- 1 - NC: 2025:KHC:14372 WP No. 25806 of 2024 C/W WP No. 29804 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 25806 OF 2024 (KLR-RR/SUR) C/W WRIT PETITION NO. 29804 OF 2024 (KLR-RES) IN WP No. 25806/2024 BETWEEN: 1. SMT SHAHNAWAZ W/O. LATE BASHU SAB AGED ABOUT 62 YEARS R/A. OPP. URDU SCHOOL URGADUR, SULEBAILU, SHIMOGA- 577 201. 2. ZAFRULLA KHAN S/O KHALEEL KHAN AGED ABOUT 49 YEARS R/O 20TH CROSS, RML NAGAR, SHIMOGA -577 201. …PETITIONERS (BY SRI. H S SANTHOSH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT. VIDHANA SOUDHA, BANGALORE-560 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14372 WP No. 25806 of 2024 C/W WP No. 29804 of 2024 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA-577 201. 4. THE DEPUTY TAHSILDAR, NADAKACHERI, NIDHIGE HOBLI, SHIMOGA TALUK, SHIMOGA-577 201. 5. AYESHA JHULKA W/O A K MOHAMMED NAWAZ, AGED ABOUT 40 YEARS, R/O 6TH CROSS, NEHRU NAGAR, SAGARA CITY - 577 401. 6. HABIB KHAN S/O JALIL KHAN, AGED ABOUT 63 YEARS CHALUKYA NAGAR, SHIMOGA-577 201. 7. DURGAJI RAO AGED MAJOR, GANDHI BAZAR, R/O SHIMOGA- 577 201. 8. RAFIQ S/O ABDUL RASHID, AGED ABOUT 60 YEARS, SULEBAILU, SHIMOGA -577 201. .…RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R4, SRI. PRUTHVI WODEYAR, ADVOCATE FOR R5, VIDE ORDER DATED 07.03.2025, NOTICE TO R6 TO R8 IS DISPENSED WITH) - 3 - NC: 2025:KHC:14372 WP No. 25806 of 2024 C/W WP No. 29804 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 05.09.2024 PASSED BY THE R-4 DEPUTY TAHSILDAR IN CASE NO. NA.KA.NI.RRT.DIS.C.R.06/24-25 AS PER ANNX-A. IN WP NO. 29804/2024 BETWEEN: 1. SMT. SHAHNAWAZ W/O. LATE. BASHU SAB AGED ABOUT 62 YEARS, R/A. OPP URDU SCHOOL, URGADUR, SULEBAILU, SHIMOGA - 577 201. ...PETITIONER (BY SRI. H S SANTHOSH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 3. THE ASSISTANT COMMISSIONER, SHIMOGA SUB-DIVISION, SHIMOGA - 577 201. 4. THE DEPUTY TAHSILDAR NADAKACHERI, NIDHIGE HOBLI, SHIMOGA TALUK, SHIMOGA - 577 201. - 4 - NC: 2025:KHC:14372 WP No. 25806 of 2024 C/W WP No. 29804 of 2024 5. AYESHA JHULKA, W/O A.K MOHAMMED NAWAZ, AGED ABOUT 40 YEARS, R/O 6TH CROSS, NEHRU NAGAR, SAGARA CITY - 577 401. 6. HABIB KHAN, S/O JALIL KHAN, CHALUKYA NAGAR, SHIMOGA - 577 201. 7. DURGAJI RAO, AGED MAJOR, R/O SHIMOGA. 8. RAFIQ S/O ABDUL RASHID, SULEBAILU, SHIMOGA - 577 201. 9. ZAFRULLA KHAN, S/O KHALEEL KHAN, AGED ABOUT 34 YEARS, R/O 20TH CROSS, RML NAGAR, SHIMOHA - 577 201. ...RESPONDENTS (BY SRI.MANJUNATH K., HCGP FOR R1 TO R4, SRI. PRUTHVI WODEYAR, ADVOCATE FOR R5, VIDE ORDER DATED 27.03.2025, NOTICE TO R6 TO R8 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 05.09.2024 PASSED BY THE R-4 DEPUTY TAHSILDAR IN CASE NO. NA.KA.NI.RRT.DIS.C.R.07/24-25 AS PER ANNX-A. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:14372 WP No. 25806 of 2024 C/W WP No. 29804 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER IN WP No.25806 & 29804 of 2024 1. After arguing the matter for some time, the learned counsel for the petitioner seeks permission to withdraw the writ petition. He submits that the petitioners are before the Civil Court and the revenue entries may be ordered to be made subject to the result of the said suit. 2. In light of the above submissions, the writ petitions are dismissed as withdrawn. 3. Liberty is however reserved to the petitioners to prosecute the suit which is stated to have been instituted by them. 4. In the event, the petitioners are able to secure a decree declaring that they are the owners of the property, then it is needless to state that the revenue entries will abide - 6 - NC: 2025:KHC:14372 WP No. 25806 of 2024 C/W WP No. 29804 of 2024 by the result of the suit as already held in W.P. Nos.8131 of 2021 and 5564 of 2021. 5. In view of the disposal of the petitions, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 40