- 1 - HC-KAR NC: 2025:KHC-D:14147 WP No. 107756 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107756 OF 2025 (KLR-RR/SUR) BETWEEN: 1. CHANNABASAPPA S/O. MAHARUDRAPPA BUDHIHAL, AGE: 25 YEARS, BANNIHATTI VILLAGE, BYADGI TALUK, HAVERI DISTRICT-581106. 2. GANESH S/O. CHANNABASAPPA BUDHIHAL, AGE: 53 YEARS, BANNIHATTI VILLAGE, BYADGI TALUK, HAVERI DISTRICT-581106. …PETITIONERS (BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE COURT OF THE DEPUTY COMMISSIONER, HAVERI, REPRESENTED BY DEPUTY COMMISSIONER, HAVERI-581110. 3. THE COURT OF THE ASSISTANT COMMISSIONER Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14147 WP No. 107756 of 2025 HAVERI, REPRESENTED BY ASSISTANT COMMISSIONER, HAVERI-581110. 4. REVENUE INSPECTOR, BYADGI, BYADGI TALUK OF HAVERI DISTRICT-581106. 5. THE VILLAGE ACCOUNTANT, LAKAMAJIKOPPA, BYADGI TALUK OF HAVERI DISTRICT-581106. 6. MANGALLAVVA W/O. VIRUPAXAPPA BUDHIHAL. 7. BASAVARAJ S/O. VIRUPAXAPPA BUDHIHAL. 8. SHIVARAJ S/O. VIRUPAXAPPA BUDHIHAL. 9. VIRUPAXAPPA S/O. MAHARUDRAPPA BUDHIHAL, RESPONDENT NO.6 TO 10 ARE RESIDENT OF BANNIHATTI VILLAGE-581106, BYADGI TALUK OF HAVERI DISTRICT-581106. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5; SRI. N. R. KUPPELUR, ADV. FOR R6 TO R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER IN BEARING NO. RA/34/2025 DATED 23-06-2025 PASSED BY RESPONDENT NO.3 AS PER ANNEXURE-G AND CONSEQUENTLY SET ASIDE THE ORDER IN BEARING NO.RP/14/2025 DATED 11-09-2025 PASSED BY RESPONDENT NO. 2 AS PER ANNEXURE-H AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:14147 WP No. 107756 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 5. 2. Learned counsel for the caveator respondents No.6 to 10 is present. 3. It is submitted that the petitioners have filed a suit claiming declaration of title over the petition properties and same is pending consideration. 4. Learned counsel for the petitioners would urge that because of change in the mutation entry, the private respondents names have been entered in the property records and they are disturbing the possession of the petitioners. 5. Since the title suit is pending before the trial Court, the Trial Court shall consider the application filed by the petitioners seeking temporary injunction and same shall - 4 - HC-KAR NC: 2025:KHC-D:14147 WP No. 107756 of 2025 be considered in accordance with law without being influenced by any of the observations made in the order passed by the Assistant Commissioner as well as the Deputy Commissioner, which are under challenge before this Court. 6. With these observations, the petition is disposed of. 7. It is made clear that this Court has not expressed any opinion on the merits of the matter. 8. All contentions of the parties kept open, to be decided by the Civil Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT-AN List No.: 2 Sl No.: 11