IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT APPEAL NO.2711 OF 2015 (LR) BETWEEN:
1. JAYANTILAL. N. SHAH SON OF LATE N.P. SHAH, AGED ABOUT 85 YEARS, RESIDING AT NO.221, NAGARTHPET, 1ST FLOOR, BENGALURU-560 002.
2. ESHA G. SHAH DAUGHTER OF SRI GIRISH J. SHAH, AGED ABOUT 25 YEARS, RESIDING AT NO.5/1, NORTH PUBLIC SQUARE, BASAVANAGUDI, BENGALURU-560 004.
3. PUNIT N. SHAH SON OF N.J. SHAH, AGED ABOUT 29 YEARS, RESIDING AT NO.106, VENKATESHWARA MARKET, 120 AVENUE ROAD, BENGALURU-560 002.
...APPELLANTS (BY SRI S.S. NAGANAND, SENIOR ADVOCATE FOR SRI SRIRANGA S., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, BENGALURU-560 001.
2. ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203.
3. THASILDHAR OFFICE OF ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203.
…RESPONDENTS (BY SRI KIRAN KUMAR T.L., AGA FOR R-1 TO R-3; SRI THOMAS V. PETER FOR IMPLEADING APPLICANT ON IA 1/18) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.08.2015 PASSED IN WRIT PETITION NOS.30563-65 OF 2015 AND 30743-66 OF 2015 (LR-RES) AND ALLOW THE WRIT PETITION, IN THE INTERESTS OF JUSTICE AND EQUITY.
***** THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The learned Government Advocate appearing for the respondents has filed a memo dated 03.12.2019, which reads as follows:
“That earlier the respondent No.2, has already passed an order bearing No.LRF (DE) SR 167/09-10, dated 23.11.2009, dropping the proceedings under Section 79(A) & (B). In view of the same, the present proceedings is unnecessary. Accordingly the present proceedings in LRF (SR)65/15-16, is closed as per order dated 27.11.2019. The copy of the order dated 27.11.2019 is herewith produced for the kind perusal of this Hon’ble Court and it is prayed that the same may kindly be taken on record in the interest of justice and equity.”
2. He further pleads that the second respondent has dropped the proceedings under Sections-79(a) and 79(b) of the Karnataka Land Reforms Act, 1961. Hence, nothing further survives for consideration in this appeal.
In view of the submissions made and the memo filed, the appeal is disposed off as such.
Sd/- JUDGE Sd/- JUDGE JJ