY DEPARTMENT
     OFFICE OF THE TAHASILDAR
     KOPPAL
     KOPPAL DISTRICT - 583 231.

6.   D VALLABACHANDRA
     S/O VENKATAPATIRAJU
     AGED ABOUT 62 YEARS
     OCCUPATION BUSINESS
     REPRESENTED M/S HAMPIS BOULDERS RESORTS
     AS PROPRIETOR OR MANAGER
     RESIDING AT RAJARAMPETH
     BANDI HARLAPUR POST
     KOPPAL TALUK, KOPPAL DISTRICT - 583 231.
                                        ...RESPONDENTS

       THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
INTERIM STAY GRANTED BY THE SINGLE JUDGE OF THE
HIGH      COURT   OF   KARNATAKA   IN   WRIT    PETITION
NO.103649/2024, DATED 01.07.2024 AT HIGH COURT OF
KARNATAKA, DHARWAD BENCH WHICH RESTRAINS THE
RESPONDENTS FROM PROCEEDING WITH THE SURVEY AND
EVICTION PROCESS AS PER THE NOTICES ISSUED TO
RESPONDENT NO. 6, AS PER ANNEXURE - O & ETC.

       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                           NC: 2025:KHC:34143-DB
                                            WA No. 1699 of 2024


 HC-KAR




CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C M JOSHI


                         ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. None appears for the appellant.

2. The learned counsel for the appellant has filed a memo

dated 07.08.2025 seeking withdrawal of the appeal, in view of the

objections raised by the Registry. The appellant also seeks liberty

to file a fresh appeal before the Dharwad Bench of this Court.

3. The appeal is dismissed as withdrawn. We clarify that this

order will not preclude the appellant from filing a fresh appeal, in

accordance with law.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C M JOSHI) JUDGE

KS