- 1 - NC: 2025:KHC-D:2373 WP No. 100865 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. 100865 OF 2025 (KLR-RR/SUR) BETWEEN: 1. MAHEBOOBSAB S/O BALESAB AGE ABOUT. 60 YEARS, OCCUPATION. AGRICULTURE RESIDENT OF BIRALADINNI VILLAGE TQ. YELBURGA DISTRICT.KOPPAL-583231 2. MAHAMMAD RAFI S/O BALESAB AGE ABOUT. 50 YEARS, OCCUPATION. AGRICULTURE AND PRIVATE SERVICE RESIDENT OF BIRALADINNI VILLAGE TQ. YELBURGA DISTRICT. KOPPAL-583231 3. SHAKIN BABU S/O BALESAB AGE ABOUT. 48 YEARS, OCCUPATION. PRIVATE SERVICE, RESIDENT OF BIRALADINNI VILLAGE TQ. YELBURGA DISTRICT. KOPPAL-583231 4. AMEENSAB S/O BALESAB AGE ABOUT. 40 YEARS, OCCUPATION. AGRICULTURE AND PRIVATE SERVICE, RESIDENT OF BIRALADINNI VILLAGE TQ. YELBURGA DISTRICT. KOPPAL-583231 …PETITIONERS (BY SRI. RAJASHEKHAR B HALLI, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2373 WP No. 100865 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU 560001 2. THE DISTRICT COMMISSIONER KOPPAL DISTRICT, KOPPAL 583231. 3. THE ASSISTANT COMMISSIONER OF KOPPAL KOPPAL DISTRICT. KOPPAL 583231 4. THE TAHASILDAR TQ. YELBURGA DISTRICT. KOPPAL 583231. 5. UP-TAHSILDAR HIREVANKALKUNTA OF YELBURGA TALUKA KOPPAL DISTRICT 583231 6. SRI SWAMI UTTARADIMATH BIRALADINNI RESIDENT OF BIRALADINNI VILLAGE TQ. YELBURGA DISTRICT. KOPPAL-583231. 7. SRI SWAMY UTTARADHIMATH , SHRIMADH JAGADGURU MADHAVACHARYA MOOLA SAMSTHANAM SHRI UTTARADIMATH PRESENT SHRE 108, SHRI SATYATHMATHEERTHA SWAMIJI S/O SATYA PRAMOD TEERTHS SWAMIJI, AGE 51 YEARS, OCCUPATION.POOJA AND DHARMA UPADESH RESIDENT OF UTTARADHIMATHA POOJA MANDIRA 5TH CROSS, SHANKARA PORAM BASAVANGUDI BENGALURU 560004. 8. ANIL KEMBHAVI S/O LATE R S KEMBHAVI AGE ABOUT. 53 YEARS, OCCUPATION. PRIVATE WORK, RESIDENT OF NO.9/3 UTTARADIMATH COMPOUND SHANKARA PURAM, BASAVANGUDI - 3 - NC: 2025:KHC-D:2373 WP No. 100865 of 2025 BENGALURU GPA OF SHRI SWAMY UTTARADI MATH SHRI SWAMY UTTARADHI MATH, SHRIMADH JAGADGURU MADHAVACHARY MOOLA SAMSTHANAM SHRI UTTARADI MATH BASAVANAGUDI BENGALURU 06. 9. MUKAPPA S/O MUDIYAPPA MUDDABALLI AGE ABOUT.58 YEARS, OCCUPATION. AGRICULTURE, RESIDENT OF BASAPUR TQ AND DISTRICT. KOPPAL 583231. 10. NINGAPPA S/O HANAMANTHAPPA AGE ABOUT 63 YEARS, OCCUPATION AGRICULTURE, RESIDENT OF KOPPAL TQ AND DISTRICT. KOPPAL 583231 11. BASAVARAJ S/O SIDDAPPA CHILWADGI AGE ABOUT 55 YEARS, OCCUPATION. AGRICULTURE, R/O KOPPAL TQ AND DISTRICT. KOPPAL 583231. …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R1-3, R-4, R-5; NOTICE TO R6-R11 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY DIRECTION TO THE RESPONDENTS 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 03.02.2025 AND 04.02.2025 SAME IS PRODUCED AT ANNEXURE- P AND Q WITHIN THE STIPULATED PERIOD 8 WEEKS IN THE INTEREST OF PROVIDES JUSTICE THE AGGRIEVED PERSON THAT IS PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 4 - NC: 2025:KHC-D:2373 WP No. 100865 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 5. 2. Notice to respondents No.6 to 11 is dispensed with in view of the proposed order to be passed. 3. The petitioners are before this Court seeking for the following reliefs: a. Issue writ in the nature of certiorari or direction to the respondents 3 to consider the representation of the petitioners dated 03.02.2025 and 04.02.2025 same is produced at Annexure-P and Q within stipulated period 8 weeks in the interest of provides justice the aggrieved person that is petitioner. b. Pass such other order or orders as this Hon’ble Court may deem fit in the circumstances of the case. 4. The interim prayer which has been sought for is as under:- “It is most respectfully submitted that; this Hon’ble court be pleased to grant the interim direction to the respondent No.3 not to proceed with proceedings or case pending before him in bearing RRT Appeal No…./2024-25 dated 26.12.2024 filed by the Respondents No.9 to 11 till consideration of - 5 - NC: 2025:KHC-D:2373 WP No. 100865 of 2025 the objection filed by the Petitioners dated 03.02.2025 and 4.2.2025 produced at Ann: P & Q or till disposal of this writ petition.” 5. The apprehension on part of the petitioners is that respondent No.3 may proceed with the RRT appeal which is yet to be numbered filed by respondents No.9 to 11 without hearing the petitioners and considering the objections submitted by the petitioners. 6. The said apprehension in my considered opinion is completely misplaced. Respondent No.3 being the Assistant Commissioner would have to consider any objection filed before him. It is ofcourse for the petitioners to establish the right in the property for the purpose of consideration by respondent No.3. If the petitioners were not to make out any right, it is for respondent No.3 to pass necessary orders with reasons. In that view of the matter, the apprehension being unfounded and premature, the Writ Petition stands dismissed. - 6 - NC: 2025:KHC-D:2373 WP No. 100865 of 2025 7. Learned AGA is directed to inform respondent No.3 about the above order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 3 Sl No.: 3