- 1 - HC-KAR NC: 2025:KHC-D:9242-DB WA No. 100282 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO.100282 OF 2024 (KLR-RR/SUR) BETWEEN: 1. AMARAGOUDA S/O VEERANAGOUDA GOUDAR AGE. 69 YEARS, OCC. AGRICULTURE, 2. HANAMAGOUDA S/O VEERANAGOUDA GOUDAR AGE. 66 YEARS, OCC. AGRICULTURE, 3. SHASHTRIGOUD S/O VEERANAGOUDA GOUDAR AGE. 59 YEARS, OCC. AGRICULTURE, ALL ARE RESIDING AT. CHITTAWADAGI, TQ. HUNGUND, DIST. BAGALKOT-587118. …APPELLANTS (BY SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. SHRI. MUDUKAPPA S/O MADIWALAPPA KUNTOJI AGE. 60 YEARS, OCC. AGRICULTURE, RESIDING AT. CHITTAWADAGI, TQ. HUNGUND, DIST. BAGALKOT-587118. 2. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.01 10:44:59 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9242-DB WA No. 100282 of 2024 3. THE DEPUTY COMMISSIONER BAGALKOT, DIST. BAGALKOT, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT-587104. 4. THE ASSISTANT COMMISSIONER BAGALKOT DIST. BAGALKOT, DISTRICT ADMINISTRATIVE BUILDING, NAVANAGAR, BAGALKOT-587104. 5. THE TAHSHILDAR, TQ. HUNGUND, DIST. BAGALKOT-587118. …RESPONDENTS (BY SRI. V.S. KALASURMATH, HCGP FOR R2 TO R5) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27-10-2022 PASSED IN WP NO.100375/2022 (KLR-RR/SUR) BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION IN THE INTEREST OF JUSTICE. THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL - 3 - HC-KAR NC: 2025:KHC-D:9242-DB WA No. 100282 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) I.A No.4/2024 is being filed seeking leave to challenge the order in WP No.100375/2022. Reason assigned is that the applicants in I.A No.4/2024 are stated to be necessary parties and order is passed by the learned Single Judge in the writ proceedings without arraying the applicants in I.A No.4/2024 as the necessary parties. Taking note of the settled position as laid down by the Apex Court in Shivdeo Singh Vs. State of Punjab1 and Pohla Singh @ Pohla Ram(D) by Legal Representatives Vs. State of Punjab and Others2, the present proceedings do not call for adjudication and disposed of while reserving liberty to the applicants in I.A No.4/2024 to take up fresh proceedings by way of writ and 1 AIR 1963 SC 1909 2 (2004) 6 SCC 126 - 4 - HC-KAR NC: 2025:KHC-D:9242-DB WA No. 100282 of 2024 seek appropriate relief as regards the order passed in WP No.100375/2022 as is permissible in law. All contentions of the applicants in I.A No.4/2024 are kept open. Office is directed to return the certified copies of the orders forthwith. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE PJ, CT;VP LIST NO.: 1 SL NO.: 19