- 1 - HC-KAR NC: 2025:KHC-D:8306 WP No. 102154 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102154 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. SHAKUNTALA W/O. SHANKARRAJ PALEGAR, AGE: 76 YEARS, OCC: HOUSEHOLD, R/O. TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI-581110. 2. SMT. RATNABAI @ KOTRAMMA W/O. SOMAPPA DESAI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O. KALAKERI, TQ: MUNDARGI, DIST: GADAG-582101. 3. SMT. RATNA @ NAGARATNA W/O. RAMANAGOUDA BHARAMAGOUDRA, AGE: 57 YEARS, OCC: HOUSEHOLD, R/O. CHULAKI, TQ: NARGUND, DIST: GADAG-582101. 4. SRI. SHIVARAJ S/O. SHANKARRAJ PALEGAR, AGE: 45 YEARS, OCC: AGRICULTURIST, R/O. TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI-581110. 5. SMT. REVATI W/O. CHANDRAGOUDA PATIL, AGE: 42 YEARS, OCC: HOUSE WIFE, R/O. HOSUR YATNALLI, TQ: SHIGGAVI, DIST: HAVERI-581110. 6. SRI. CHANNABASAPPA @ YUVARAJ S/O. SHANKARRAJ PALEGAR, AGE: 39 YEARS, OCC: AGRICULTURIST, R/O. TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI-581110. …PETITIONERS (BY SRI. JAYAVANT KAMBALI AND SRI. M.R. HIREMATH, ADVOCATES) AND: 1. ASSISTANT DIRECTOR OF LAND RECORDS, AND SURVEY SETTLEMENT DEPARTMENT, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8306 WP No. 102154 of 2025 SAVANUR, TQ: SAVANUR, DISTRICT: HAVERI-581110. 2. SMT. GOURAMMA W/O. KARISIDDAYYA HIREMATH, AGE: 56 YEARS, OCC: HOUSE WIFE, R/O. MAVINAKATTI, TQ: YELLAPUR, DIST: KARWAR-581301. 3. SMT. PUSHPA W/O. SIDDANNA PALEGAR, AGE: 41 YEARS, OCC: HOUSEWIFE, R/O. TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI, PRESENTLY RESIDING AT CHIGALLI, TQ: MUNDGOD, DIST: KARWAR-581301. 4. KUMARI BHOOMIKA D/O. SIDDANNA PALEGAR, AGE: MINOR, OCC: STUDENT, R/O. CHIGALLI, TQ: MUNDGOD, DIST: KARWAR-581301, REPRESENTED BY M/G NATURAL MOTHER RESPONDENT NO.2. 5. SMT. SHANTAVVA W/O. PANCHAKSHARAYYA HIREMATH, AGE: 51 YEARS, OCC: ANGANWADI TEACHER, R/O. TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI-581110. 6. SMT. LAXMI W/O. AJJAYYA KALYANMATH, AGE: 49 YEARS, OCC: HOUSEWIFE, R/O. TEGGIHALLI, TQ: SAVANUR, DIST: HAVERI-581110. 7. SMT. VIDYA W/O. VEERENDRASWAMY GOVINALMATH, AGE: 47 YEARS, OCC: HOUSEWIFE, R/O. KANCHIKOPPA, TQ: MUNDGOD, DIST: KARWAR-581301. 8. DEPUTY DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT OF DEPUTY COMMISSIONER, HAVERI, DIST: HAVERI-581110. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R8; SRI. PRAVEEN PALEGAR, ADVOCATE FOR R2-R4, R6 & R7; SRI. ASHOK C. ANGADI, ADVOCATE FOR R5) - 3 - HC-KAR NC: 2025:KHC-D:8306 WP No. 102154 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER ISSUED BY THE RESPONDENT NO.8 IN BEARING NO.KRA.PODI.A.P.C.R:490/2024 DATED 24-12-2024 VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioners and learned AGA for respondents No.1 and 8 as well as the learned counsel Sri Praveen Palegar for respondents No.2 to 4, 6 and 7 and the learned counsel Sri Ashok C. Angadi for respondent No.5. 2. Present petition is filed by the petitioners aggrieved by the order dated 24.12.2024 passed by the 8th respondent vide Annexure-C. 3. It is the case of petitioners that they are the absolute owners of property bearing R.S.No.27/1 measuring 7 acre, 37 gunta situated at Teggihalli village of Savanur taluka, Haveri district and they are in peaceful possession and enjoyment of the said property since 4 to 5 decades. It is further contended that respondents No.2 to 7 are also in peaceful possession and enjoyment of the property bearing R.S.No.27/2 measuring 10 - 4 - HC-KAR NC: 2025:KHC-D:8306 WP No. 102154 of 2025 acre 13 gunta situated in same village from 4-5 decades. Respondent No.2 has filed suit in O.S.No.372/2023 before the Civil Judge (Junior Division) Savanur against the respondents No.3 to 7 for partition and separate possession of the suit schedule properties. It is contended that in the said suit, respondents wrongly shown the boundaries and location of the said properties bearing R.S.No.27/2 and R.S.no.27/1. It is also contended that respondents No.2 to 7 entered into a compromise, and a compromise Decree came to be passed. As per the compromise decree, respondents No.2 to 7 preferred an appeal before the 8th respondent for rectification of K.D.T. Akar band and hissa No.2 and P.T. sheets as prepared in 1984. It is the case of petitioners that they appeared before the 8th respondent and filed their statement of objections to the said appeal preferred. Without considering the objections raised by the petitioners and question of law and facts involved in the case, appeal came to be allowed and the impugned order came to be passed by the 8th respondent, which is questioned by the petitioners herein. 4. It is the vehement contention of learned counsel for respondents including learned AGA that the present petition is - 5 - HC-KAR NC: 2025:KHC-D:8306 WP No. 102154 of 2025 not maintainable as any order passed under Section 49 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) by the 8th respondent is amenable to remedy of second appeal available under Section 50 of the Act. 5. Learned counsel for the petitioners does not dispute the fact that the order is passed under Section 49 of the Act by respondent No.8, which contemplates a second appeal under Section 50 of the Act. 6. Under the circumstances, the present petition is not maintainable before this Court, therefore without adverting to the merits of the matter and contentions so raised by either of the parties, I proceed to pass the following : ORDER (i) Petition is dismissed as not maintainable. (ii) Liberty is reserved to the petitioners to approach the appellate authority in accordance with law. The time spent herein shall be condoned, if such appeal is filed. (iii) All contentions of all the parties are kept open. - 6 - HC-KAR NC: 2025:KHC-D:8306 WP No. 102154 of 2025 (iv) It is made clear that this Court has not expressed any opinion on the merits of the matter. (v) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 108