- 1 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105366 OF 2025 (KLR-RES) BETWEEN: RIYAZAHMED S/O. DAWALSAB NANNESABANAVAR, AGE: 54 YEARS, OCC: PRIVATE, R/O: KOTUR VILLAGE – 580 011, DHARWAD TALUKA, DHARWAD. …PETITIONER (BY SRI. D.M. BANDI., ADVOCATE) AND: 1. 2. 3. 4. 5. THE DEPUTY COMMISSIONER, DHARWAD, OFFICE OF DEPUTY COMMISSIONER, DHARWAD-580001. THE ASSISTANT COMMISSIONER, DHARWAD, OFFICE OF ASSISTANT COMMISSIONER, DHARWAD-580001. TAHASILDAR, DHARWAD, OFFICE OF TAHASILDAR, DHARWAD-580001. NAGANAGOUDA S/O. SHIVANAGOUDA NEERALGI, AGE: 55 YEARS, OCC: BUSINESS, R/O. NEERALAGI PATIL COMPOUND, SARASWATPUR, DHARWAD-580001. SMT. ANURADHA W/O. VASANT SHIRUR, AGE: 80 YEARS, OCC: HOUSEWIFE, R/O: SANMATHINAGAR, NARAYANPUR, DHARWAD -580008, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 6. 7. 8. 9. 10. 11. 12. 13. (GPA HOLDER OF RESPONDENT NO. 5 TO 26) SHRI. NIRAJ S/O. VASANT SHIRUR, AGE: 50 YEARS, OCC: PRIVATE R/O. SANMATHINAGAR, NARAYANPUR, DHARWAD -580008 SMT. SONALI, W/O. KIRAN HEGADE, AGE: 48 YEARS, OCC: PRIVATE R/O. SANMATHINGAR, NARAYANPUR, DHARWAD-580008 SMT. KAMALA W/O. MOHAN SHIRUR, AGE: MAJOR, OCC: BUSINESS, R/O. SALLUNKVIHAR KOUDHWO, PUNE, MAHARASTRA-411048 SANTOSH S/O. MOHAN SHIRUR, AGE: 29 YEARS, OCC: SERVICE, R/O. SALLUNKVIHAR KOUDHWO, PUNE, MAHARASTRA-411048 SMT. ANJALI W/O. JAGADISH KANI, AGE: MAJOR, OCC: HOUSEHOLD, R/O. KORCHARD GREEN 139/34 DOMLUR LAYOUT, BENGALURU-560071 ARJUN S/O. SADASHIV SHIRUR, AGE: MAJOR, R/O. SANMATHINGAR, NARAYANPUR, DHARWAD-580008 KISHAN S/O. SADASHIVARAO SHIRUR, AGE: MAJOR C/O. VASANT A. SHIRUR, SANMATI NARAR, NARAYANPUR, DHARWAD-580008 SUHAS S/O. RAMADAS BALJEKAR, AGE: MAJOR, - 3 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 14. 15. 16. 17. 18. 19. 20. C/O. VASANT A. SHIRUR, SANMATI NARAR, NARAYANPUR, DHARWAD-580008 SUJAY S/O SUDHIR NADAKARNI AGE: 45 YEARS OCC: BUSINESS R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 KUNAL S/O SUDHIR NADAKARNI AGE: 45 YEARS OCC: BUSINESS R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 DR. SUNDAR S/O LAXMAN BALSE, AGE: 87 YEARS, OCC: NIL, R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 SMT. KANCHANA W/O UDAY NADAKARN, AGE: 53 YEARS, OCC: HOUSEHOLD, R/O. MALLARD DRIVE WHIOMING DE-USA-50562 MISS TANUJA D/O SUNDAR BALSE AGE: MAJOR OCC: HOUSEHOLD RL/O MALLARD DRIVE WHIOMING DE-USA-50562 SMT. DURGABAI W/O MOHAN NILEKANI AGE: MAJOR OCC: HOUSEHOLD R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 - 4 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 21. 22. 23. 24. 25. 26. SMT. RADHA W/O GURUNATH RAO AGE: MAJOR OCC: HOUSEHOLD, R/O SANMATI NAGAR, NARAYANPUR DHARWAD-580008 SMT. LALITHA S/O UMESHKUMTA AGE: MAJOR OCC: HOUSEHOLD, R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 DR. KUMDA W/O TELANG SHIRUR AGE: MAJOR OCC: HOUSEHOLD R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 JAYANT S/O ANNAJI SHIRUR AGE: MAJOR OCC: HOUSEHOLD R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 SMT. PRABHA W/O ANNAJI SHIRUR AGE: MAJOR OCC: BUSINESS OCC: