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A M Fernando Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
A M Fernando Vs the State of KarnatakaA M Fernando v. the State of Karnataka

Dismissed¶70

A M Fernando v. the State of Karnataka

Karnataka HC24 Oct 2025WA/1574/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Writ Appeal (SCST) WA No. 1574 of 2023 under Section 4, Karnataka High Court Act, 1961; appellant A.M. Fernando; official respondents (Revenue Department, Deputy Commissioner, Assistant Commissioner, Thasildhar, Revenue Inspector, Village Accountant) represented by AGA Mamatha Shetty, plus 19 individual respondents. Appeal disposed by withdrawal: memo filed by counsel for appellant recording Assistant Commissioner's order in K.SC.ST/112/2006-07 passed per directions in W.P.Nos. 23357/2011, 25476/2011, 35808/2013, 35861/2018; appeal dismissed as withdrawn on 24.10.2025; pending interlocutory applications do not survive. No substantive issue adjudicated; no precedent cited; no monetary quantum.

What did the court decide?

Leave to withdraw the writ appeal effectively accepted; appeal dismissed as withdrawn at the appellant's request, and pending applications, if any, held not to survive for consideration.

Why is it important?

In view of the memo filed by learned counsel for the appellant seeking leave to withdraw the appeal, the writ appeal is dismissed as withdrawn; pending applications, if any, do not survive for consideration. ¶70

What the court decided

AI extract

Outcome

Leave to withdraw the writ appeal effectively accepted; appeal dismissed as withdrawn at the appellant's request, and pending applications, if any, held not to survive for consideration.

Ratio / Principle

In view of the memo filed by learned counsel for the appellant seeking leave to withdraw the appeal, the writ appeal is dismissed as withdrawn; pending applications, if any, do not survive for consideration.

Detailed headnote1 paragraphs

Writ Appeal No. 1574 of 2023 (SCST), filed under Section 4 of the Karnataka High Court Act, 1961 by A.M. Fernando against the order dated 17.01.2023 in connected writ petitions (including W.P.Nos. 23357/2011, 25476/2011, 35808/2013 and 35861/2018), was not pressed to a decision. On the date fixed for orders, learned counsel for the appellant filed a memo stating that the Assistant Commissioner had passed the order in K.SC.ST/112/2006-07 pursuant to the directions issued in the said writ petitions, and praying to withdraw the appeal. The Division Bench (Anu Sivaraman and Vijaykumar A. Patil, JJ.; judgment per Vijaykumar A. Patil, J.) accepted the memo and, by judgment dated 24.10.2025, dismissed the appeal as withdrawn, holding that pending applications, if any, did not survive for consideration. No issue was framed or decided and no precedent was cited.

A

1 -

NC: 2025:KHC:42142-DB WA No. 1574 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 1574 OF 2023 (SCST)

BETWEEN:

A. M. FERNANDO SON OF JEYRAJ FERNANDO AGED ABOUT 58 YEARS, R/AT NO.8/1, 3RD CROSS MARCOM ROAD, ASHOK NAGAR, BANGALORE 560025.

…APPELLANT

(BY SRI. SURESH K., ADVOCATE)

AND:

Digitally signed by RUPA V Location: High Court Of Karnataka

THE STATE OF KARNATAKA REVENUE DEPARTMENT REP. BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU 560001.

THE DEPUTY COMMISSIONER K G ROAD, BENGALURU 560001.

ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION, KANDAYA BHAVANA, KEMPEGOWDA ROAD, BENGALURU 560001.

THASILDHAR BANGALORE EAST TALUK, K R PURAM, BENGALURU 560036.

2 - NC: 2025:KHC:42142-DB WA No. 1574 of 2023

HC-KAR

THE REVENUE INSPECTOR K R PURAM HOBLI, K R PURAM, BANGALORE EAST TALUK, BANGALORE 560036.

THE VILLAGE ACCOUNTANT BASAVANAPURA VILLAGE, BANGALORE EAST TALUK, BANGALORE 560036.

SRI SUBRAMANI AGED ABOUT 60 YEARS, S/O LATE MUNIYAPPA, CHIKKABASAVANAPURA K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE 560049.

G SAMPATH AGED ABOUT 69 YEARS, S/O M GANESHAN, R/AT FA 470, OLD TOWNSHIP HAL COLONY, VIMANAPURA POST, BANGALORE 560017.

G GAJENDRAN AGED ABOUT 62 YEARS, S/O GOVINDHAN, R/AT 8/31, SOUTH CROSS STREET, NEELSANDRA, BANGALORE 560047.

