- 1 - NC: 2025:KHC-D:6488 WP No. 102929 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 102929 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. MUDDI MALLIKARJUN S/O. LATE BHAVI NAGAPPA AGE: 62 YEARS, OCC: AGRICULTURE, R/O: MOKA VILLAGE, TQ AND DIST. BALLARI 583101. …PETITIONER (BY SRI. RAJENDRA R. PATIL, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER, BALLARI, DIST. BALLARI 583101. 3. THE ASSISTANT COMMISSIONER, BALLARI, DIST. BALLARI 583101. 4. THE TAHASILDAR BALLARI, DIST. BALLARI 583101. 5. THE REVENUE INSPECTOR, MOKA, TQ. AND DIST. BALLARI 583101 Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6488 WP No. 102929 of 2024 6. THE VILLAGE ACCOUNTANT, MOKA, TQ. AND DIST. BALLARI 583101 7. SRI. B. KATTEPPA S/O. LATE MALLAPPA AGE: 57 YEARS, OCC: AGRICUTLURE, R/O: MOKA VILLAGE, TALUK: BALLARI. DIST: BALLARI – 583101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA, FOR R1 TO R6; SRI. S.M. KALWAD, ADVOCATE FOR C/R7) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: i) ISSUE WRIT OF CERTIORARI SETTING ASIDE THE ORDER BEARING NO. RP/59/2023-24 DATED 3/01/2024 PASSED BY THE 2ND RESPONDENT MARKED AT ANNEXURE - A, ii) ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER BEARING NO. SAM/KAM/APPEALU/77/2019 (¸ÀA/PÀA/C¦®Ä ¸ÀA/PÀA/C¦®Ä ¸ÀA/PÀA/C¦®Ä ¸ÀA/PÀA/C¦®Ä/ 77/2019) DATED 28/01/2022 PASSED BY THE 3RD RESPONDENT MARKED AT ANNEXURE B, AND SUCH OTHER RELIEFS. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:6488 WP No. 102929 of 2024 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this court seeking issuance of writ in the nature of Certiorari to quash the order dated 03.01.2024 passed by respondent No.2-the Deputy Commissioner, Ballari, and the order dated 28.01.2022 passed by respondent No.3-the Assistant Commissioner, Ballari, produced as per Annexures-A and B respectively. 2. Heard Sri. Rajendra R. Patil, learned counsel for the petitioner, Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 6 and Sri S.M.Kalwad, learned counsel for caveator-respondent No.7. Perused the materials on record. 3. It is stated that, Sy.No.187A/1 measuring 1.75 acres and Sy.No.186B/6 measuring 1.45 acres situated at Moka village, Ballari Taluk were the ancestral properties of the petitioner and respondent No.7 along with other properties. There was a partition on 26.05.2001 amongst - 4 - NC: 2025:KHC-D:6488 WP No. 102929 of 2024 the family members, and the above referred properties have fallen to the share of the petitioner. Accordingly, an application was submitted to mutate the name of the petitioner in the revenue records. Respondent No.7 raised objections. After considering the said objections, M.R.No.102/2005-06 was certified. The said mutation entry was never challenged by respondent No.7 till 2019. But during 2019, respondent No.7 preferred an appeal before the Assistant Commissioner, Ballari challenging M.R.No.102/2005-06. The Assistant Commissioner allowed the appeal and set aside the mutation entry. The same was confirmed by the Deputy Commissioner by passing the impugned order. Being aggrieved by the same, the petitioner is before this Court. 4. On perusal of materials on record, it is observed that M.R.No.102/2005-06 was in force from 10.11.2005 till it was set aside during 2019 as per Annexure-D. The Deputy Commissioner, while confirming Annexure-D directed the petitioner to approach the Civil Court for - 5 - NC: 2025:KHC-D:6488 WP No. 102929 of 2024 declaration of his title in respect of the properties in question. 5. It is not in dispute that the petitioner had approached the Civil Court by filing the suit in O.S.No.189/2022 seeking declaration of his title and also for permanent injunction. The suit is still pending consideration before the Civil Court. In the meantime, the petitioner has approached this court seeking to quash the orders passed by the Deputy Commissioner and the Assistant Commissioner. When the matter is pending before the Civil Court where the petitioner has sought for declaration of his title, and for permanent injunction, in respect of the very same property, I do not find any reason to entertain the petition as to whether the Partition Deed relied on by the petitioner is genuine document or not as the civil court is seized of the matter. Hence, I am of the opinion that, the petitioner is not entitled for any relief in the present petition. Accordingly, petition is dismissed. - 6 - NC: 2025:KHC-D:6488 WP No. 102929 of 2024 In view of the dismissal of the petition, pending I.A.No.2/2025 seeking vacating stay does not survive for consideration, and accordingly the same also stands dismissed. Sd/- (M.G.UMA) JUDGE MKM CT:ANB List No.: 1 Sl No.: 10