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Krishna Naik Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

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Karnataka HC
2026
Krishna Naik Vs the State of KarnatakaKrishna Naik v. the State of Karnataka

Dismissed¶80

Krishna Naik v. the State of Karnataka

Karnataka HC18 Feb 2026WA/3724/2012

Case brief

AI extract

What is this about?

Dismissal of writ appeals for non-prosecution; no appearance despite two call-outs. Keywords: WA 3724/2012 (LR); WA 4273/2012 (LR); Section 4 Karnataka High Court Act 1961; WP 4848/2004 and WP 3122/2004 decided 15.06.2012 by learned Single Judge; Land Tribunal Shimoga; LRs of Krishna Naik (K. Ganga Naik; A.K./D.K. Yogendra Naik) v. LRs of K. Manjappa (K.M. Nagaraj(a), K.M. Gurumurthy, K. Anasuya, K.M. Patil, K.M. Sumangala, K.M. Sudha, M. Girijamba); Smt. Shivamma; counsel: Vinod Gowda (absent), M.S. Nagaraja (absent), Mangala R. Angadi, G.S. Balagangadhar, Prathiba R.K. Aga for State/Land Tribunal; interlocutory orders dated 10.01.2023 (proposed R10(a) deleted) and 13.11.2013 (R4, R5 treated as LRs of R6); coram Jayant Banerji and T.M. Nadaf; decided 18.02.2026.

What did the court decide?

Despite the matter being called out twice and no one appearing for the appellants, the Division Bench dismissed both writ appeals (WA No. 3724 of 2012 and WA No. 4273 of 2012) for non-prosecution; no substantive issue on the merits was addressed.

What the court decided

AI extract

Outcome

Dismissed

Ratio / Principle

Despite the matter being called out twice and no one appearing for the appellants, the Division Bench dismissed both writ appeals (WA No. 3724 of 2012 and WA No. 4273 of 2012) for non-prosecution; no substantive issue on the merits was addressed.

Detailed headnote1 paragraphs

Writ Appeals (WA No. 3724 of 2012 (LR) c/w WA No. 4273 of 2012 (LR)), filed under S. 4 of the Karnataka High Court Act, 1961, challenging learned Single Judge orders dated 15.06.2012 in W.P. Nos. 4848/2004 and 3122/2004 (cause titles involving the LRs of Krishna Naik and the LRs of K. Manjappa, with the Land Tribunal, Shimoga and the State of Karnataka as formal respondents): Dismissed by the Division Bench (Jayant Banerji and T.M. Nadaf JJ.; per Banerji J.) on 18.02.2026 for non-prosecution, as nobody appeared for the appellants although the matter was called out twice. The merits were not examined and no point of law was decided.

A

1 -

NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 3724 OF 2012 (LR)

C/W

WRIT APPEAL NO. 4273 OF 2012 (LR)

IN WA No. 3724/2012

BETWEEN:

KRISHNA NAIK, S/O DHAKYA NAIK, SINCE DECEASED BY HIS LRS

Digitally Signed by REKHA R Location : High Court of Karnataka

K. GANGA NAIK, S/O LATE KRISHNA NAIK, AGED ABOUT 33 YEARS, R/O MYSAVALLI, HARANAHALLI HOBLI, SHIMOGA DISTRICT - 577 416.

A.K. YOGENDRA NAIK,

S/O LATE KRISHNA NAIK, AGED ABOUT 31 YEARS, R/O. MYSAVALLI, HARANAHALLI HOBLI, SHIMOGA DISTRICT - 577 416.

…APPELLANTS

(BY SRI. VINOD GOWDA, ADVOCATE (ABSENT))

2 - NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

AND:

THE STATE OF KARNATAKA, REPTD. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BANGALORE - 560 001.

LAND TRIBUNAL, SHIMOGA-577301. BY ITS CHAIRMAN

K. MANJAPPA, S/O SANNAMALLAPA, SINCE DECEASED BY HIS LRS

K.M. NAGARAJA, S/O LATE K. MANJAPPA, MAJOR, R/O. MYSVALLI V BENAVALLI, SHIMOGA TALUK & DISTRICT - 577 301.

K.M. GURUMURTHY S/O LATE K MANJAPPA, MAJOR, R/O MYSVALLI V BENAVALLI, SHIMOGA TALUK & DISTRIST - 577 301.

SMT. K. ANASUYA, W/O B.J DIVEKAR, R/O SHIKARIPURA, SHIMOGA DISTRICT - 577 301.

K.M. PATIL, S/O LATE K MANJAPPA, MAJOR, R/O NO. 91, 4^TH CROSS, BASAVANAGUDI, SHIMOGA - 577 301.

