- 1 - NC: 2025:KHC-D:4596 WP No. 107259 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107259 OF 2024 (LB-RES) BETWEEN: 1. RAMANGOUDA S/O BHIMAGOUDA MIRAJI, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. TAWASHI VILLAGE, TQ. ATHANI, DIST. BELAGAVI-591 212. 2. RUDRAGOUDA S/O BHIMAGOUDA PATIL AGE: 69 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 3. RAJENDRA S/O ANNAGOUDA PATIL AGE: 56 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 4. MALLIKARJUN S/O RAVASAHEB PATIL AGE: 43 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 5. CHANNAGOUDA S/O BABUGOUDA IMGOUDAR AGE: 51 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 6. APPASAB S/O RAMAGOUDA LAKHAGOUDAR AGE: 66 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4596 WP No. 107259 of 2024 7. BHIMAGOUDA S/O APPASAB GOURAGOND, AGE: 71 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 8. KADAGOUDA S/O SHIDARAY ATHANI AGE: 62 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 9. MAHESH S/O RAYAGOUDA MIRJI AGE: 62 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 10. SIDARAY S/O PARAGOUDA IMAGOUDAR AGE: 71 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. 11. RAVINDRA S/O SHIVGOUDA PATIL AGE: 60 YEARS, OCC: AGRICULTURE, R/O TAWASHI VILLAGE, TQ: ATHANI, DIST: BELAGAVI-591 212. …PETITIONERS (BY SRI. SHIVARAJ.S.BALLOLI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, VIDHAN SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. THE ZILLA PANCHAYATH, BELAGAVI, TQ: BELAGAVI, DIST: BELAGAVI-590 002. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. THE TALUKA PANCHAYATH, ATHANI, - 3 - NC: 2025:KHC-D:4596 WP No. 107259 of 2024 TQ: ATHANI, DIST: BELAGAVI-591 304. REPRESENTED BY ITS CHIEF OFFICER. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1; SRI. V.SHIVARAJ HIREMATH., ADVOCATE FOR R2-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Shivaraj S.Balloli., counsel for the petitioners, Sri.Praveen K.Uppar., AGA for respondent No.1 and Sri.V.Shivaraj Hiremath., counsel for respondent No.2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondent No.3 to get the adjudication of the suit before the Trial Court and to co-operate in speedy disposal of the suit filed by it before the Trial Court in O.S.No.777/2022 pending on the file of Civil Judge and JMFC, Athani as per the representation given by the petitioners dated 06.07.2024 vide Annexure-A. - 4 - NC: 2025:KHC-D:4596 WP No. 107259 of 2024 3. Counsel for the respective parties urged several contentions. Herd the arguments and perused the Writ papers with care. 4. Suffice it to note that the third respondent – Taluka Panchayath, Athani has filed a suit on the file of Prl. Civil Judge, Athani against the encroachers seeking the relief of possession in O.S.No.777/2022. The petitioners’ grievance is that they are the residents of Tawashi, Vilage, Athani Taluk, because of the pendency of the suit they are unable to use the road. Hence, they are seeking a direction to the third respondent to co- operate with the Trial Court for speedy disposal of the Original Suit. It is significant to note that the petitioners are not parties to the suit. As already noted above, the Taluka Panchayath has filed the suit against the encroachers. In my view, the petitioners have no locus to seek such a relief. The Writ petition is devoid of merits and the same is liable to be rejected. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 80