Dismissed¶39

Sri Ashok S/O Mallappa Nidavani v. the Deputy Commissioner

Karnataka HC11 Jun 2025WP/103892/2024

Case brief

AI extract

What is this about?

Abatement dismissal: petitioner died 20.02.2025, LRs not brought on record despite opportunities; petition held not to survive and dismissed as abated (Karnataka HC, Dharwad, 11.06.2025, Pradeep Singh Yerur J.). Underlying prayers (unadjudicated): certiorari against endorsement dated 29.06.2021 (Annexure-C) by Respondent No.2; mandamus for survey/boundaries per Annexure-A map to SC order dated 30.01.2008 in SLP(C) No.32600/2014. Filed under Articles 226 and 227, Constitution of India. No relief, no quantum.

What did the court decide?

Since the legal representatives of the deceased petitioner were not brought on record despite sufficient opportunities, the petition would not survive for consideration. ¶38

Sri Ashok S/O Mallappa Nidavani Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC-D:7538 WP No. 103892 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH DAY OF JUNE 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103892 OF 2024 (KLR-RR/SUR)

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BETWEEN:

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SRI. ASHOK S/O. MALLAPPA NIDAVANI, AGE: 68 YEARS, OCC: BUSINESS, R/AT. LAKSHMI NAGAR, NEAR MELAVANKI HOSPITAL, NEAR MODERN TALKIES, DHARWAD-580 001.

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…PETITIONER

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(BY SRI. SANKET M. YENAGI, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER AND DEPUTY DIRECTOR OF LAND RECORDS, DHARWAD-580 001.

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ASSISTANT DIRECTOR, THE OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, CITY SURVEY DEPARTMENT, DHARWAD-580 001.

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CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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SMT. VISHALAKSHI W/O. LATE SHIVAGOGI HARIHAR, SINCE DEAD BY LR’S.

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3A. SMT. UMA W/O. LATE. BASAVARAJ HAKARI, D/O. LATE SHIVAGOGI HARIHAR, AGE: MAJOR, OCC: NOT KNOWN,

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3B. SMT. VEENA W/O. LATE JAYDEV HARIHAR, AGE: MAJOR, OCC: NOT KNOWN,

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3C. SMT. ANUPAMA D/O. LATE. JAYDEV HARIHAR,

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2 - NC: 2025:KHC-D:7538 WP No. 103892 of 2024

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HC-KAR

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AGE: MAJOR, OCC: NOT KNOWN,

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3D. SRI. MAHANTH S/O. LATE. JAYDEV HARIHAR, AGE: MAJOR, OCC: NOT KNOWN,

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3E. SMT. MUKTHA W/O. LATE. ARAVIND KARAMADI, AGE: MAJOR, OCC: NOT KNOWN,

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3F. SMT. ANNAPOORNA W/O. SHIVAYOGI MESTRI, AGE: MAJOR, OCC: NOT KNOWN,

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ALL THE RESPONDENTS NO.3(A) TO 3(F) ARE RESIDING AT:

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NEAR GANGAPATHI TEMPLE, MARATHA COLONY, MALAPUR, DHARWAD-580 008.

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…RESPONDENTS

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(BY SRI. M.M. KHANNUR, AGA FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO

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ISSUANCE OF A WRIT OF CERTIORARI BY SETTING ASIDE THE ENDORSEMENT DATED 29.06.2021 AT ANNEXURE-C ISSUED BY THE RESPONDENT NO.2 HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY.

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CONSEQUENTLY, ISSUANCE OF A WRIT OF MANDAMUS TO CONDUCT THE SURVEY AND TO FIX BOUNDARIES OF THE PROPERTIES MARKED AS A, B, C, D AND E, F, G, H AS PER THE MAP / HAND SKETCH ANNEXED AS ANNEXURE-A TO THE ORDER DATED 30.01.2008 PASSED BY THE SUPREME COURT IN SPECIAL LEAVE PETITION (C) NO.32600/2014), IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

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3 - NC: 2025:KHC-D:7538 WP No. 103892 of 2024

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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 AGA is directed to take notice for the respondent Nos.1 and 2.

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Learned counsel for the petitioner has filed a memo reporting death of the petitioner on 20.02.2025 vide memo dated 10.03.2025. Despite giving sufficient opportunities, legal representatives of the deceased petitioner have not been brought on record.

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Under the circumstances, since the legal representatives of the deceased petitioner are not brought on record, the petition would not survive for consideration.

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This petition is dismissed as abated.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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kmv CT-MCK

Sri Ashok S/O Mallappa Nidavani v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri Ashok S/O Mallappa Nidavani v. the Deputy Commissioner

Case brief

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