3 - NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

SMT. K.M. SUMANGALA, W/O. SHIVANANDAPPA, R/O. ARISINAGERE POST, SHIKARIPURA TALUK, SHIMOGA DISTRICT - 577 301.

SMT. K.M. SUDHA, W/O. B.C. PATIL, R/O HANGAL, HAVERI DISTRICT - 581 104.

SMT. M. GIRIJAMBA, W/O. S.M. JAYAKUMAR, R/O. BASAPPA NAGARA, DAVANAGERE -577 001.

SMT. SHIVAMMA, W/O VEERABHADRAPPA, R/O HARNAHALLI, SHIMOGA TALUK & DISTRICT - 577 301.

…RESPONDENTS

(BY SRI. M.S. NAGARAJA, ADVOCATE FOR R3 TO R9, SMT. PRATHIBA R.K. AGA FOR R1 AND R2, R10(b)(i) TO R10(b)(v), R10(c) ARE SERVED AND UNREPRESENTED, VIDE COURT ORDER DATED:10.01.2023 PROPOSED TO R10(a) DELETED)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 4848/2004 DATED 15.06.2012 BY LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND SAID WRIT PETITION BE ALLOWED AS PRAYED FOR BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE.

4 -

NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

IN WA NO. 4273/2012

BETWEEN:

SRI. K. MANJAPPA, S/O. SANNAMALLAPPA, SINCE DEAD BY LRS.

K. M. NAGARAJ,

(a). S/O K. MANJAPPA, AGED ABOUT 46 YEARS, R/O MYSVALLI V. BENAVALLI, SHIMOGA TQ AND DIST-577408

(b). SRI K. M. GURUMURTHY, S/O K. MANJAPPA, AGED ABOUT 47 YEARS, R/O MYSVALLI V BENAVALLI, SHIMOGA TQ AND DISTRICT-577408

(c). SMT. K. ANASUYA, W/O B.J. DIVAKAR, AGED ABOUT 42 YEARS, R/O SHIKARIPURA, SHIMOGA-577408

(d). SRI. K. M. PATIL, S/O. K.MANJAPPA AGED ABOUT 45 YEARS, AGRICULTURIST, R/O. NO.91, 4^TH CROSS, BASAVANAGUDI, SHIMOGA-577408.

(e). SMT. K.M. SUMANGALA, W/O SHIVANANDAPPA, D/O K. MANAJAPPA, AGED ABOUT 38 YEARS, R/O ARISINAGERE (P) SHIKARIPURA TQ, SHIMOGA-577408.

5 - NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

(f). SMT. K.M. SUDHA, W/O B.C. PATIL, D/O. MANJAPPA, AGED ABOUT 36 YEARS, R/O HANGAL, HAVERI DISTRICT-581110.

(g). SMT. M. GIRIJAMBA W/O S.M JAYAKUMAR, D/O. K.MANJAPPA, AGED ABOUT 34 YEARS, R/O.BASAPURA, DAVANAGERE-577002.

...APPELLANTS

(BY SMT. MANGALA R. ANGADI ADVOCATE FOR A1(a) TO A1(g), SRI. M.S NAGARAJA, ADVOCATE(ABSENT)) AND:

STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560001.

LAND TRIBUNAL, SHIMOGA-577408 BY ITS CHAIRMAN.

SMT. SHIVAMMA, W/O VEERABHARAPPA, AGED ABOUT YEARS, R/O HARNAHALLI, SHIMOGA-577408

SRI. K. GANGA NAIK,

6 - NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

S/O KRISHNA NAIK, AGED ABOUT 45 YEARS

SRI. D. K. YOGENDRA NAIK, S/O KRISHNA NAIK, AGED ABOUT 40 YEARS,

SRI. KARNA NAIK, S/O DHAKYA NAIK, AGED ABOUT 56 YEARS,

RESPONDENTS 4 TO 6 ARE RESIDING AT MYSAVALLI VILLAGE, HARNAHALLI HOBLI, SHIMOGA TQ-577408.

(R4 AND R5 ARE TREATED AS L.Rs OF R6 VIDE ORDER DATED 13.11.2013.

...RESPONDENTS

(BY SRI. G.S BALAGANGADHAR FOR C/R3., ADVOCATE SMT.PRATHIBA R.K AGA FOR R1 AND R2

SRI. VINOD GOWDA, ADVOCATE FOR R4 TO R5 R3(B) LR'S OF DECEASED R3 SERVED)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961,PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 3122/2004 DATED 15/6/12 BY ALLOWING THIS WRIT APPEAL, IN THE INTEREST OF JUSTICE.

THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and

HON'BLE MR. JUSTICE T.M.NADAF

7 -

NC: 2026:KHC:9977-DB WA No. 3724 of 2012 C/W WA No. 4273 of 2012

HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Despite the matter being called out twice, no one appears for the appellants. These appeals are dismissed for non-prosecution.