HOUSEHOLD R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 ANIL S/O MOHAN SHIRUR AGE: 54 YEARS, OCC: SERVICE R/O. 5/B KUBER COLONY, NIBM ROAD, PUNE-411048 - 5 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 SMT. VINAYA W/O PRAVEEN SHIRUR AGE: MAJOR OCC: HOUSEHOLD R/O. SANMATI NAGAR, NARAYANPUR, DHARWAD-580008 (RESPONDENT NO.13 IN THE ORDER OF RESPONDENT NO.1 IS NOT MADE PARTY AS SHE IS DEAD AND SHOWN DEAD IN THE SAID ORDER) …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA FOR R1 TO R3; SRI. C.R. HIREMATH., ADVOCATE FOR R4; SRI. MALLIKARJUNASWAMY B. HIREMATH., ADVOCATE FOR R5; NOTICE TO R6 TO R26 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR IN THE FORM OF DIRECTION TO QUASH THE PART OF THE ORDER TO THE EXTENT OF REMANDING THE MATTER BACK TO THE ASSISTANT COMMISSIONER IN ORDER DATED 03/04/2025 PASSED BY THE RESPONDENT NO.1 / DEPUTY COMMISSIONER IN R.P.NO. 54/2024 AND TO CONFIRM THE REST OF THE ORDER IN SETTING ASIDE THE M.R.NO. H-37/22-23 DATED 21/11/2022 IN ANNEXURE -J TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. To issue writ of certiorari or any other order or in the form of direction to quash the part of the order to the extent of Remanding the matter back to the Assistant Commissioner in order dated 03.04.2025 passed by the R1/Deputy Commissioner in RP No.54/2024 and to confirm the rest of the order in setting aside the M.R.No.H-37/22-23 dated 21.11.2022 in Annexure-J to the writ petition in the interest of justice and equity. ii. To pass any other order or direction/grant relief, under the facts and circumstances of the case in the interest of justice and equity. 2. The petitioner claims to be a purchaser and in possession of the land in Survey No.51/2 and 54/2 of Lakamanahalli Village of Dharwad Taluka. 3. The grievance of the petitioner is that there appears to be overlap in the land purchased by the petitioner and Respondent No.4 from the husband of Respondent No.5. The name of Respondent No.4 having been - 7 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 entered into the revenue records. A challenge to that had been made. 4. The Deputy Commissioner, vide the impugned order dated 03.04.2025, had remanded the matter to the Assistant Commissioner for fresh consideration. 5. In that view of the matter, I am of the considered opinion that the petitioner cannot be aggrieved by such an order inasmuch as no order has been passed against the petitioner. In fact, the order which has been passed favours the petitioner inasmuch as the name of Respondent No.4 has been deleted and the Assistant Commissioner has been directed to consider the matter afresh. While so considering the matter, the petitioner could always place his say and the documents, which he wants to rely upon in the matter, which would be considered by the Assistant Commissioner in accordance with law. Hence, no - 8 - HC-KAR NC: 2025:KHC-D:10954 WP No. 105366 of 2025 grounds are made out. The writ petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 1