- 1 - HC-KAR NC: 2025:KHC-D:18190 WP No. 102054 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102054 OF 2018 (LB-RES) BETWEEN: 1. SRI. BABU S/O. BALU BADAKUNDRE AGE: 59 YEARS, OCC: AGRIL., R/O. KARADGA, TQ: CHIKODI, DIST: BELAGAVI. 2. SRI. ANIL S/O. SHIVAJI BADAKUNDRE AGE: 33 YEARS, OCC: AGRIL., R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI. 3. SRI. APPASAHEB S/O. BALU BADAKUNDRE AGE: 57 YEARS, OCC: AGRIL., R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI. 4. SMT. JAYASHRI W/O. DADASAHEB BADAKUNDRE, AGE: 49 YEARS, OCC: H/W, R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI. 5. SMT. MANGAL W/O. KUMAR BADAKUNDRE AGE: 53 YEARS, OCC: H/W, R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI. …PETITIONERS (BY SRI. SHARAD V.MAGADUM, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:01 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18190 WP No. 102054 of 2018 AND: 1. THE EXECUTIVE OFFICER TALUKA PANCHAYAT CHIKODI, DIST: BELAGAVI. 2. THE PANCHAYAT DEVELOPMENT OFFICER GRAM PANCHAYAT KARADGA. 3. SRI. HOOVAPPA S/O. SATTU GAVADE AGE: 73 YEARS, OCC: AGRIL., R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI. 4. SRI. RAMA S/O. HOOVAPPA GAVADE AGE: 38 YEARS, OCC: AGRIL., R/O: KARADGA, TQ: CHIKODI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. SHIVARAJ P.MUDHOL, ADVOCATE FOR R3 & R4; NOTICE TO R1 AND R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.11.2017 BEARING NO. PÀæ¸ÀA.vÁ¥ÀAa:UÁæ¥ÀA/C¦Ã®Ä-03/2017-18 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-F AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18190 WP No. 102054 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order at Annexure-F which is dated 28.11.2017. 2. In terms of the said order, the Taluk Panchayath Officer, Chikodi has passed an order stating that the names of the contesting respondents are to be entered based on the registered sale deed. However, the Authority has also held that O.S.No.416/2013 is pending before the Principal Civil Judge, Chikodi and the order is subject to the result of the civil suit, which is pending. 3. Learned counsel for the petitioners and respondents jointly submit that the civil suit is still pending. 4. Learned counsel for the petitioners submits that though the names of the contesting respondents are entered based on the registered sale deed, said sale deed is not acted upon. The petitioners are in possession of the property and petitioners have been paying the property tax. - 4 - HC-KAR NC: 2025:KHC-D:18190 WP No. 102054 of 2018 5. The Court has considered the contentions raised at the Bar and perused the records. 6. In terms of the impugned order, the Authority has not decided the title and possession of the properties. The title and possession over the property has to be decided by the competent Civil Court where the suit is pending. 7. Thus, without expressing anything on the claim of either of the parties relating to the title and possession, the following: ORDER i. The petition is disposed of. ii. The entry has to be rectified or retained in the property records as per the judgment to be passed by the Civil Court. iii. All contentions of the parties are kept open. Merely because the court has not set aside the order passed by the Taluka Panchayath Officer, - 5 - HC-KAR NC: 2025:KHC-D:18190 WP No. 102054 of 2018 it should not be construed that the court has upheld the said order. iv. Whether the sale deed is valid or not, whether the petitioners are the owners of the property or the respondents are the owners of the property has to be decided in the Civil Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 1 Sl No.: 68