Disposed¶36

Shantayya Dupad Since Deceased by Lrs Smt Channawwa W/O Shanthayya Dupad v. the State of Karnataka

Karnataka HC20 Jan 2025WP/100219/2025

Case brief

AI extract

What is this about?

Karnataka HC (Dharwad Bench), W.P. No. 100219 of 2025 (GM-RES), M. Nagaprasanna J., 20-01-2025: writ petition under Articles 226/227 by the LRs. of deceased Shantayya Dupad seeking mandamus for disposal of Miscellaneous Petition No. 7/2015 in terms of the earlier direction in W.P. No. 110404/2017 dated 7-7-2021, and restraint against change in the nature of disputed property pending that disposal; withdrawn at preliminary hearing and disposed as withdrawn with liberty reserved. No merits decided; no precedent engaged; relevant only as procedural history of Misc. Petition No. 7/2015.

What did the court decide?

Petition permitted to be withdrawn with liberty reserved to avail such remedy as available in law. ¶36

Shantayya Dupad Since Deceased by Lrs Smt… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:855 WP No. 100219 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO.100219 OF 2025 (GM-RES)

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BETWEEN:

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SHANTAYYA DUPAD SINCE DECEASED BY LRS.,

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SMT. CHANNAWWA W/O. SHANTHAYYA DUPAD, AGED ABOUT 63 YEARS, OCC: HOUSEHOLD WORK, R/O HITTANGI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI.

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SMT. MAHADEVI W/O. VEERAIAH MATHAPATHI, AGED ABOUT 44 YEARS, OCC: HOUSEHOLD WORK, R/O SHIRASANGI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI – 591 126.

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Digitallysigned byVISHALNINGAPPAPATTIHAL
VISHALNINGAPPAPATTIHAL Location:High Court ofKarnatakaDharwadBenchDate:2025.01.2211:00:42+0530

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SRI MAHANTHAYYA S/O. SHANTHAYYA DUPAD, AGED ABOUT 37 YEARS, OCC: AGRICULTURE, R/O: HITTANGI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI – 591 126.

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SRI BASAVARAJ S/O. SHANTHAYYA DUPAD, AGED ABOUT 35 YEARS, OCC. AGRICULTURE, R/O HITTANGI VILLAGE, TQ. SAUNDATTI, DIST: BELAGAVI – 591 126.

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SMT. NEELAWWA @ SHIVAMMA W/O. BASAYYA NADIKOLMATH, AGED ABOUT 33 YEARS, OCC: HOUSEHOLD WORK, R/O: DODWAD VILLAGE, TQ: BAILHONGAL, DIST: BELAGAVI – 591 213.

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…PETITIONERS

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(BY SRI H. M. DHARIGOND, ADVOCATE)

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NC: 2025:KHC-D:855 WP No. 100219 of 2025

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY CHIEF DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI – 590 001.

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THE SECRETARY, GRAM PANCHAYATH SUTAGATTI, TQ: SAUNDATTI, DIST: BELAGAVI – 591 126.

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SRI MADIWALAPPA SHIVARAYAPPA PUJAR, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, R/O: HITTANGI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI – 591 126.

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SRI SRIKANT SHIVARAYAPPA PUJAR, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/O: HITTANGI VILLAGE, TQ: SAUNDATTI, DIST: BELAGAVI – 591 126.

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…RESPONDENTS

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(BY SRI SHARAD V. MAGADUM, ADVOCATE FOR R1)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT IN THE NATURE OF MANDAMUS DIRECT THE 1^ST APPELLATE COURT TO DISPOSE OF THE MISCELLANEOUS PETITION NO. 7/2015 FILED BY THE PETITIONERS VIDE ANNEXURE-A AS PER DIRECTION OF THIS HON BLE COURT PASSED IN W P NO. 110404/2017 DATED 7-7-2021 VIDE ANNEXURE-E. A WRIT IN THE NATURE OF MANDAMUS RESTRAINING THE RESPONDENTS THEIR AGENTS, SERVANTS, HENCHMAN OR ANYBODY ACTING ON THEIR BEHALF FROM CHANGING THE NATURE OF THE PROPERTY UNDER DISPUTE TILL DISPOSAL OF THE MISCELLANEOUS PETITION NO. 7/2015 AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:855 WP No. 100219 of 2025

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

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Learned counsel for petitioner seeks leave of this

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