- 1 - NC: 2025:KHC-D:4316-DB WA No. 100369 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH 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.100369 OF 2023 (KLR-RES) BETWEEN: 1. SHRI. SUNIL S/O. KESHARVAO MAMADAPUR, AGE. 49 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. VIDYANAGAR, RABAKAVI, TALUK. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587313. 2. RAGHURAJ S/O. KESHAVARAO MAMADAPUR, AGE. 57 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. VIDYANAGAR, RABAKAVI, TALUK. RABAKAVI-BANAHATTI, DIST. BAGALKOT, PIN-587311. …APPELLANTS (BY SRI SHIVARAJ MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI-591304. 3. THE ASSISTANT COMMISSIONER, CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI-591304. 4. THE TAHASILDAR ATHANI, TQ. ATHANI, DIST. BELAGAVI-591304. 5. SRI APPASAB S/O. LINGAPPA @ NINGAPPA GODASE, AGE. 78 YEARS, OCC. AGRICULTURE, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4316-DB WA No. 100369 of 2023 R/O. MADABHAVI, TQ. ATHANI, DIST. BELAGAVI, PIN-591304. 6. SRI. RAMACHANDRA S/O. LINGAPPA @ NINGAPPA GODASE, AGE. 75 YEARS, OCC. AGRICULTURE, R/O. MADABHAVI, TQ. ATHANI, DIST. BELAGAVI, PIN-591304. 7. SRI. BHAGAWAN S/O. LINGAPPA @ NINGAPPA GODASE, AGE. 73 YEARS, OCC: AGRICULTURE, R/O. MADABHAVI, TQ. ATHANI, DIST. BELAGAVI, PIN-591304. 8. GIRIJABAI W/O. KRISHNA KORE, AGE. 66 YEARS, OCC. HOUSE HOLD WORK, R/O. CHINCHE, TQ. MIRAJ, DIST. SANGLI, MAHARASHTRA STATE, PIN-416410. 9. PARAVATI W/O. NAMDEV MALI, AGE. 63 YEARS, OCC. HOUSE HOLD WORK, R/O. GHORPHADI, TQ. KAVATE MAHANKAL, DIST. SANGLI, MAHARASHTRA STATE, PIN-416410. …RESPONDENTS (BY SRI V.S. KALASURAMATH, ADVOCATE FOR R1 TO R4; SRI G.B. NAIK, ADVOCATE AND SRI P.G. NAIK, ADVOCATE FOR R5 TO R7 AND R9; NOTICE TO R8 IS HELD SUFFICIENT) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE WRIT PROCEEDINGS RULES, PRAYING TO SET ASIDE THE ORDER DATED 28/3/2023 IN WRIT PETITION NO.100378/2021 SO FAR AT RELATES TO CONDITION IMPOSED AT SERIAL NO.3 IS CONCERNED BY ALLOWING THIS WRIT APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA - 3 - NC: 2025:KHC-D:4316-DB WA No. 100369 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The petitioner before the writ Court has filed the present intra-Court appeal, challenging the order dated 28.03.2023, passed in W.P No.100378/2021, whereunder, the learned Single Judge has set aside the orders passed by the Deputy Commissioner-2nd respondent and the Assistant Commissioner- 3rd respondent and remanded the matter to the Deputy Commissioner. The operative portion of the order, passed by the learned Single Judge, is extracted herein for ready reference: ORDER (i) The impugned order dated 25.02.2019, bearing No.RTS/AP-21/2015-16, passed by the 3rd respondent (vide Annexure-B to the writ petition) is hereby set aside. (ii) The impugned order dated 26.11.2020, bearing No.RB/RTA/36/2019-20, passed by the 2nd respondent (vide Annexure-A to the writ petition) is hereby set aside. (iii) The matter stands remanded back to the 2nd respondent with a direction to take steps to identify the property from the proper authority and determine whether the property which - 4 - NC: 2025:KHC-D:4316-DB WA No. 100369 of 2023 respondent Nos.5 to 9 along with another person are declared to be the owners in O.S No.36/1990 is the same as the property purchased by the petitioners herein and thereafter pass appropriate orders in accordance with law. (iv) The parties are directed to appear before the 3rd respondent on 12.04.2023 without further notice and the 3rd respondent shall dispose off the matter as expeditiously as possible. (v) The writ petition is disposed off accordingly. (vi) In view of the disposal of the writ petition, pending applications, if any, do not survive for consideration and the same are disposed off.” 2. Heard submissions of learned counsel Sri.Shivaraj Mudhol for the appellant, learned AGA Sri.V.S.Kalasuramath for respondents No.1 to 4 and learned counsel Smt.P.G.Naik for respondents No.5 to 7 and 9. 3. The sole contention put forth by the learned counsel for the appellant is that the remand ought to have been made to the Assistant Commissioner-3rd respondent, rather than the Deputy Commissioner-2nd respondent. - 5 - NC: 2025:KHC-D:4316-DB WA No. 100369 of 2023 4. The learned counsel appearing for private respondents has no objection for remanding the matter to the Assistant Commissioner-3rd respondent. 5. In view of the aforementioned, the present writ appeal is disposed of, by directing the parties to appear before the Assistant Commissioner-3rd respondent on 20.03.2025 at 3.00 p.m., without any further notice in this regard. 6. The Assistant Commissioner-3rd respondent shall dispose of the matter as expeditiously as possible in accordance with law, in terms of the order of the learned Single Judge. 7. The order of the learned Single Judge only to the aforementioned extent stands modified. 8. All contentions of parties are left open. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 5