- 1 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100517 OF 2025 (ULC) BETWEEN: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMPETENT AUTHORITY, BELAGAVI URBAN AGGLOMERATION, THE DEPUTY COMMISSIONER, BELAGAVI-590 001. 3. THE THASILDAR, BELAGAVI-590 001. …APPELLANTS (BY SRI. V.S. KALASURMATH, AGA) AND: SHARAD S/O NAGENDRA PATIL AGE. 71 YEARS, OCC. SERVICE (RETD), R/O D-2 702 LAKE TOWN CHS, BIBWEWADI, PUNE-411 037. …RESPONDENT (BY SRI. S.B. HEBBALLI, ADVOCATE FOR C/R1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. WP.NO.100913 OF 2024 (ULC) DATED 20.02.2024 AND FURTHER DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This writ appeal is filed by the State and others seeking following reliefs; “a. Set aside the impugned order passed by the learned Single Judge in WP No.100913/2024 (ULC) dated 20.02.2024 and further dismiss the writ petition in the interest of justice and equity. b. Grant such other reliefs as this Hon’ble Court deems fit under the circumstances of the present case in the interest of justice and equity.” 2. Learned AGA appearing for the appellants submits that the present respondent has filed a writ petition in WP No.100913/2024 seeking relief of declaration that the entire proceedings initiated under the provisions of Urban Land (Ceiling & Regulation) Act, 1976 are abated and consequential relief of mandamus came to be allowed by the learned Single Judge under the impugned order. It is further submitted that one Sri.Balachandrarao Chintamanrao Patwardhan has filed writ petition in WP No.102637/2023 seeking similar relief - 3 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 insofar as the same land and the learned Single Judge allowed the said writ petition. Being aggrieved, the respondent herein Sri.Sharad Nagendra Patil has filed writ appeal in WA No.100375/2023 and the co-ordinate Bench of this Court allowed the appeal and the remitted the matter back to the learned Single Judge for re-consideration. He also submits that in view of the order of the coordinate Bench in the writ appeal, this appeal is required to be allowed by requesting the learned Single Judge to consider both the writ petitions together and dispose of the same. 3. Per contra, learned counsel Sri.S.B.Hebballi appearing for respondent supports the order of the learned Single Judge and submits that one Sri.Balachandrarao Chintamanrao Patwardhan, who has filed another writ petition, is not the owner of the property and he has not challenged the earlier orders of the Court, hence, his writ petition itself is not maintainable. 4. We have heard the arguments of both sides and perused the materials available on record. - 4 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 5. The respondent herein has filed writ petition in WP No.100913/2024 seeking following reliefs; “a. Declare by appropriate writ, order or direction, declaring that the entire proceedings initiated under the provisions of Urban Land Ceiling Act, 1976, in No.RB/ULC/D/SR-1136, on the file of the Respondent No.2, in respect of the land bearing RS No.539/3A of Angol Village, Tq. and Dist.Belagavi, measuring 01 Acre 16 Guntas, in view of repealing of the said Act, as abated; b. Consequently, issue a Writ in the nature of Mandamus, directing the Respondent No.2 to restore the name of Petitioner in column Nos.9 and 12 of the RTC extract of the suit land, namely, RS No.659/3A of Angol Village, Tq. and Dist.Belagavi, measuring 01 Acre 16 Guntas by deleting the name of the ‘State’ and ‘Chairman, CITB, Belagavi”. 6. The learned Single Judge vide order dated 20.02.2024 allowed the writ petition declaring that the writ proceedings are abated and directed the revenue authorities to restore the name of respondent herein in the revenue records. We also noticed that one Sri.Balachandrarao Chintamanrao Patwardhan has filed writ petition in WP No.102637/2023 seeking similar relief, which came to be allowed by the learned Single Judge and the order of the learned Single Judge was assailed by the respondent herein in - 5 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 WA No.100375/2023 and the coordinate Bench of this Court vide order dated 03.08.2023 passed the following order; “i. The appeal is hereby allowed. ii. The impugned order is hereby set aside. iii. The matter is remitted back to the learned Single Judge for reconsideration. iv. The appellant is directed to be impleaded/arrayed as respondent No.4 in the writ petition. Liberty is reserved in favour of the appellant (respondent No.4 to the writ petition) to file his statement of objections along with documents. v. I.A No.5/2023 filed by appellant stands allowed and the documents produced with the application are received on record. vi. Registry is directed to put up the application I.A No.5 in the writ petition for consideration by the learned Single Judge. vii. All rival claims between the appellants and respondent No.1 as well as the respondents- State are kept open and no opinion is expressed on the merits of the case.” 7. We have also noticed that the respondent has not brought to the notice of the learned Single Judge while disposing of the writ petition vide order dated 20.02.2024 the order of the coordinate Bench dated 03.08.2023 passed in WA No.100375/2023. In view of the same, we are of the considered view that the interest of justice would be met if the - 6 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 learned Single Judge is requested to consider both the writ petitions together and dispose of the same. In view of the rival contentions urged by the respondent herein and Sri.Balachandrarao Chintamanrao Patwardhan. 8. Hence, we proceed to pass the following; ORDER i. Writ Appeal is allowed. ii. Order of the learned Single Judge dated 20.02.2024 passed in WP No.100913/2024 is hereby set aside. iii. Learned Single Judge is requested to consider the writ petition filed by the respondent herein along with the WP No.102637/2023. It is made clear that this Court has not expressed any opinion on the merits of the case. iv. The revenue records as they stand today shall continue to remain as on this day till the disposal of the writ petitions. However, the respondent shall not create any third party - 7 - HC-KAR NC: 2025:KHC-D:11729-DB WA No. 100517 of 2025 interest during the pendency of the writ proceedings. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT:VP LIST NO.: 1 SL NO.: 56