Sd/(JAYANT BANERJI) JUDGE

Sd/(T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 27

Statutes considered

1 provisions across 1 enactments

AI extract

Karnataka High Court Act, 1961Section 4¶38

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 15.06.2012 passed by the learned Single Judge of the High Court of Karnataka in Writ Petition No. 4848/2004 (sought to be set aside in WA No. 3724 of 2012) and order dated 15/6/12 in Writ Petition No. 3122/2004 (sought to be set aside in WA No. 4273 of 2012).¶38
High Court of Karnataka - Learned Single Judge · 15.06.2012
Prior proceeding
In WA No. 4273 of 2012 the prayer was to set aside the order passed in Writ Petition No. 3122/2004 dated 15/6/12.¶71
Prior proceeding
In WA No. 3724 of 2012, R10(b)(i) to R10(b)(v) and R10(c) were served and unrepresented, and vide court order dated 10.01.2023 proposed R10(a) stood deleted.¶37
Prior proceeding
In WA No. 4273 of 2012, respondents 4 and 5 were treated as LRs of respondent 6 by order dated 13.11.2013.¶67

Parties & counsel

AI extract

appellant
Krishna Naik (since deceased), by his LRs K. Ganga Naik and A.K. Yogendra Naik (appellants, WA No. 3724 of 2012)¶15
Vinod Gowda
respondent
State of Karnataka (Reptd. by its Secretary, Department of Revenue) and Land Tribunal, Shimoga, by its Chairman (respondents 1 and 2, WA No. 3724 of 2012)¶23
Prathiba R.K. Aga
respondent
K. Manjappa (since deceased), by his LRs - K.M. Nagaraja, K.M. Gurumurthy, Smt. K. Anasuya, K.M. Patil, Smt. K.M. Sumangala, Smt. K.M. Sudha, Smt. M. Girijamba (respondents 3 to 9, WA No. 3724 of 2012)¶25
M.S. Nagaraja
respondent
Smt. Shivamma, W/o Veerabhadrapppa (respondent 10, WA No. 3724 of 2012; R10(b)(i) to R10(b)(v) and R10(c) served and unrepresented; proposed R10(a) deleted vide court order dated 10.01.2023)¶35
appellant
K. Manjappa (since dead), by his LRs - K.M. Nagaraj, K.M. Gurumurthy, Smt. K. Anasuya, K.M. Patil, Smt. K.M. Sumangala, Smt. K.M. Sudha, Smt. M. Girijamba (appellants 1(a) to 1(g), WA No. 4273 of 2012)¶44
Mangala R. Angadi, M.S. Nagaraja
respondent
State of Karnataka (by its Secretary, Revenue Department) and Land Tribunal, Shimoga, by its Chairman (respondents 1 and 2, WA No. 4273 of 2012)¶57
Prathiba R.K. Aga
respondent
Smt. Shivamma, W/o Veerbharappa (respondent 3, WA No. 4273 of 2012; R3(b) LRs of deceased R3 served)¶59
G.S. Balagangadhar
respondent
Sri K. Ganga Naik, Sri D.K. Yogendra Naik and Sri Karna Naik (respondents 4 to 6, WA No. 4273 of 2012; R4 and R5 treated as LRs of R6 vide order dated 13.11.2013)¶66
Vinod Gowda

Coram

AI extract

Jayant Banerjiauthor¶79
T.M. Nadafmember¶74

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 18 Feb 2026 · February
Registered: 13 Jul 2012
Case no.: WA/3724/2012
CNR: KAHC010046152012
Bench: Jayant Banerji T.m.nadaf
Disposal: Dismissed for Non-Prosecution
Case type: Writ Appeal (LR)

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Cite this judgement

Krishna Naik v. the State of Karnataka, WA/3724/2012 (KA), decided on 18 February 2026.

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 history4

Order dated 15.06.2012 passed by the learned Single Judge of the High Court of Karnataka in Writ Petition No. 4848/2004 (sought to be set aside in WA No. 3724 of 2012) and order dated 15/6/12 in Writ Petition No. 3122/2004 (sought to be set aside in WA No. 4273 of 2012).High Court of Karnataka - Learned Single Judge · 15.06.2012
In WA No. 4273 of 2012 the prayer was to set aside the order passed in Writ Petition No. 3122/2004 dated 15/6/12.
In WA No. 3724 of 2012, R10(b)(i) to R10(b)(v) and R10(c) were served and unrepresented, and vide court order dated 10.01.2023 proposed R10(a) stood deleted.

View full history

Bench / Coram

Jayant Banerji and T.M. Nadaf

Parties & counsel