Dismissed¶34

Shivappa Mahadevappa Yalival S/O Mahadevappa Yalival v. State of Karnataka

Karnataka HC12 Jun 2025WP/101565/2025

Case brief

AI extract

What is this about?

General parole; writ of mandamus; Articles 226 and 227 Constitution of India; withdrawal of writ petition by memo; verification of medical certificate (Annexure-A); police no-objection report on parole application; Central Prison Dharwad; State of Karnataka Home Department; four-week direction to State to file report. Neutral citation as printed: NC: 2025:KHC-D:7557. Single Judge (Pradeep Singh Yerur, J.), High Court of Karnataka, Dharwad Bench; petition dismissed as withdrawn; no case law cited or applied.

What did the court decide?

Since the petitioner sought to withdraw the petition, the Court cannot keep the petition pending. ¶27

Shivappa Mahadevappa Yalival S/O Mahadevappa… — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC-D:7557 WP No. 101565 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF JUNE 2025 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101565 OF 2025 (GM-RES)

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BETWEEN:

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SHIVAPPA MAHADEVAPPA YALIVAL, S/O. MAHADEVAPPA YALIVAL, FATHER OF BASAVARAJ @ BASAPPA, SHIVAPPAYALIVAL, CTP NO.5051, AGED ABOUT 70 YEARS, R/O. HIREHONNALLI, KALGHATAGI, HIREHONNALLI, DHARWAD DISTRICT, KARNATAKA-580114.

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…PETITIONER

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(BY SRI. SIRAJUDDIN AHMED, ADVOCATE)

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AND:

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STATE OF KARNATAKA, HOME DEPARTMENT, THROUGH PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.

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CHANABASAPPA K KALLUR

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Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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CHIEF SUPERINTENDENT, CENTRAL PRISON, DHARWAD-580008.

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(BY SRI. S.V. MAGADUM, AGA)

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S), ORDER(S) OR DIRECTION(S) AND THEREBY DIRECT THE RESPONDENT 2 TO RELEASE THE SON OF THE PETITIONER BASAVARAJ @ BASAPPA, SHIVAPPA YALIVAL CTP NO.5051 LODGED AT DHARWAD PRISON, ON GENERAL PAROLE FOR A PERIOD OF 90 DAYS IN THE INTEREST OF JUSTICE AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:7557 WP No. 101565 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Learned counsel for the petitioner files a memo to withdraw the petition.

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On the previous date of hearing, this Court has passed an order directing learned AGA to ascertain the genuinity and veracity of the medical certificate issued by the Doctor at Annexure-A. The same shall be pursued by the State to go into the genuinity and veracity of Annexure-A issued by the issuing authority of the Doctor and submit a report to the Court.

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In the meanwhile, since the petitioner wants to

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withdraw this petition, this Court cannot keep the petition pending.

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4. The memo reads as under:

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“The petitioner most respectfully submits that the petitioner need to withdraw this present petition as the police report in respect of accepting the parole application with a no objection is supposed to be forwarded to the prison only because this case is pending the said report is not forwarded.

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