Krishnappa S/O Ningappa Marapure Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

Krishnappa S/O Ningappa Marapure Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief granted; writ petition dismissed as withdrawn/not pressed pursuant to the petitioners' memo dated 19.02.2025; the impugned Land Tribunal order remains untouched.

Issue for consideration

Whether the order dated 18.05.2012 in KLR/SADALAGA/SR-168 passed by the Land Tribunal, Chikodi (Annexure-A), insofar as it granted 1/2 share of the suit land to respondents No. 4 to 9, ought to be quashed, and whether occupancy rights in the remaining 1/2 portion of R.S.No.958 measuring 4 acres 7 guntas at Sadalaga should be granted to the petitioner and respondents No. 10 to 15. (Framed from the prayers; the issue was left undecided owing to withdrawal.)

Ratio / Principle

The Court accepted the memo dated 19.02.2025 filed by the learned counsel for the petitioners stating that the petitioner is not interested in prosecuting the writ petition, and dismissed the petition as withdrawn (not pressed). No adjudication on the merits of the challenge to the Land Tribunal order.

Detailed headnote1 paragraphs

Writ Petition No. 107306 of 2017 (KLR-RR/SUR), High Court of Karnataka, Dharwad Bench (Suraj Govindaraj, J.), decided 19.02.2025. Filed under Articles 226 and 227 of the Constitution of India, the petition sought (a) certiorari to quash the order dated 18.05.2012 in KLR/SADALAGA/SR-168 passed by the Land Tribunal, Chikodi (Annexure-A) insofar as it granted 1/2 share of the suit land to respondents No. 4 to 9, and (b) mandamus directing the Tribunal to grant occupancy rights in the remaining 1/2 portion of R.S.No.958 measuring 4 acres 7 guntas at Sadalaga to the petitioner and respondents No. 10 to 15. Before decision, the petitioners' counsel filed a memo dated 19.02.2025 stating that the petitioner was not interested in prosecuting the writ petition and praying for dismissal as not pressed. The Court accepted the memo and dismissed the petition as withdrawn. No issue on the merits was adjudicated; the judgment has no ratio on the Land Tribunal dispute and is of limited precedential value.

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NC: 2025:KHC-D:3319 WP No. 107306 of 2017

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 19^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO.107306 OF 2017 (KLR-RR/SUR)

BETWEEN:

SHRI KRISHNAPPA S/O. NINGAPPA MARAPURE, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

(SINCE DEAD REPRESENTED BY LRS)

1(A). ANNAPURNA W/O KRISHNAPPA MARAPURE, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: LATAWADI, TALUK: SHIROL, DIST: KOLHAPUR, MAHARASTRA STATE.

1(B) KALLAPPA S/O KRISHNAPPA MARAPURE, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: LATAWADI, TALUK: SHIROL, DIST: KOLHAPUR, MAHARASTRA STATE.

ASHPAK KASHIMSA MALAGALADINNI

Digitally signed byASHPAK KASHIMSAMALAGALADINNI Location: High Court ofKarnataka, Dharwad BenchDate: 2025.02.21 16:31:11+0530

1(C) JAKKAVVA W/O MALLAPPA BHAGAYI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

1(D) SAKKUBAI D/O KRISHNAPPA MARAPURE, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: LATAWADI, TALUK: SHIROL, DIST: KOLHAPUR, MAHARASTRA STATE.

…PETITIONERS

(BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE)

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AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU.

THE LAND TRIBUNAL CHIKODI REPRESENTED BY ITS CHAIRMAN, TALUK: CHIKODI, DIST: BELAGAVI.

THE TAHASILDAR, CHIKKODI, TALUK: CHIKKODI, DIST: BELAGAVI.

SMT. LAXMIBAI W/O. VASUDEV KADEKAR, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: NEAR MAHALAXMI TEMPLE, OPPOSITE SRI. DATTATRAYA TEMPLE, KOLHAPUR, MAHARASHTRA STATE.

APPAYYA S/O BEERA MARAPURE, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

PUNDALIK S/O BEERA MARAPURE AGE: 70 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

SHEVANTA W/O DASHARAT MARAPURE AGE: 70 YEARS, OCC: HOUSEHOLD WORK, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

BERABAL S/O DASHARAT MARAPURE AGE: 30 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

PRATHIBHA W/O NINGAPPA HARAKE AGE: 22 YEARS, OCC: AGRICULTURE, R/O: BASAVAN GADDE, TALUK: CHIKODI, DIST: BELAGAVI.

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VASANTI W/O MARUTI MARAPURE AGE: 60 YEARS, OCC: HOUSEHOLD WORK, R/O: BIRADI, TQ: RAIBAG, DIST: BELAGAVI.

TAYAVVA W/O TAMMANNA KHOT AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

SUMITRA W/O SIDDALING VALAKE AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: BIRADI, TQ: RAIBAG, DIST: BELAGAVI.

MARUTI W/O RAMU MARAPURE AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BIRADE, TQ: RAIBAG, DIST: BELAGAVI.

MANOHAR S/O SHIVAPPA MARAPURE AGE: 52 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

DHAREPPA S/O NARAYAN MARAPURE AGE: 45 YEARS, OCC: AGRICULTURE, R/O: VADAGOL, TALUK: CHIKODI, DIST: BELAGAVI.

…RESPONDENTS

(BY SRI. M.M. KHANNUR, AGA FOR R1-R3; R6-R15 ARE SERVED; R4-INSUFFICIENT ADDRESS; R5-DECEASED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED:18.05.2012 IN KLR/SADALAGA/SR-168 PASSED BY THE 2^ND RESPONDENT VIDE ANNEXURE-A SO FAR AS IT RELATES TO GRANTING 1/2 SHARE SUIT LAND IN FAVOR OF THE RESPONDENTS NO.4 TO 9 ARE CONCERNED AND TO DIRECT 2^ND RESPONDENT TO GRANT OCCUPANCY REMAINING 1/2 PORTION OF THE SUIT LAND R.S.NO.958 MEASURING 4 ACRES 7 GUNTAS SITUATED AT SADALAGA TO THE PETITIONER AND RESPONDENTS NO.10 TO 15 BY ALLOWING THIS WRIT PETITION.

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NC: 2025:KHC-D:3319 WP No. 107306 of 2017

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

The petitioners are before this Court seeking for the following reliefs:

a) To Issue writ in the nature of certiorari to quash the impugned order dated:18.05.2012 in KLR/SADALAGA/SR-168 passed by the 2^nd respondent vide ANNEXURE-A so far as it relates to granting 1/2 share suit land in favor of the respondents No.4 to 9 are concerned;

b) To issue writ in the nature of mandamus directing the 2^nd respondent to grant occupancy remaining 1/2 portion of the suit land R.S.No.958 measuring 4 Acres 7 Guntas situated at Sadalaga to the petitioner and respondents No.10 to 15 by allowing this writ petition in the interest of justice and equity.

A memo dated 19.02.2025 signed by learned counsel

for the petitioners has been filed, which reads as

under:

“That the advocate for the petitioner most humbly begs to submits as under:

That the petitioner is not interested to prosecute the writ petition. Hence, it is most humbly prayed that this Hon’ble Court may kindly be pleased to dismiss the above Writ

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NC: 2025:KHC-D:3319 WP No. 107306 of 2017

petition as not pressed, by allowing this memo in the interest of justice and equity.

Hence this memo.”

Accepting the said memo and the submission of the learned counsel appearing for the petitioners, the

petition is dismissed as withdrawn.

Sd/(SURAJ GOVINDARAJ) JUDGE

AM CT-MCK List No.: 1 Sl No.: 59