IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.50649/2012(LR) BETWEEN:
1. DURGAPPA BIN DURGAPPA SINCE DECEASED BY LRs:
1(a) SMT. HANUMAMMA W/O LATE DURGAPPA AGED ABOUT 64 YEARS.
1(b) SMT. NEELAMMA KOM HANUMANTHAPPA D/O LATE SRI. DURGAPPA AGED ABOUT 40 YEARS.
1(c) SMT. SUSHEELAMMA D/O LATE DURGAPPA AGED ABOUT 38 YEARS.
1(d) SMT. DURUGAMMA KOM HANUMANTHAPPA D/O DURGAPPA AGED ABOUT 36 YEARS.
1(e) SRI. HANUMANTHAPPA S/O LATE DURGAPPA AGED ABOUT 34 YEARS.
1(a) TO 1(e) ARE RESIDENTS OF GUDDADA THUMINAKATTE VILLAGE UDUGUNI HOBLI, SHIKARIPURA TALUK, SHIMOGA DISTRICT.
... PETITIONERS AND:
1. STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, M.S. BLDG., BANGALORE – 560 001.
2. THE LAND TRIBUNAL SHIKARIPURA TALUK SHIKARIPURA SHIMOGA DISTRICT BY ITS SECRETARY – 577 427.
3. THAMANNA BIN GANGOJI SINCE DECEASED BY LRs:
3(a) DURGOJI @ DURGAPPA S/O LATE THAMMANNA AGED ABOUT 50 YEARS RESIDING AT SURGIHALLI VILLAGE SURGIHALLI POST, HOSUR HOBLI SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427.
3(b) KALLASAPPA S/O LATE THAMMANNA AGED ABOUT 47 YEARS RESIDING AT SURGIHALLI VILLAGE P.O. SURGIHALLI, HOSUR HOBLI SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427.
3(c) SRI. AJJAPPA S/O LATE THAMMANNA AGED ABOUT 44 YEARS RESIDING OF SURGIHALLI VILLAGE P.O. SURGIHALLI, HOSUR HOBLI SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427.
3(d) SMT. LAKSHMAKKA D/O LATE THAMMANNA AGED ABOUT 42 YEARS RESIDING OF SURGIHALLI VILLAGE P.O. SURUGIHALLI, HOSUR HOBLI SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427.
3(e) SMT. SARASWATHI D/O LATE THAMMANNA AGED ABOUT 39 YEARS GABBUR VASI (GAGRI) SHIKARIPURA TOWN & TALUK SHIMOGA DISTRICT – 577 427.
3(f) T. CHANDRAPPA S/O LATE THAMMANNA AGED ABOUT 36 YEARS RESIDING AT SURIGIHALLI VILLAGE P.O. SURAGIHALLI, HOSUR HOBLI SHIKARIPURA TALUK SHIMOGA DISTRICT – 577 427.
... RESPONDENTS (BY SRI. A.C. BALARAJ, AGA FOR R-1 & R-2;
SRI. D.R. ANANDEESHWAR, ADVOCATE FOR R-3(a-c); R-3(d), (e) & (f) ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE ORDER OF THE LAND TRIBUNAL, SHIKARIPURA TQ. SHIKARIPURA, DATED:04.07.2012 MARKED AS ANN-C TO ISSUE OF WRIT OF CERTIORARI.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appears on behalf of petitioners. Learned Advocate representing petitioners expired during pendency of present writ petition. In the normal course, this court would have ordered for issuance of court notice. However, this court is of the considered view that no useful purpose would be served in ordering court notice to the petitioners particularly in the background of order impugned in the present writ petition dated 04.07.2012 (Annexure-C) having been passed by virtue of a compromise entered into between deceased Sri Durgappa and deceased third respondent in W.P.No.46002/2001 (Annexure-H).
2. Perusal of the said order would disclose that deceased Sri Durgappa was represented by learned counsel along with writ petitioner therein (Sri Thammanna) who are now represented by his legal representatives - respondents-3(a) to 3(f) have entered into settlement and said Sri Durgappa had consented for additional 2 acres of land in Sy.No.128, Block No.17 of Surgihalli village, Shikaripur Taluk, Shimoga District being granted in favour of tenant – Sri Thammanna. Hence, land tribunal, giving effect to the said compromise petition, though there was no necessity to pass such order since co-ordinate Bench of this court has already disposed of said writ petition on the compromise petition conferring occupancy rights in favour of Sri Thammanna to the extent of 4 acres in said survey number. Hence, this writ petition stands dismissed as no useful purpose would be served by keeping it pending.
SD/- JUDGE *sp