M KUPPUSWAMY AGED ABOUT 72 YEARS, S/O MUNISWAMY, R/AT 170, 3RD CROSS, YOGAPPA BLOCK, V NAGENAHALLI, R T NAGAR POST, BANGALORE 560032.

VIPLOV KUMAR AGED ABOUT 32 YEARS, S/O BINOD KUMAR SINGH, R/AT PRIYADARSHINI LAYOUT, DEVASANDRA M N ROAD,

3 -

NC: 2025:KHC:42142-DB WA No. 1574 of 2023

HC-KAR

K R PURAM, BANGALORE 560006.

K YASHODAMMA AGED ABOUT 56 YEARS, W/O Y S SRINIVAS R/AT PRIYADARSHINI LAYOUT, DEVASANDRA MN ROAD, K R PURAM, BANGALORE 560006.

K SRINIVAS RAO AGED ABOUT 44 YEARS, S/O KONDAIAH, R/AT PRIYADARSHINI LAYOUT, DEVASANDRA MN ROAD, K R PURAM, BANGALORE 560006.

H BANUMATHI AGED ABOUT 66 YEARS, W/O HARIKUMAR, R/AT PRIYADARSHINI LAYOUT, DEVASANDRA MN ROAD, K R PURAM, BANGALORE 560006.

R B PRABHAKAR SINGH AGED ABOUT 58 YEARS, S/O RAM SINGH, R/AT NO.1, 4TH CROSS, PRIYADARSHINI LAYOUT, DEVASANDRA MN ROAD, K R PURAM, BANGALORE 560006.

K SUGUNA AGED ABOUT 58 YEARS, R/AT NO.58/2, 8TH MAIN ROAD, 2ND CROSS, PRAKESH NAGAR, BANGALORE 560021.

B G NARAYANSWAMY AGED ABOUT 49 YEARS, S/O GOPALAPPA, R/AT NO.2, 4TH CROSS PRIYADARSHINI LAYOUT, DEVASANDRA MN ROAD, K R PURAM, BANGALORE 560006.

4 -

NC: 2025:KHC:42142-DB WA No. 1574 of 2023

HC-KAR

PARIZAN

AGED ABOUT 64 YEARS, W/O MASTHON SHAHEB, R/AT NO.25/26, 5TH CROSS PRIYADARSHINI LAYOUT DEVASANDRA MN ROAD, K R PURA, BENGALURU 560006.

THIRUMAL RAJ A S AGED ABOUT 52 YEARS, S/O SATHYANARAYANAN, R/AT NO.15, 2ND CROSS, PRIYADARSHINI LAYOUT DEVASANDRA MN ROAD, K R PURA, BENGALURU 560006.

JAYA PRAKESH P S AGED ABOUT 51 YEARS, S/O LATE SHESHADRI, R/AT SRI RAMA TEMPLE, 10TH CROSS, WILSON GARDEN, BANGALORE 560027.

V PARARISWAMY AGED ABOUT 63 YEARS, S/O VEERASWAMY, R/AT NO.27/1, MICHEAL PALYA, NEW THIPPASANDRA POST, BANGALORE 560075.

KUMARESH AGED ABOUT 50 YEARS, S/O T KUPPUSWAMY, R/AT NO.79, 2ND CROSS, MARUTHI MANDIR, SABANNA GARDEN, VIJAYA NAGAR, BANGALORE 560040.

V MEENA BAI AGED ABOUT 52 YEARS, W/O NAMADEV RAO, R/AT NO.195, 15TH CROSS, 2ND MAIN ROAD,

5 -

NC: 2025:KHC:42142-DB WA No. 1574 of 2023

HC-KAR

SUBRAMANI NAGAR, BANGALORE 560021.

N SAMAPATH AGED ABOUT 73 YEARS, W/O LATE K NARASIMHALU NAIDU, R/AT NO.11, 4TH CROSS, PRIYADARSHINI LAYOUT DEVASANDRA MN ROAD, K R PURA, BENGALURU 560006.

SMT. DEVAMMA W/O LATE K SATHYANARAYANA, AGED ABOUT 73 YEARS, NO.24, 5TH CROSS, PRIYADARSHINI LAYOUT DEVASANDRA MN ROAD, K R PURA, BENGALURU 560006.

…RESPONDENTS

(BY SMT. MAMATHA SHETTY., AGA FOR R1 TO R6)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS APPEAL AND TO SET ASIDE THE ORDER DATED 17.01.2023 IN THE WRIT PETITION NO. 35808/2013, 23357/2011, 23358/2011, 23359/2011, 23360/2011, 23361/2011, 23363/2011, 23364/2011, 23365/2011, 25476/2011, 35861/2018 AND ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and

HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

Learned counsel for the appellant has filed a memo

seeking leave of the Court to withdrawal the appeal which

reads as under:

6 -

NC: 2025:KHC:42142-DB WA No. 1574 of 2023

HC-KAR

"The appellant prays to withdraw the above mentioned appeal as the Assistant commissioner had passed the order in K.SC.ST/112/2006-07 as per the direction issued in WP No - 23357/2011, 25476/2011, 35808/2013, 35861/2018.

