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Ramesh V N vs State of Karnataka

Ramesh V N vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Nov 03, 2025
~3 min read
https://sooperkanoon.com/case/1776017

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/29763/2025

Parties & Advocates

Appellant / Petitioner

Ramesh V N

Respondent

State of Karnataka

Excerpt

.....v. seshu, hcgp for r1 to r3; sri m. ramachandra gowda, advocate for r6 to r8) this w.p. is filed under articles 226 and 227 of the constitution of india, praying to directing the r2 to fix the date of hearing on maintainability of the appeal no. 260/2025 (annexure-d) consisting hon'ble chairman with a judicial member and dispose the appeal in accordance with law and etc. this petition coming on for orders this day,order was made therein as under:coram: hon'ble mr. justice s sunil dutt yadavoral orderthe present petition has been filed for issuance of writ in the nature of mandamus to direct the 2nd respondent to fix the date of hearing as regards the aspect of maintainability of the appeal no. 260/2025.2. it is the contention of the petitioner that therewere no sittings of the bench and accordingly in light of -4- non-consideration of interim prayer sought for, the petitioner was constrained to approach this court.3. learned high court government pleader uponinstructions submits that if the office objections are cleared, the matter would be posted by the registry of the karnataka appellate tribunal before the regular bench and the matter would be taken up. it is further submitted that as the regular date is on 04.11.2025, necessary communication would be made to the registrar to ensure that the matter is taken up.4. in light of the same, petition is disposed of.the interim protection granted on 14.10.2025 would continue for a period of two weeks. the karnataka appellate tribunal may take up i.a no. 1 stated to have been filed for consideration, as well as to hear regarding maintainability. all contentions are kept open. -5- issuance of notice to respondents 4 and 5 is dispensed with in light of relegation of the matter before the karnataka appellate tribunal. sd/- (s sunil dutt yadav) judge vp

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29763 OF 2025 (LR) BETWEEN:

1. RAMESH V N S/O LATE NARAYANAPPA, AGED ABOUT 49 YEARS

2. ASHOK KUMAR

S/O LATE NARAYANAPPA, AGED ABOUT 35 YEARS, BOTH ARE R/AT M.V. EXTENSION, HOSAKOTE-562 114, … PETITIONERS Digitally (BY SRI. HATTARAKIHAL PARASHURAM., ADVOCATE) signed by VIJAYA P Location: AND: HIGH COURT OF KARNATAKA

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, BENGALURU-560 001, REP. BY ITS SECRETARY.

2. THE REGISTRAR, KARNATAKA APPELLATE TRIBUNAL, M.S.BUILDINGS, BENGALURU-1. -2-

3. THE ADDL. DY. COMMISSIONER (ADC), DODDABALLAPURA-561 203,

4. V. GOPALAPPA, S/O LATE VENKATAGIRIYAPPA, AGED ABOUT-75 YEARS, R/AT VAGATA VILLAGE, JADIGENAHALLI HOBLI,

5. DODDAMUNIYAPPA, S/O NOT KNOWN TO THE APPELLANT, AGE 50 YEARS, R/O BYALAHALLI VILLAGE, ANUGONDANAHALLI HOBLI, DODDAMUNEPPA DEAD BY LRS-

6. MUNIKRISHNAPPA, AGED ABOUT 48 YEARS,

7. MALIYAPPA AGED ABOUT 46 YEARS.

8. NAGAPPA

AGED ABOUT 44 YEARS -3- R6 TO R8 ARE RESIDENT OF VADIGENAHALLI VILLAGE, JADEGENAHALLI HOBLI, … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3; SRI M. RAMACHANDRA GOWDA, ADVOCATE FOR R6 TO R8) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R2 TO FIX THE DATE OF HEARING ON MAINTAINABILITY OF THE APPEAL NO. 260/2025 (ANNEXURE-D) CONSISTING HON'BLE CHAIRMAN WITH A JUDICIAL MEMBER AND DISPOSE THE APPEAL IN ACCORDANCE WITH LAW AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The present petition has been filed for issuance of writ in the nature of mandamus to direct the 2nd respondent to fix the date of hearing as regards the aspect of maintainability of the Appeal No. 260/2025.

2. It is the contention of the petitioner that there

were no sittings of the bench and accordingly in light of -4- non-consideration of interim prayer sought for, the petitioner was constrained to approach this Court.

3. Learned High Court Government Pleader upon

instructions submits that if the office objections are cleared, the matter would be posted by the registry of the Karnataka Appellate Tribunal before the regular bench and the matter would be taken up. It is further submitted that as the regular date is on 04.11.2025, necessary communication would be made to the Registrar to ensure that the matter is taken up.

4. In light of the same, petition is disposed of.

The interim protection granted on 14.10.2025 would continue for a period of two weeks. The Karnataka Appellate Tribunal may take up I.A No. 1 stated to have been filed for consideration, as well as to hear regarding maintainability. All contentions are kept open. -5- Issuance of notice to respondents 4 and 5 is dispensed with in light of relegation of the matter before the Karnataka Appellate Tribunal. Sd/- (S SUNIL DUTT YADAV) JUDGE VP

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