- 1 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100829 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. GIRISH KALASAPPANAVAR S/O. SHIVANDAPPA K., AGE: 36 YEARS, OCC: AGRICULTURE, R/O. GUNDAGATTI VILLAGE, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA. …PETITIONER (BY SRI. NAGANGOUDA R. KUPPELUR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGARA, DIST: VIJAYANAGARA-583131. 2. THE ASSISTANT COMMISSIONER HARAPANAHALLI, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583131. 3. THE TAHASILDAR, HARAPANAHALLI, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583131. 4. SRI. GANESH KAMMATAR S/O. LATE KOTRAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. GUNDAGATTI VILLAGE, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583131. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R3; ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025 NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 23.01.2025 IN APPEAL NO.84/2024-25 PASSED BY THE 1ST RESPONDENT, VIDE ANNEXURE-B AND CONSEQUENTLY TO CONFIRM THE ORDER DATED 13.09.2024 PASSED BY THE 2ND RESPONDENT RA(H.HALLI) CR 37/2024 VIDE ANNEXURE-A; ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. Notice to respondent No.4 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs; “1. Issue a writ in the nature of certiorari quashing the impugned order dated 23.01.2025 in Appeal No. 84/2024-25 passed by the 1st respondent vide Annexure-B and consequently to confirm the order dated 13.09.2024 passed by the 2nd respondent in RA(H.Halli) CR 37/2024 vide Annexure-A. 2. Issue any other writ, order or direction as this Hon’ble Court deems fit to grant in the facts and circumstances of this case in the interest of justice and equity.” - 3 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025 3. The petitioner claims that a gift deed has been executed in his favour by late Smt.Kamalamma on 11.01.2022 in respect to subject property. Respondent No.4 had challenged the entry made in the name of the petitioner by filing an appeal under subsection (2) of Section 136 of the Karnataka Land Revenue Act. The said application having been allowed, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Respondent No.1 vide order dated 23.01.2025 has directed the entry of the name of Smt.Kamalamma in the revenue records taking into account that a suit in OS No.129 of 2024 has been filed where the dispute as regards the properties is in issue including a challenge to the gift deed and for partition of the properties. That being so, it is in order to avoid any encumbrances being created on the property that respondent No.1 has passed such an order. I do not find any infirmity in the said order except that respondent No.1 could have made this said order subject to the result of the suit in O.S.No.129 of 2024. Probably respondent No.1 did not - 4 - NC: 2025:KHC-D:2366 WP No. 100829 of 2025 do so since any order passed in O.S.No.129 of 2024 would be binding on the parties. 5. In that view of the matter, the impugned order passed by respondent No.1 being subject to the order/judgment to be passed in O.S.No.129 of 2024 finding no infirmities with the order dated 23.01.2025 at Annexure-B, the petition stands disposed of. 6. All contentions are left open to be taken up in O.S.No.129/2024. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 28