In the event of the order passed by the assistant commissioner the appellant prays to withdraw the above mentioned appeal in the interest of justice and equity."

In view of the aforesaid memo, the appeal is

dismissed as withdrawn.

Pending applications, if any, do not survive for consideration.

Sd/(ANU SIVARAMAN) JUDGE

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK List No.: 1 Sl No.: 33

Statutes considered

1 provisions across 1 enactments

AI extract

Karnataka High Court Act, 1961Section 4¶56

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 17.01.2023 in the connected writ petitions (W.P.Nos. 35808/2013, 23357/2011, 23358/2011, 23359/2011, 23360/2011, 23361/2011, 23363/2011, 23364/2011, 23365/2011, 25476/2011, 35861/2018 and etc.), which the writ appeal prayed to set aside. Forum not expressly stated in the text.¶56
17.01.2023
Prior proceeding
Learned counsel for the appellant filed a memo at the hearing seeking leave of the Court to withdraw the writ appeal.¶61
Prior proceeding
By the memo, the appellant recorded that the Assistant Commissioner had passed the order in K.SC.ST/112/2006-07 pursuant to directions issued in W.P.Nos. 23357/2011, 25476/2011, 35808/2013 and 35861/2018, and prayed to withdraw the appeal.¶67

Parties & counsel

AI extract

appellant
A. M. Fernando¶10
Suresh K.
respondent
The State of Karnataka, Revenue Department, rep. by its Secretary¶15
Mamatha Shetty
respondent
The Deputy Commissioner, K G Road, Bengaluru¶16
Mamatha Shetty
respondent
The Assistant Commissioner, Bangalore North Sub-Division¶17
Mamatha Shetty
respondent
The Thasildhar, Bangalore East Taluk, K R Puram¶18
Mamatha Shetty
respondent
The Revenue Inspector, K R Puram Hobli¶21
Mamatha Shetty
respondent
The Village Accountant, Basavanapura Village¶22
Mamatha Shetty
respondent
Subramani¶23
respondent
G Sampath¶24
respondent
G Gajendran¶25
respondent
M Kuppuswamy¶26
respondent
Viplov Kumar¶27
respondent
K Yashodamma¶32
respondent
K Srinivas Rao¶33
respondent
H Banumathi¶34
respondent
R B Prabhakar Singh¶35
respondent
K Suguna¶36
respondent
B G Narayanswamy¶37
respondent
Parizan¶41
respondent
Thirumal Raj A S¶43
respondent
Jaya Prakesh P S¶44
respondent
V Parariswamy¶45
respondent
Kumaresh¶46
respondent
V Meena Bai¶47
respondent
N Samapath¶52
respondent
Devamma¶53

Coram

AI extract

Anu Sivaramanmember¶6
Vijaykumar A. Patilauthor¶60

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 24 Oct 2025 · October
Registered: 19 Dec 2023
Case no.: WA/1574/2023
CNR: KAHC010667062023
Bench: Anu Sivaraman Vijaykumar A. Patil
Disposal: DISMISSED
Case type: Writ Appeal (SCST)

All orders in this case

2 orders share this CNR

15 Oct 2024Order 1 · S.g.pandit Ramachandra D. Huddar
24 Oct 2025Order 2 — this page · Anu Sivaraman Vijaykumar A. Patil

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Cite this judgement

A M Fernando v. the State of Karnataka, WA/1574/2023 (KA), decided on 24 October 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Karnataka High Court Act, 1961Section 4

View all statutes

Procedural history3

Order dated 17.01.2023 in the connected writ petitions (W.P.Nos. 35808/2013, 23357/2011, 23358/2011, 23359/2011, 23360/2011, 23361/2011, 23363/2011, 23364/2011, 23365/2011, 25476/2011, 35861/2018 and etc.), which the writ appeal prayed to set aside. Forum not expressly stated in the text.17.01.2023
Learned counsel for the appellant filed a memo at the hearing seeking leave of the Court to withdraw the writ appeal.
By the memo, the appellant recorded that the Assistant Commissioner had passed the order in K.SC.ST/112/2006-07 pursuant to directions issued in W.P.Nos. 23357/2011, 25476/2011, 35808/2013 and 35861/2018, and prayed to withdraw the appeal.

View full history

Bench / Coram

Anu Sivaraman and Vijaykumar A. Patil

Parties & counsel