- 1 - NC: 2025:KHC-D:5793-DB WA No. 100288 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 100288 OF 2022 (KLR-RR/SUR) BETWEEN: SHRISHAIL S/O HALAPPA GOLBHAVI AGE. 55 YEARS, OCC. AGRICULTURE, R/O. HANDIGUNDA, TALUK. RAIBAG, DIST. BELAGAVI. …APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER BELAGAVI, TALUK BELAGAVI, DIST. BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER CHIKKODI TALUK. CHIKKODI, DIST. BELAGAVI-591201. 4. THE DEPUTY TAHASILDAR KUDACHI TALUK. RAIBAG, DIST. BELAGAVI-591311. 5. SMT. BASAVVA W/O SIDDAPPA GOLABHAVI AGE. 75 YEARS, OCC. HOUSE HOLD WORK, R/O. HANDIGUNDA, TALUK. RAIBAG, DIST. BELAGAVI-591311. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R4; SRI. S.R. KAMATE, ADVOCATE FOR R5) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5793-DB WA No. 100288 of 2022 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE JUDGMENT AND ORDER DATED 26/04/2022 IN WRIT PETITION NO.101732/2022 (KLR) PASSED BY THE LEARNED SINGLE JUDGE, AND ALLOW THE WRIT PETITION BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present intra-Court appeal is filed Under Section 4 of the Karnataka High Court Act, 1961, calling in question the order dated 26.04.2022, passed in W.P No.101732/2022, whereunder, learned Single Judge has dismissed the writ petition filed by the appellant. 2. The appellant/writ petitioner filed the writ petition challenging the order dated 21.01.2019 passed by the 3rd respondent/Assistant Commissioner as well as the order dated 22.03.2022 passed by the 2nd respondent/Deputy Commissioner, whereunder, the Assistant Commissioner has allowed the petition filed by the 5th respondent, which order has been upheld by the Deputy Commissioner. - 3 - NC: 2025:KHC-D:5793-DB WA No. 100288 of 2022 3. Heard submissions of learned counsel Sri. Shivaraj P. Mudhol for the appellant, learned AGA for official respondents No.1 to 4 and learned counsel Sri. S.R. Kamate for respondent No.5. 4. During the course of submissions, it is submitted that the 5th respondent has filed O.S No.1038/2019, which is pending on the file of Principal Senior Civil Judge and JMFC, Raibag, which is a suit for declaration of title. 5. In view of the aforementioned, the present appeal is disposed of by directing the revenue authorities to enter the suit number i.e., O.S No.1038/2019 in the revenue records and upon the outcome of adjudication in the said suit, the revenue entries shall be made as to the owner of the property. 6. In view of disposal of writ appeal, pending I.A’s, if any, does not survive for consideration and are accordingly disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP/LIST NO.: 1 SL NO.: 6