- 1 - HC-KAR NC: 2025:KHC-D:15964 WP No. 101163 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101163 OF 2025 (KLR-RR/SUR) BETWEEN: 1. MADARSAB S/O. TAJUDDINSAB MUNDARGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. HUSENMIYA S/O. MIYASAHEB MUNDARAGI, SINCE DECEASED BY HIS LR’S. 2. 1. KHAIRUNNISSA W/O. HUSENMIYA MUNDARAGI, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 3. 2. JAMEER AHMED S/O. HUSENMIYA MUNDARAGI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 4. 3. NOORAHAMMAD S/O. HUSENMIYA MUNDARAGI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 5. MUKHABUL AHAMMAD S/O.HUSENMIYA MUNDARAGI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 6. MAHAMMAD RAFIQ S/O. HUSENMIYA MUNDARAGI, AGE: 39 YEARS, OCC: AGRICULTURE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 7. SARTAJBANU W/O. MAHAMMADRAFIQ DHARWAD, AGE: 37 YEARS, OCC: HOUSEHOLD, R/O. ISHWAR NAGAR, OLD-HUBBALLI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15964 WP No. 101163 of 2025 HUBBALLI, DIST: DHARWAD-580007. 8. 4. NAVEED AHAMMAD S/O. HUSENMIYA MUNDARAGI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. JAMALSAB S/O. MAHAMMADHANIFSAB MUNDARAGI, SINCE DECEASED BY HIS LR’S. 9. MUNEERABI W/O. JAMALSAB MUNDARAGI, AGE: 56 YEARS, OCC: HOUSEHOLD, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 10. MOHAMMAD FAROOQ S/O. JAMALSAB MUNDARAGI, AGE: 56 YEARS, OCC: ADVOCATE, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 11. GOUSIYABANU W/O. REHMANKHAN PATHAN, AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. NAGENDRAMATTI, TQ & DIST: HAVERI-581104 12. SHAHEENABANU W/O ZULLGAFFAR ALI HARIHAR, AGE: 34 YEARS, OCC: HOUSEHOLD, R/O: AURANGABAD, MAHARASHTRA STATE-431001. 13. TANQEER RAZA S/O. JAMALSAB MUNDARAGI, AGE: 32 YEARS, OCC: BUSINESS, R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104. 14. NIZAMUDDIN S/O. JAMALSAB MUNDARAGI, AGE: 28 YEARS, OCC: ENGINEER, R/O. BALUR, TQ. HANGAL, DIST. HAVERI. …PETITIONERS (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-01. - 3 - HC-KAR NC: 2025:KHC-D:15964 WP No. 101163 of 2025 2. THE DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI-581110. 3. THE ASSISTANT COMMISSIONER, SAVANUR, TQ: SAVANUR, DIST. HAVERI-581110. 4. 1. THE ZILLA PANCHAYAT HAVERI, BY ITS CHIEF EXECUTIVE OFFICER, DIST. HAVERI-581110. 2. 5. 3. THE TALUKA PANCHAYAT, BY ITS EXECUTIVE OFFICER, HANGAL, DIST. HAVERI-581110. 6. DOLLESHWAR GRAM PANCHAYAT, BY ITS PANCHAYAT DEVELOPMENT OFFICER, TQ: HANGAL, DIST: HAVERI-581104. 7. THE KARNATAKA STATE BOARD OF AUQAF, BY ITS CHIEF EXECUTIVE OFFICER, NO.6, DARUL AUQAF, CUNNINGHAM ROAD, BENGALURU-04. 8. SHAMSHADBEGUM W/O. FAJALULLA HANGAL, AGE: 51 YEARS, OCC: COOLIE, R/O. BALUR, TQ: HANGAL, DIST: HAVERI-581104. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; NOTICE TO R4 TO R6 IS DISPENSED WITH; PETITION AGAINST R7 AND R8 IS DISMISSED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A WRIT IN A NATURE OF MANDAMUS DIRECTING RESPONDENT NO.7 TO FIX THE BOUNDARIES OF SY NO.6/1, 6/2 AND 6/3 OF DOLLESHWAR VILLAGE, TQ. HANGAL, DIST. HAVERI IN ACCORDANCE WITH LAW. AS PER JUDGMENT AND DECREE PASSED IN R.A. NO.118/2020 VIDE ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15964 WP No. 101163 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Learned Additional Government Advocate accepts notice on behalf of respondents No.1 to 3. 2. Notice to respondents No.4 to 6 is dispensed with as no relief is claimed against the said respondents. 3. Learned counsel for the petitioners submits that the petition against respondents No.7 and 8 may be dismissed. 4. Submission is placed on record. Petition is dismissed against respondents No.7 and 8. 5. Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for respondents No.1 to 3. 6. The petition is filed seeking writ of mandamus pursuant to a direction said to have been issued in R.A.No.118/2020 on the file of Principal District Judge, Haveri. - 5 - HC-KAR NC: 2025:KHC-D:15964 WP No. 101163 of 2025 7. It is noticed that in the said Regular Appeal, direction is issued to the defendants of the suit to measure the property covered under the said judgment. However, it is to be noticed that the surveyor is not made a party to the said suit. 8. Hence, the following: ORDER i. The writ petition is disposed of. ii. Liberty is reserved to the petitioners to file application before the jurisdictional Surveyor to measure the property. iii. If such an application is filed following the procedures contemplated for filing such application, the jurisdictional Surveyor shall measure the property by complying all the legal requirements. iv. The exercise shall be completed within 3 months. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT: AN List No.: 1 Sl No.: 24