IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.41833-41835/2017(KLR-RES) BETWEEN:
1. SRI. PEDDA NANJUNDAPPA, @ DODDA NANJUNDAPPA, S/O LATE CHIKKA VENKATAPPA, AGED ABOUT 57 YEARS, 2. Y. NANJUNDAPPA, S/O LATE YELLAPPA, AGED ABOUT 53 YEARS, 3. Y. SHANKARAPPA, S/O LATE YELLAPPA, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT PEDDATHUMIKEPALLI VILLAGE, MALLASANDRA POST, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT-561207.
... PETITIONERS (BY SRI ADINARAYANAPPA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M. S. BUILDING, AMBEKDAR VEEDI, BANGALORE-560001. REPT. BY ITS SECRETARY.
2. THE ASST. COMMISSIONER, CHIKKABALLAPUR SUB-DIVISION, CHIKKABALLAPUR-562101, CHIKKABALLAPUR DISTRICT.
3. THE TAHSILDAR, BAGEPALLI TALUK, BAGEPALLI-561207.
CHIKKABALLAPUR DISTRICT.
4. SRI P. C. SHIVAPPA, S/O LATE. CHINNA NANJAPPA, AGED ABOUT 46 YEARS, R/AT PEDDATHUMIKEPALLI VILLAGE, MALLASANDRA POST, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT-561207.
... RESPONDENTS (BY SMT. PRAMODHINI KISHAN AGA FOR R1 TO R3) **** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GRANT CERTIFICATE ISSUED BY R-3 IN FAVOUR OF THE R-4 ON 3.3.2017 IN RESPECT OF THE PROPERTY BEARING SY NO.91 OF PEDDATHUMIKEPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT FOR AN EXTENT OF 2 ACRES OF LAND WHICH IS PRODUCED AT ANNEXURE-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Smt. Pramodhini Kishan, learned Additional Government Advocate on taking notice for Respondent Nos.1 to 3 raised preliminary objection with regard to maintainability of the writ petitions on the ground that the petitioners have not challenged the order passed by the regularization committee and what is challenged is only Annexure ‘A’ – Saguvali Chit issued by the authorities in pursuance of the grant. It is only a consequential and therefore writ petitions are not maintainable.
2. At this stage, Sri Adinarayanappa, learned advocate for the petitioners filed memo for withdrawal of the writ petitions with liberty to file appeal before the Appellate Authority as contemplated under the Rules.
3. The memo for withdrawal dated 17.10.2017 is placed on record.
Accordingly, the Writ Petitions are disposed of with liberty as sought for.
Sd/-
JUDGE Gss/-