- 1 - NC: 2025:KHC-D:5539-DB WA No. 100168 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100168 OF 2025 (KLR-RES) BETWEEN: SMT. FATHIMA W/O. MAIDIN BYARI @ BIHARI, AGE. 75 YEARS, OCC. COOLIE, R/O. SITE NO.36, CITY MUNICIPAL BUILDING 3334/1866/4/9 SARVODAY NAGAR, KODIBAG, KARWAR, DIST. UTTAR KANNADA. …APPELLANT (BY SRI SHIVRAJ S.BALLOLI, ADVOCATE) AND: 1. SHRI MOHAN S/O. DAJI AVARSEKAR, AGE. 58 YEARS, OCC. COOLIE, R/O. INP ROAD, BHANDARIWADA, BAITHKOL, VTC KARWAR, DIST. UTTAR KANNADA-581032. 2. THE DEPUTY COMMISSIONER, KARWAR, DIST. UTTAR KANNADA-581301. 3. THE TAHSILDAR, KARWAR, DIST. UTTAR KANNADA-581301. 4. THE VILLAGE ACCOUNTANT, KARWAR, DIST. UTTAR KANNADA-581301. 5. THE COMMISSIONER CITY MUNICIPAL COUNCIL, KARWAR, DIST. UTTAR KANNADA-581301. …RESPONDENTS (BY SRI V.S. KALASURMATH, ADDL. GOVT. ADVOCATE FOR R2-R4; SRI JAGADISH PATIL, ADVOCATE FOR R1; SRI S.V. YAJI, ADVOCATE FOR R5) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5539-DB WA No. 100168 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 04/02/2025 PASSED BY THE SINGLE JUDGE OF THIS COURT IN WRIT PETITION NO.105811/2022 ONLY IN SO FAR AS ISSUANCE OF MANDAMUS TO IMPLEMENT THE ORDER 23/12/1983 PASSED BY RESPONDENT NO.1 AT ANNEXURE-A IS CONCERNED, TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC.,. 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 by the writ petitioner calling in question the order dated 04.02.2025 passed by the learned Single Judge in WP No.105811/2022. 2. The first respondent who was the writ petitioner sought for a writ of mandamus to direct the official respondents to handover the vacant possession of the property allotted to her, vide order dated 23.12.1983 and for a direction to implement the order dated 02.02.2022 passed in W.P.No.100359/2022. The learned Single Judge - 3 - NC: 2025:KHC-D:5539-DB WA No. 100168 of 2025 by virtue of impugned order dated 04.02.2025 granted the reliefs sought for by the writ petitioner. 3. Heard Sri Shivaraj Ballolli, learned counsel appearing for the appellant and Sri Jagadish Patil, learned counsel for respondent No.1, learned Additional Government Advocate Sri V.S.Kalasurmath, appearing for respondent Nos.2 to 4, Sri. S.V. Yaji, learned counsel for respondent No.5- the Commissioner, City Municipal Council, Karwar. 4. It is forthcoming that the learned Singe Judge vide order dated 02.02.2022 passed in WP No.100359/2022 had directed the Tahsildar, Karwar to decide upon the merits of the objections raised by the petitioner in the said writ petition within a period of six weeks. It is further ordered that until such adjudication, no precipitative action would be taken. The petitioner in the said WP No.100359/2022 is the appellant herein. 5. It is the contention of the learned counsel for the appellant that without adjudication by the Tahsildar, - 4 - NC: 2025:KHC-D:5539-DB WA No. 100168 of 2025 the grant order dated 23.12.1983 sought to be relied upon by the writ petitioner cannot be implemented. 6. It is undisputed that the Tahsildar had not concluded the adjudication interms of the order dated 02.02.2022 passed in WP No.100359/2022. 7. It is clear that until adjudication of the dispute between the parties, by the Tahasildar, Karwar, in terms of the order dated 02.02.2022, passed in W.P.No.100359/2022, the question of enforcing the grant order bearing No.RB-LAQ-CB-110/81-82 dated 23.12.1983 issued by the Deputy Commissioner, UK, does not arise. Since vide order dated 02.02.2022 passed in W.P.No.100359/2022, the learned single Judge had directed that no precipitative action be taken till adjudication by the Tahasildar, Karwar, the said position is required to continue. - 5 - NC: 2025:KHC-D:5539-DB WA No. 100168 of 2025 8. Hence, the following: ORDER i) The above appeal is partly allowed; ii) The impugned order dated 04.02.2025 passed in W.P.No.105811/2022 by the learned single Judge is set aside; iii) The parties are directed to appear before the Tahsildar, Karwar-respondent No.3 on 09.04.2025 at 3.00 pm, without the requirement of any further notice being issued in this regard; iv) Consequent to the appearance of the parties, the Tahsildar, Karwar shall adjudicate the matter in terms of the order dated 02.02.2022 passed in WP No.100359/2022. Upon such adjudication, the Tahsildar shall also decide with regard to the rights of the parties pursuant to the - 6 - NC: 2025:KHC-D:5539-DB WA No. 100168 of 2025 grant order bearing No.RB-LAQ-CB- 110/81-82 dated 23.12.1983. v) Until adjudication of the matter by the Tahasildar, Karwar, no precipitative action shall be taken to implement the grant order bearing No.RB-LAQ-CB-110/81-82 dated 23.12.1983. vi) Pending applications, if any, are disposed of, as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE Vmb. List No.: 1 Sl No.: 11