- 1 - NC: 2025:KHC:6198 WP No. 4595 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4595 OF 2024 (LB-RES) BETWEEN: 1. SRI D N VISHWANATH RAO S/O SRI D NARAYAN RAO AGED ABOUT 80 YEARS R/A DIBBUR VILLAGE DIBBUR GRAMA PANCHAYATH CHIKBALLAPUR TALUK AND DISTRICT …PETITIONER (BY SRI. RAJARAM T, ADVOCATE) AND: 1. TALUK EXECUTIVE OFFICER CHIKBALLAPUR TALUK CHIKBALLAPUR DISTRICT-562101. 2. PANCHAYATH DEVELOPMENT OFFICER DIBBUR GRAMA PANCHAYATH KASABA HOBLI, CHIKBALLAPUR TALUK CHIKBALLAPUR-562101. 3. SRI V GOPAL SHARMA S/O ALTE VENKATACHALA SHASTRY AGED ABOUT 60 YEARS R/A VATADA HOSAHALI GRAMA NAGARAGERE HOBLI GOWRIBIDANUR TALUK-561208. 4. SMT GAYATRAMMA D/O LATE VENAKTACHALA SHASTRY W/O SRI D N SHIVANNA AGED ABOUT 45 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6198 WP No. 4595 of 2024 R/A VATADA HOSAHALLI GRAMA NAGARAGERE HOBLI GOWRIBIDANUR TALUK-561208 …RESPONDENTS (BY SRI. M S DEVARAJU., ADVOCATE FOR R-1 & 2; SRI. A.NAGARAJAPPA., ADVOCATE FOR R-3 & R-4) THIS WP IS FILED UDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE ORDER DATED 25/05/2023 PASSED BY THE R1 TALUK EXECUTIVE OFFICER IN APPEAL GPA NO. 13/2022-23 VIDE ANNEXURE-L, ETC. THIS PETITION, COMING ON FOR FINAL DISPOSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging the order passed by the Executive Officer, Taluk Panchayat who has ordered for registration of the Khata, in the manner specified therein. 2. It is not in dispute that the petitioner has in fact instituted a suit in O.S. No.66 of 2023 seeking for a decree of permanent injunction, and in the said suit, an application for injunction was refused, as against which an appeal was preferred, and it is stated that - 3 - NC: 2025:KHC:6198 WP No. 4595 of 2024 the question relating to grant of injunction is pending before this Court. 3. In my view, since the petitioner is already before the Civil Court by instituting O.S. No.66 of 2023, it would be appropriate for the petitioner to amend the said suit and seek for a declaration. 4. In such an event, the order passed by the Executive Officer, Taluk Panchayat, would hold the field till the said suit is decided, and both the parties shall necessarily be bound by the decree that may be passed in the suit by the Civil Court. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 76