IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL APPEAL No.47 OF 2019 BETWEEN:
1. Shri.H.D.Doreswamy, S/o Doddegowda, Aged about 50 years, 2. Shri. Kalegowda, S/o Nanjegowda, Aged about 63 years, 3. Shri.Doddegowda, S/o Chikkegowda, Aged about 54 years, 4. Shri. Chandrashekar, S/o Chikkegowda, Aged about 35 years, 5. Shri.Nanjegowda, S/o Doddegowda, Aged about 43 years, 6. Shri.Shivashankar, S/o Thopegowda, Aged about 41 years, All are R/at Attavara Hosahalli, Attavara Post, Dudda Hobli, Hassan Taluk & District.
… Appellants (By Sri.Shivakumar H., for Sri.Prakash T Hebbar, Advocates) AND:
1. State of Karnataka, Represented by Principal Secretary to Government, Department of Revenue, 5th Floor, M.S.Building, Dr.B.R.Ambedkar Veedhi, Bengaluru – 560 001.
2. Shri.Channegowda, S/o Channegowda, Aged about 55 years, Attavara Hosahalli, Attavara Post, Dudda Hobli, Hassan Taluk & District.
(By Sri. Divakar Maddur, HCGP for R1) … Respondents This Criminal Appeal is filed under Section 374(2) of Cr.P.C. praying to modify the impugned judgment and order dated 02.11.2018 passed in Case No. L.G.C (P) 221/2017 connected with L.G.C.No.1372/2017 directing the first respondent to take steps to evict the second respondent-unauthorized occupant form the schedule land grabbed by him and as provided under section 9(8) of the Karnataka Land Grabbing Prohibition Act.
This Criminal Appeal coming on for orders this day, the Court made the following:
ORDER Learned counsel for the appellants has filed a memo seeking withdrawal of this Criminal Appeal, since he intends to file Writ Petition. He is also sought for returning the certified copy of the impugned order.
2. In view of the memo and supporting submission, the Criminal Appeal stands withdrawn as not maintainable as per the Office objection and certified copy of the impugned order said to have been filed along with the Criminal Appeal is permitted to be returned to the appellant, however securing a copy there of to the records.
Sd/-
JUDGE Psg*