- 1 - HC-KAR NC: 2025:KHC-D:14148 WP No. 107757 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.107757 OF 2025 (KLR-RR/SUR) BETWEEN: 1. CHANNABASAPPA S/O MAHARUDRAPPA BUDHIHAL, AGE. 25 YEARS, BANNIHATTI VILLAGE, BYADGI TALUK, HAVERI DISTRICT. 2. GANESH S/O CHANNABASAPPA BUDHIHAL, AGE. 53 YEARS, BANNIHATTI VILLAGE, BYADGI TALUK, HAVERI DISTRICT. … PETITIONERS (BY SRI. MANJUNATH KARIGANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COURT OF THE DEPUTY COMMISSIONER, HAVERI, REPRESENTED BY DEPUTY COMMISSIONER, HAVERI-581 110. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14148 WP No. 107757 of 2025 3. THE COURT OF THE ASSISTANT COMMISSIONER, HAVERI, REPRESENTED BY ASSISTANT COMMISSIONER, HAVERI-581 110. 4. REVENUE INSPECTOR, BYADGI, BYADGI TALUK OF HAVERI DISTRICT-581 106. 5. THE VILLAGE ACCOUNTANT, LAKAMAJIKOPPA, BYADGI TALUK OF HAVERI DISTRICT-581 106. 6. MANGALLAWWA W/O VIRUPAXAPPA BUDHIHAL, 7. BASAVARAJ S/O VIRUPAXAPPA BUDHIHAL, 8. SHIVARAJ S/O VIRUPAXAPPA BUDHIHAL, 9. GIRISH S/O VIRUPAXAPPA BUDHIHAL, 10. VIRUPAXAPPA S/O MAHARUDRAPPA BUDHIHAL, RESPONDENTS 6 TO 10 ARE R/O. BANNIHATTI VILLAGE-581 106, BYADGI TALUK, HAVERI DISTRICT-581 106. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER IN BEARING NO.RA/35/2025 DATED 24-06-2025 PASSED BY RESPONDENT-3 AS PER ANNEXURE-H AND CONSEQUENTLY SET ASIDE THE ORDER IN BEARING NO.RP/15/2025 DATED 18-09- 2025 PASSED BY RESPONDENT-2 AS PER ANNEXURE-J. - 3 - HC-KAR NC: 2025:KHC-D:14148 WP No. 107757 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 Nos.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 - 4 - HC-KAR NC: 2025:KHC-D:14148 WP No. 107757 of 2025 the petitioners seeking temporary injunction and same shall 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 is 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 Civil Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 2 SL NO.: 12