- 1 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.107898 OF 2025 (KLR-RES) BETWEEN: 1. 2. 3. 4. 5. SHRI. APPANNA S/O. SHIVALING WADER, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: NEAR PANCHYATH, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. LAXMAN S/O. SIDDAPPA WADER, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: KALMESHWAR ROAD, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. SIDRAM S/O. SHIVALING WADER, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: H.NO.385, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. MALLAPPA S/O. SHIVALING WADER, AGE: 74 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. BHUTAPPA S/O. MALLAPPA WADER, AGE: 68 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 6. 7. 8. 9. 10. 11. 12. SHRI. GANGADHAR S/O. SIDRAM PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: MANIK NAGAR, NIPANNI, TAL: NIPANNI, DIST: BELAGAVI. SHRI. SHIVALING S/O. SIDRAM PATIL, AGE: 59 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST.: BELAGAVI. SHRI. SURESH S/O. SIDRAM PATIL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SMT. KALAVATI W/O. VITAL KARANI, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: KANKANAWADI, TAL: RAIBAG, DIST: BELAGAVI. SHRI. VITAL S/O. BHIMAPPA NAIK, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. OGAPPA S/O. MALLESH WADER, AGE: 77 YEARS, OCC: AGRICULTURE, R/O: WADER THOT, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. AMASIDDA S/O. PADMAPPA WADER, AGE: 32 YEARS, OCC: AGRICULTURE, R/O: WADER THOT, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 13. 14. 15. 16. 17. 18. SHRI. SIDAPPA S/O. MALLESH WADER, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: RAIBAG ROAD, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. AMAR S/O. BHUTAPPA WADER, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. KENCHAPPA S/O. SHIVALINGAPPA WADER, AGE: 62 YEARS, OCC.: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. PRAKASH S/O. SHIVALINGAPPA WADER, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: WADER THOT, KABBUR, TAL: CHIKODI, DIST: BELAGAVI. SHRI. KENCAPPA S/O. SIDRAM WADER, AGE: 65 YEARS, OCC.: AGRICULTURE, R/O: WADER THOT, KABBUR, TAL: CHIKODI, DIST: BELAGAVI, SHRI. MALLIKARJUN S/O. SHANKAR WADER, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI. … PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, - 4 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 2. 3. 4. 5. 6. 7. VIDHANA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. THE DEPUTY COMMISSIONER, BELAGAVI, TAL. AND DIST.: BELAGAVI-590 001. THE ASSISTANT COMMISSIONER, CHIKODI, TAL: CHIKODI, DIST: BELAGAVI-591 201. THE TAHSILDAR, CHIKODI, TAL: CHIKODI, DIST: BELAGAVI-591 201. THE LAND TRIBUNAL, CHIKODI, REPRESENTED BY ITS CHAIRMAN, TAL: CHIKODI, DIST: BELAGAVI-591 201. SMT. SANGITHA W/O. PADMANNA WADER, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: KABBUR, TAL: CHIKODI, DIST: BELAGAVI-591 201. SHRI OGAPPA S/O SHIVALING WADER, AGE. MAJOR, OCC. AGRICULTURE, R/O. KABBUR, TAL: CHIKODI, DIST: BELAGAVI-591 201. … RESPONDENTS (BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 13/08/2025 PASSED BY THE RESPONDENT NO.3 IN RA NO.199/2025 VIDE ANNEXURE-A. - 5 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. It is noticed that the order, which is impugned in the petition, is the order passed by the Assistant Commissioner, Chikkodi under Section 136(2) of the Karnataka Land Revenue Act, 1964 on 13.08.2025. 2. Learned counsel for the caveator/respondent No.6 would submit that the petitioner has an efficacious remedy by way of revision before the Deputy Commissioner. 3. Learned counsel for the petitioner would submit that the Assistant Commissioner has passed an order without jurisdiction and in terms of the impugned order, has virtually set-aside the order passed under the Karnataka Land Reforms Act. - 6 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 Thus, he would urge that this Court can entertain the writ petition despite the alternative remedy. 4. The fact that there is an alternative remedy to the petitioner by way of revision before the Deputy Commissioner, is not in dispute. If the Assistant Commissioner has passed an order upsetting the order passed by the Land Tribunal; such an order would be without jurisdiction. Whether he has set- aside the order of the Land Tribunal or not, is a question to be decided by the Deputy Commissioner. Hence, the petitioner is permitted to urge all the contentions before the Deputy Commissioner. 5. The Deputy Commissioner shall consider all the contentions raised by both the parties and pass appropriate orders. 6. It is made clear that this Court has not expressed anything on the merits of the claim of either of the - 7 - HC-KAR NC: 2025:KHC-D:14901 WP No. 107898 of 2025 parties. Both parties shall co-operate for early disposal. 7. Registry is directed to return the copy of the impugned order to the petitioner by retaining the Xerox copy. 8. With above observations, the petition stands disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 2