- 1 - HC-KAR NC: 2025:KHC-D:7273-DB WA No.100009 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100009 OF 2022 (KLR-RES) BETWEEN: 1. M. VENUPRASAD S/O. M. RAGHAVENDRA RAO AGE. 61 YEARS, OCC. AGRICULTURE, R/O. SRINAGAR, RARAVI POST, TQ. SIRUGUPPA, DIST. BALLARI. NOW RESIDING AT. FLAT NO.202, SAMSKRUTI APARTMENT, GANESH NAGAR, OLD JEEVARGI ROAD, TQ. AND DIST. KALABURAGI-585 103. 2. SMT. M. ANURADHA W/O. VENUPRASAD AGE. 57 YEARS, OCC, AGRICULTURE, R/O. SRINAGAR, RARAVI POST, TQ. SIRUGUPPA, DIST. BALLARI-583 101. …APPELLANTS (BY SRI. GIRISH V. BHAT, ADVOCATE) AND: 1. THE THASHILDAR BELLARY TQ. AND DIST. BELLARY-583 101. 2. THE ASSISTANT COMMISSIONER TQ AND DIST. BELLARY-583 101. 3. THE SPECIAL LAND ACQUISITION OFFICER K.I.A.D.B. OPP TO D.C. OFFICE, KAROOR ROAD, TQ. AND DIST. DAVANGERE-577 001. 4. BANDAMMA W/O. LATE RAMANNA @ DODDARAMANNA MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.04 10:20:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7273-DB WA No.100009 of 2022 AGE. 65 YEARS, OCC. AGRICULTURE, R/O. JENUKUNTE VILLAGE, TQ AND DIST. BELLARY-583 101. 5. ULLIKAL VEERESH @ VEERESHAPPA S/O. LATE RAMANNA @ DODDA RAMANNA, AGE. 50 YEARS, OCC. AGRICULTURIST, R/O. JANAKUNTE VILLAGE, TQ AND DIST. BELLARY-583 101. 6. ULLIKAL THIMAPPA S/O. RAMANNA @ DODDA RAMANNA AGE. 38 YEARS, OCC. AGRICULTURIST, R/O. JANAKUNTE VILLAGE, TQ AND DIST. BELLARY-583 101. 7. ULLIKAL RAJ S/O. LATE RAMANNA @ DODDA RAMANNA AGE. 35 YEARS, OCC. AGRICULTURIST, R/O. JANAKUNTE VILLAGE, TQ AND DIST. BELLARY-583 101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SMT. SHARMILA M. PATIL, ADVOCATE FOR R3; SRI. RAVI HEGDE, ADVOCATE FOR R4 TO R7) WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1961, PRAYING TO, ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN WP.NO.102615/2014 (KLR-RES) DATED 30.11.2021 AND REMAND THE MATTER TO BE HEARD AND DISPOSED OF BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT ALONG WITH WP NO.103714/2018 AND ETC. THIS WRIT APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND - 3 - HC-KAR NC: 2025:KHC-D:7273-DB WA No.100009 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Although the matter is coming up for hearing on interlocutory application, with the consent of learned counsel on both sides, the matter is taken up for final disposal. 2. Appellants are aggrieved of the impugned order passed by the learned Single Judge in W.P.No.102615/2024 dated 30.11.2021. 3. Learned counsel for the appellants submits that contesting respondent Nos.4 to 7 have filed the writ petition without making the appellants a party to the proceedings. They have not disclosed the fact that late Sri.Ramanna, the husband of respondent No.4 and father of respondent Nos.5 to 7 had sold the property in question under two separate sale deeds dated 18.11.1996, to the appellants. The appellants herein have got the katha registered in their names, subsequent to the death of late Ramanna the original writ petitioners have filed a suit - 4 - HC-KAR NC: 2025:KHC-D:7273-DB WA No.100009 of 2022 seeking declaration and partition and the appellants herein are also arraigned as defendants in the said suit. Some of the persons who claim along with respondent Nos.4 to 7 have also filed one more writ petition in W.P.No.103714/2018, where the appellants herein have been arraigned as respondent Nos.12 and 13. The said writ petition is still pending consideration. However, in the meanwhile, the contesting respondents have filed the writ petition seeking direction to the revenue authorities to consider their representation dated 05.01.2012 for entering their names in the land records, on the strength that occupancy rights were conferred by the Land Tribunal by order dated 08.10.1986 in favour of late Sri.Ramanna. Learned counsel submits that contesting respondents have not disclosed anything in respect of the sale deeds executed by late Sri.Ramanna in favour of the appellants herein. In that view of the matter, it is submitted that this writ appeal has been filed along with an interlocutory application in I.A.No.4/2022 seeking leave of this court to - 5 - HC-KAR NC: 2025:KHC-D:7273-DB WA No.100009 of 2022 file this appeal although appellants herein were not parties to the proceedings before the learned Single Judge. 4. Having heard the learned counsel for the appellants and the learned counsel for the contesting respondents, we are of the considered opinion that, the contesting respondents filed writ petition without arraigning the appellants herein as party respondents to the proceedings, and have obtained an order at the hands of the learned Single Judge direly affecting the rights of the appellants. Therefore, the contesting respondents are guilty of obtaining such an order by keeping the appellants herein in dark. Moreover, another writ petition in W.P.No.103714/2018 is still pending consideration before this court where the appellants herein and the contesting respondents are also parties. The suit filed at the hands of the contesting respondents is also to be decided which will finally decide the case on its merit. - 6 - HC-KAR NC: 2025:KHC-D:7273-DB WA No.100009 of 2022 5. Consequently, the writ appeal is allowed while allowing the application in I.A.No.4/2022. The impugned order passed by the learned Single Judge in W.P.No.102615/2014 dated 30.11.2021 is hereby set aside. 6. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 12