- 1 - NC: 2025:KHC-D:7155 WP No. 103071 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF MAY 2025 BEFORE THE HON'BLE MR. JUSTICE S G PANDIT WRIT PETITION NO. 103071 OF 2025 (KLR-CON) BETWEEN: SMT. M. SADAMMA @ B. SUDHA W/O. MARUTHI, AGE 41 YEARS, 5OCC HOUSEHOLD R/O WARD NO 17 NEAR NATARAJ KALA MANDIR TQ KAMPLI DIST BALLARI 583132 …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. K MABU SAB S/O LATE GUDU SAB AGE 67 YEARS OCC AGRICULTURE R/O WARD NO 6, 2ND CROSS VINAYAKA NAGAR TQ KAMPLI DIST BALLARI 583132. 2. ABDUL KARIM SAB S/O LATE GUDU SAB AGE 65 YEARS, OCC AGRICULTURE R/O WARD NO 6, 2ND CROSS VINAYAKA NAGAR TQ KAMPLI DIST BALLARI 583132. 3. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU 560001 REPRESENTED BY ITS SECRETARY. 4. THE DEPUTY COMMISSIONER BELLARY DISTRICT STATION ROAD BSNL COLONY COWL BAZAAR TQ AND DIST BALLARI 583101. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:7155 WP No. 103071 of 2025 5. THE TAHASILDAR, KAMPLI TQ KAMPLI DIST BALLARI 583132 6. THE CHIEF OFFICER TOWN MUNICIPALITY TQ KAMPLI DIST BELLARI 583132. 7. SMT RATNAGIRI ERAMMA W/O LATE ERAPPA AGE 81 YEARS, OCC HOUSEHOLD R/O VEERATHPETH WARD NO 17 TQ KAMPLI DIST BALLARI 583132. 8. RATNAGIRI MELAGIRIYAPPA S/O LATE MUDDANNA AGE 54 YEARS, OCC AGRICULTURE R/O VEERATHPETH WARD NO 17 TQ KAMPLI DIST BALLARI 583132 …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R3-R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 24/02/2025 PASSED BY THE LEARNED KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.37/2025 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT - 3 - NC: 2025:KHC-D:7155 WP No. 103071 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned counsel Sri. Shivraj S. Balloli for petitioner and learned Additional Government Advocate for respondents No.3 to 5. 2. This writ petition under Article 226 of Constitution of India is presented questioning the correctness or otherwise of interim order dated 24.02.2025 passed by the Karnataka Appellate Tribunal in Appeal No.37/2025, whereunder in O.M. bearing No.556623 dated 16.11.2023 (Annexure-G), deemed conversion is stayed. 3. The impugned interim order dated 24.02.2025 is an ex-parte order. The petitioner on appearance is said to have filed I.A. for vacating the interim order on 27.03.2025. It is stated that no orders have been passed on the said IA and the appeal stands posted to 04.06.2025. When an ex-parte order is passed and when an application for vacating the ex-parte order is filed, it would not be appropriate for this Court to go into the correctness or otherwise of ex-parte order granted by the - 4 - NC: 2025:KHC-D:7155 WP No. 103071 of 2025 Tribunal. Therefore, it would be appropriate to direct the Tribunal to dispose off I.A. for vacating the interim order. 4. Hence, the following: ORDER i. Writ petition stands disposed off with a direction to the Karnataka Appellate Tribunal to pass appropriate order on I.A. for vacating the interim order said to have been filed on 27.03.2025 praying to vacate interim order dated 24.02.2025 by hearing the I.A. on next date of hearing or at its convenience on the subsequent date. Sd/- (S G PANDIT) JUDGE RKM CT-MCK List No.: 1 Sl No.: 9