- 1 - HC-KAR NC: 2025:KHC-D:14002 WP No. 102142 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102142 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. V. HULUGAPPA S/O. LATE PAKKIRAPPA, AGE: 42 YEARS, OCC: AGRICULURE, R/O. D.NO.1764, WARD NO.4, NEAR GANESH TEMPLE, KUDUTHINI VILLAGE, TQ. BALLARI, DIST. BALLARI-583115. …PETITIONER (BY SRI. GANAPATI M. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, BALLARI, OFFICE AT: BALLARI, DIST. BALLARI 583101. 3. THE ASSISTANT COMMISSIONER, BALLARI, OFFICE AT: BALLARI, DIST. BALLARI 583101. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:05 +0100 - 2 - HC-KAR NC: 2025:KHC-D:14002 WP No. 102142 of 2025 4. TAHSILDAR, KAMPLI, TQ. KAMPLI, DIST. BALLARI-583132. 5. REVENUE INPSECTOR, TQ. KAMPLI, DIST. BALLARI-583132. 6. SMT. LAKSHMIDEVI W/O. K. RANGAIAH, AGED ABOUT 65 YEARS, OCC: HOUSEHOLD WORK, R/O. NALLUDI-KOTTAL, KAMPLI, TQ. KAMPLI, DIST. BALLARI-583132. 7. SMT. DASARA SUSHILAMMA W/O. LATE VENKATESHAPPA, AGE: 85 YEARS, OCC: HOUSEHOLD WORK, R/O. D.NO.289, WARD NO.18, NEAR NEW BUS STAND, KAMPLI, TQ. KAMPLI, DIST. BALLARI-583132. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER DT. 03/04/2024 IN NO./APL/05/2024 PASSED BY THE DEPUTY COMMISSIONER, BALLARI/RESPONDENT NO.2 VIDE ANNEXURE-F AND WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER DT: 29/12/2023 IN NO.SUM/KUM/APPEAL/247/2023-24 PASSED BY THE ASSISTANT COMMISSIONER, BALLARI SUB-DIVISION/ RESPONDENT NO.3 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14002 WP No. 102142 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned AGA accepts notice on behalf of respondents No.1 to 5. 2. It is noticed from the petition that the petitioner is claiming right over the petition property based on registered sale deed dated 10.07.2023 said to have been executed by respondent No.7. There was an entry in favour of the petitioner pursuant to the said sale deed. Later respondent No.6 filed an appeal against the said entry on the premise that she has purchased the property in the year 1988 from respondent No.7. 3. The Assistant Commissioner has observed that the property is already converted and the entries have to be restored and has set aside the mutation entry in favour of the petitioner. It is also noticed that a civil suit is pending in O.S.No.304/2023 on the file of Principal Civil Judge, Hosapete. 4. Since the dispute raised is about the title to immovable property, the questions have to be decided after the trial in the suit. - 4 - HC-KAR NC: 2025:KHC-D:14002 WP No. 102142 of 2025 5. Under these circumstances, the writ petition is disposed of with an observation that the suit has to be decided without reference to the order passed by the Assistant Commissioner and the Deputy Commissioner. 6. This Court has not expressed any opinion on the merits of the claim of either of the parties. 7. All questions kept open to be decided by the competent Civil Court where the suit is pending. 8. This Court is conscious of the fact that this order is passed without notice to respondents No.6 and 7. Respondents No.6 and 7, if aggrieved by the order or observations made in this order, they are at liberty to move this Court for modification or clarification. 9. Registry of this Court shall send the copy of this order to respondents No.6 and 7 by registered post. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK /CT-AN List No.: 1 Sl No.: 31