- 1 - NC: 2025:KHC-D:7223 WP No. 100243 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI WRIT PETITION NO.100243 OF 2025 (GM-POLICE) BETWEEN: 1. PRABHAKAR S/O HANUMANTAPPA DODDAKURUBAR AGE: 52 YEARS, OCC: AGRICULTURE, 2. SURESH S/O HANUMANTAPPA DODDAKURUBAR AGE: 47 YEARS, OCC: AGRICULTURE, BOTH ARE R/O: HIREKANAGI VILLAGE, TQ: HANGAL, DIST: HAVERI – 581104. …PETITIONERS (BY SRI SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA, BENGALURU – 01. 2. THE DEPUTY COMMISSIONER HAVERI, DIST: HAVERI – 581102. 3. THE SUPERINTENDENT OF POLICE HAVERI, DIST: HAVERI – 581102. 4. THE CIRCLE POLICE INSPECTOR HANGAL, DIST: HAVERI – 581104. 5. THE POLICE SUB-INSPECTOR HANGAL, DIST: HAVERI – 581104. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.23 11:41:18 +0530 - 2 - NC: 2025:KHC-D:7223 WP No. 100243 of 2025 6. THE TAHSILDAR HANGAL, DIST: HAVERI-581102. 7. FAKIRAVVA W/O GUDDAPPA GONIBASANNAVAR AGE: 64 YEARS, OCC: AGRICULTURE, R/O: HIREKANAGI, TQ: HANGAL, DIST: HAVERI–581104. 8. TARAKESH S/O GUDDAPPA GONIBASANNAVAR AGE: 46 YEARS, OCC: AGRICULTURE, R/O: HIREKANAGI, TQ: HANGAL, DIST: HAVERI–581104. 9. ANNAPPA S/O GUDDAPPA GONIBASANNAVAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O: HIREKANAGI, TQ: HANGAL, DIST: HAVERI–581104. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R6; SRI. B.S. KUKANAGOUDAR, ADVOCATE FOR R7 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 4 AND 5 TO PROVIDE POLICE PROTECTION FOR HARVESTING THE CROPS OF LAND IN QUESTION IN RESPECT OF SY NO.58/1 MEASURING 5 ACRES 12 GUNTAS SITUATED AT BIDARKOPPA VILLAGE, TQ. HANGAL, DIST. HAVERI VIDE ANNEXURE-K & ETC. THIS WRIT PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:7223 WP No. 100243 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This writ petition is filed seeking for following relief: “i. A writ in the nature of Mandamus directing the Respondent no.4 and 5 to provide police protection for harvesting the crops of land in question in respect of Sy no.58/1 measuring 5 acres 12 guntas situated at Bidarkoppa village, Tq. Hangal, Dist. Haveri vide Annexure-K. ii. Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case.” 2. Sri Sadiq N. Goodwala, learned counsel for petitioners submits that application filed by petitioners for grant of occupancy rights, Land Tribunal, Hanagal was allowed by order dated 21.10.2016 at Annexure-A. However, same was questioned before this Court in WP no.103683/2017 and by order dated 27.02.2024, writ petition was disposed of, setting aside order of Land Tribunal and remitting matter back to Tribunal for fresh consideration. It was submitted subsequent to remand, there was interference by respondents no.7 to 9 with peaceful possession, cultivation and harvesting crops by petitioner. Therefore, present writ petition is filed. - 4 - NC: 2025:KHC-D:7223 WP No. 100243 of 2025 3. It is submitted by orders dated 16.01.2025 and 29.01.2025, interim directions were issued which continued. It is submitted since threat continues and matter is pending consideration before Land Tribunal, there are no good grounds to vacate interim order. 4. Sri B.S. Kukanagoudar, learned counsel for respondents no.7 to 9 in support of his submissions on I.A.no.2/2025, would submit at outset that respondents no.7 to 9 were also applicants for grant of occupancy rights before Land Tribunal, but for different extent than petitioners’. He would submit on instructions that respondents no.7 to 9 would not disturb possession of petitioners’ insofar as extent claimed by them, during pendency of matter before Land Tribunal. He further submitted that petitioners have an alternative efficacious remedy of seeking appropriate orders under Section 48C of Karnataka Land Reforms Act, 1961 (for short, ‘the Act’). 5. Learned AGA for respondents no.1 to 6 would subscribe to submission about efficacious alternative remedy. 6. Heard learned counsel for petitioners’ and learned AGA for respondents no.1 to 6 as well as learned counsel for respondents no.7 to 9. - 5 - NC: 2025:KHC-D:7223 WP No. 100243 of 2025 7. From above, it is not in dispute about matter is presently pending before Land Tribunal, Hanagal for consideration of applications filed by petitioners’ as well as respondents no.7 to 9. Therefore, keeping this writ petition pending would be unnecessary in view of Section 48C of Act and direct petitioners to avail efficacious alternative remedy. 8. Hence, writ petition is disposed of permitting petitioners to file appropriate application before Land Tribunal for appropriate relief under Section 48C of the Act. If such an application is filed within 15 days from today, it would be incumbent upon Land Tribunal to consider same expeditiously. At same time, undertaking of respondents no.7 to 9 that they would not interfere with petitioners’ possession is taken on record. It is clarified that interim order granted would continue till consideration of application but same would not enable authorities to change status quo about possession over respective extents of land by parties herein. It is clarified that Land Tribunal would be at liberty to take independent view on merits of application if filed. - 6 - NC: 2025:KHC-D:7223 WP No. 100243 of 2025 In view of disposal of petition, I.A.no.2/2025 is disposed of as unnecessary. Sd/- (RAVI V.HOSMANI) JUDGE VMB/CKK, CT:VP LIST NO.: 1 SL NO.: 23