- 1 - HC-KAR NC: 2025:KHC-D:15382 WP No. 104203 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104203 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. SHANKREPPA IRAPPA KUNDRAL, AGE. 84 YEARS, OCC. AGRICULTURE, 2. SHRI NINGAPPA S/O SHANKREPPA KUNDRAL, AGE. 43 YEARS, OCC. AGRICULTURE, 3. SHRI LAXMAN S/O NINGAPPA KUNDRAL, AGE. 53 YEARS, OCC. AGRICULTURE, 4. SHRI. NINGAPPA S/O LAXMAN KUNDRAL, AGE. 26 YEARS, OCC. AGRICULTURE, 5. SHRI SHIVANAND S/O LAXMAN KUNDRAL, AGE. 22 YEARS, OCC. AGRICULTURE, ALL ARE R/O. CHILAMUR VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 130. … PETITIONERS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SHRI BASAPPA S/O SIDDAPPA HALAGATTI, AGE. 56 YEARS, OCC. AGRICULTURE, 2. SHRI. FAKIRAPPA S/O SIDDAPPA HALAGATTI, AGE. 54 YEARS, OCC. AGRICULTURE, 3. SHRI VITHAL S/O SIDDAPPA HALAGATTI, AGE. 50 YEARS, OCC. AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15382 WP No. 104203 of 2024 4. SHRI. YALLAPPA S/O SIDDAPPA HALAGATTI, AGE. 47 YEARS, OCC. AGRICULTURE, ALL ARE R/O. CHILAMUR VILLAGE, TQ. RAMDURG, DIST. BELAGAVI-591 130. 5. DEPUTY COMMISSIONER, BELAGAVI, BELAGAVI-590 001. 6. THE ASSISTANT COMMISSIONER, SUB-DIVISION, BAILHONGAL, DIST. BELAGAVI-591 101. 7. THE TAHASILDAR, RAMADURG, TQ. RAMDURG, DIST. BELAGAVI-591 123. … RESPONDENTS (BY SRI. DINSEH M. KULKARNI, ADVOCATE FOR R1 TO R4; SMT. MALA B. BHUTE, AGA FOR R5 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE DEPUTY COMMISSIONER/R5, BELAGAVI IN RB/RTA/190/2023-24 DATED 30/05/2024 VIDE ANNEXURE-K; ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE ASSISTANT COMMISSIONER/R6, BAILAHONGAL, SUB DIVISION BAILAHONGAL IN RA-114/2022 DATED 31/10/2023 VIDE ANNEXURE-F AND ISSUE A WRIT, OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE TAHASHILDAR, RAMDURGA IN L.N.D/C.R-73/2021-22, DATED 12/04/2022 VIDE ANNEXURE-C. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15382 WP No. 104203 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Article 226 and 227 of the Constitution of India by the petitioners assailing the order dated 30.05.2024 passed by the Deputy Commissioner, marked as Annexure-K, order dated 31.10.2023 passed by Assistant Commissioner, marked as Annexure-F, and the order dated 12.04.2022 passed by the Tahsildar, marked as Annexure-C. 2. The Tahsildar has held that the respondents have rights of way over the land of the petitioners. The Assistant Commissioner and Deputy Commissioner have confirmed the said order. 3. The Court has not examined as to whether the Tahsildar, Assistant Commissioner and Deputy Commissioner have the power to declare such a right. That question of law is kept open. 4. However, it is made clear that in view of the pendency of the civil suit, where the parties are agitating their claims before the Court of competent jurisdiction, the Civil Court shall - 4 - HC-KAR NC: 2025:KHC-D:15382 WP No. 104203 of 2024 decide the case without reference to the orders passed by the Tahsildar, Assistant Commissioner and Deputy Commissioner. 5. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BC LIST NO.: 1 SL NO.: 23.1