- 1 - HC-KAR NC: 2025:KHC-D:16680 WP No. 107467 of 2024 C/W WP No. 107469 of 2024 WP No. 107470 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107467 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 107469 OF 2024 (GM-CPC) WRIT PETITION NO. 107470 OF 2024 (GM-CPC) IN WP NO.107467 OF 2024: BETWEEN: K. PAPANNA S/O. SANGANABASAPPA SINCE DECEASED BY HIS LR’s., 1. SMT. GOWRAMMA W/O. GURULINGAPPA AND D/O. LATE K. PAPANNA, AGE ABOUT 66 YEARS, OCC: AGRICULTURIST, R/O. BANDIHATTI, TQ AND DSTI: BALLARY. 2. SMT. YELLAMMA W/O. LATE GANGADHAR AND D/O. LATE K. PAPANNA, AGE ABOUT 64 YEARS, OCC: AGRICULTURIST, R/O. BOMMANHALLI VILLAGE, TQ: MOLKALMUR, DIST: CHITRADURGA. 3. SMT. LAKSHMAMMA W/O. REVANNA AND D/O. LATE K. PAPANNA, AGE ABOUT 55 YEARS, OCC: AGRICULTURIST, R/O. DODGUR VILLAGE, TQ: MOLKALMUR, DIST: CHITRADURGA. 4. SMT. SHANTHAMMA W/O. CHANDRASHEKAR AND D/O. LATE K. PAPANNA, AGE ABOUT 53 YEARS, OCC: AGRICULTURIST, R/O. BANDIHATTI, TQ. AND DIST: BALLARY. 5. SRI. BASAVRAJ S/O. LATE K. PAPANNA, AGE ABOUT 44 YEARS, OCC: AGRICULTURIST, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:16680 WP No. 107467 of 2024 C/W WP No. 107469 of 2024 WP No. 107470 of 2024 R/O. BANDIHATTI, TQ. AND DIST: BALLARY. 6. SRI. MALLAIAH S/O. LATE K. PAPANNA, AGE ABOUT 42 YEARS, OCC: AGRICULTURIST, R/O. BANDIHATTI, TQ. AND DIST: BALLARY. 7. SRI. K. SANMUKAPPA S/O. LATE SANGANNA BASAPPA, AGE ABOUT 93 YEARS, OCC: AGRICULTURE, R/O. BANDIHATTI VILLAGE, BALLARI. …PETITIONERS (BY SMT. GAYATRI S.R., ADVOCATE) AND: SRI. N. PRATHAP REDDY S/O. N. GOWRANNA, AGED ABOUT 73 YEARS, EX-BUDA CHAIRMAN, R/AT. NEHRU COLONY, BALLARY-583103. …RESPONDENT (BY SRI. H.R.DESHPANDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN O.S. NO.380/2007; TO QUASH THE ORDER DATED 1.10.2024 APPOINTING THE TAHASILDAR AS COURT COMMISSIONER, AND COMMON ORDER DATED 14.11.2024 REJECTING THE I.A.NOS.44 AND 45, PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN O.S. NO.380/2007, VIDE ANNEXURE-H, BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HON'BLE COURT MAY DEEMS FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE AND ETC. IN WP NO.107469 OF 2024 BETWEEN: HUSSAINAPPA S/O. DURGAPPA SINCE DECEASED BY HIS LR’s., - 3 - HC-KAR NC: 2025:KHC-D:16680 WP No. 107467 of 2024 C/W WP No. 107469 of 2024 WP No. 107470 of 2024 1. SMT. RENUKA W/O. LATE HUSSAINAPPA, AGED ABOUT 72 YEARS, OCC: AGRICULTURE, 2. SMT. RAJESHWARI H. D/O. LATE HUSSAINAPPA, AGED ABOUT 52 YEARS, OCC: AGRICULTURE, BOTH ARE R/O. DHOBI STREET, COWL BAZAR, BALLARI-583101. 3. SMT. M. KAVITHA W/O. MADIWALA VENKOBA AND D/O. LATE HUSSAINAPPA, AGE: 51 YEARS, OCC: HOUSEWIFE, R/O. H.NO.1/48, ISHWAR NAGAR, NEAR VALMIKI KALYANA MANTAPA, NEAR ANGANAWADI SCHOOL, WARD NO. 35, HOSPET, BALLARI. …PETITIONERS (BY SRI. GAYATRI S R, ADVOCATE) AND: SRI. NARA PRATHAP REDDY S/O. N. GOWRANNA AGED ABOUT 73 YEARS, EX-BUDA CHAIRMAN, R/AT: NEHRU COLONY, BALLARY-583103. …RESPONDENT (BY SRI. H.R.DESHPANDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN O.S. NO.558/2006; TO QUASH THE ORDER DATED 1.10.2024 APPOINTING THE TAHASILDAR AS COURT COMMISSIONER, AND COMMON ORDER DATED 14.11.2024 REJECTING THE IA.NOS.44 AND 45, PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN O.S. NO.558/2006, VIDE ANNEXURE-H, BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HON'BLE COURT MAY DEEMS FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:16680 WP No. 107467 of 2024 C/W WP No. 107469 of 2024 WP No. 107470 of 2024 IN WP NO.107470 OF 2024: BETWEEN: 1. SHRI. K. LAXMAN S/O. KURUBAR SRIKANTAPPA, AGED ABOUT 54 YEARS, OCC: AGRICULTURE, 2. K. MOHAN S/O. KURUBAR SRIKANTAPPA, AGED ABOUT 49 YEARS, OCC: AGRICULTURE, BOTH ARE R/O. BANDIHATTI, BALLARI. …PETITIONERS (BY SMT. GAYATRI S.R., ADVOCATE) AND: SRI. N. PRATHAP REDDY S/O. N. GOWRANNA AGED ABOUT 54 YEARS, EX-BUDA CHAIRMAN, R/AT. NEHRU COLONY, BALLARY-583103. …RESPONDENT (BY SRI. H.R.DESHPANDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN O.S. NO.242/2008; TO QUASH THE ORDER DATED 1.10.2024 APPOINTING THE TAHASILDAR AS COURT COMMISSIONER, AND COMMON ORDER DATED 14.11.2024 REJECTING THE IA.NOS.44 AND 45, PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI, IN O.S. NO.242/2008, VIDE ANNEXURE-H BY ISSUING A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR WRITS AS THIS HON’BLE COURT MAY DEEMS FIT TO ISSUE IN THE CIRCUMSTANCES OF THE CASE AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:16680 WP No. 107467 of 2024 C/W WP No. 107469 of 2024 WP No. 107470 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) These petitions are filed assailing the order dated 01.10.2024 passed by the IV Additional Civil Judge, Ballari in O.S.No.380/2007 appointing Tahsildar as the Surveyor to measure the property. 2. Learned counsel for the petitioners and respondent jointly submit that the parties have filed a joint memo to appoint Deputy Director of Land Records as the Surveyor to measure the property. 3. Since, there is consensus on the Authority to measure the property, the impugned order is set aside. 4. Hence, the following: ORDER i. Writ petitions are disposed of. ii. Impugned order dated 14.11.2024 is quashed. - 6 - HC-KAR NC: 2025:KHC-D:16680 WP No. 107467 of 2024 C/W WP No. 107469 of 2024 WP No. 107470 of 2024 iii. The Deputy Director of Land Records is appointed as the Commissioner to measure the properties in question. iv. The parties are at liberty to furnish the memo of instructions to the Deputy Director of Land Records. v. The Trial Court shall issue guidelines to the extent possible as held in Shadaksharappa Vs. K. Vijayalaxmi and Others1. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 1 Sl No.: 54 1 ILR 2023 Kar 3983