- 1 - NC: 2025:KHC-D:6507 WP No. 104977 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 104977 OF 2022 (KLR-RES) BETWEEN: 1. SMT.SHOBHA W/O. KAMANNA SAPTASAGAR, AGE: 54 YEARS, OCC. HOUSEWIFE, R/O. PLOT NO.142, SECTOR NO.5, SHREE NAGAR, BELAGAVI-590001. 2. SHRI. NITIN S/O. KAMANNA SAPTASAGAR, AGE. 38 YEARS, OCC. SERVICE, R/O. PLOT NO.142, SECTOR NO.5, SHREE NAGAR, BELAGAVI-590001. 3. SHRI. SACHIN S/O. KAMANNA SAPTASAGAR, AGE. 34 YEARS, OCC. SERVICE, R/O. PLOT NO.142, SECTOR NO.5, SHREE NAGAR, BELAGAVI-590001. 4. SMT. YAMUNA D/O. KAMANNA SAPTASAGAR, AGE. 31 YEARS, OCC. HOUSEWIFE, R/O. PLOT NO.142, SECTOR NO.5, SHREE NAGAR, BELAGAVI-590001. …PETITIONERS (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:6507 WP No. 104977 of 2022 AND: 1. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS, KALABURGI, SITTING AT BELAGAVI, DIST. BELAGAVI-590001. 2. THE DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI, DIST. BELAGAVI-590001. 3. M/S. ANNAPOORNESHWARI MINERAL GRINDER PVT. LTD., A PRIVATE LIMITED CO., REGISTERED UNDER THE COMPANIES ACT, WITH ITS REGISTRATION OFFICE SITUATED AT “SHARADA BHAVAN”, KACERI ROAD, BELAGAVI-590001, R/BY ITS FOLLOWING DIRECTORS. 4. SHRI. CHANDRAHAS VIRUPAXI KITTUR, AGE. 86 YEARS, OCC. PROFESSIONAL C.A., R/O. ANVIR PARK CLUB ROAD, BELAGAVI-590001. 5. SHRI. MOHAN VIRUPAXI KITTUR, AGE. 82 YEARS, OCC. ENGINEER, R/O. ANVIR PARK CLUB ROAD, BELAGAVI-590001. 6. SHRI. SADANAND VIRUPAXI KITTUR, AGE. 79 YEARS, OCC. BUSINESS, R/O. ANVIR PARK CLUB ROAD, BELAGAVI-590001. R3 TO 6 R/BY GPA HOLDER SRI. PRITISH KITTUR RESPONDENT NO.7. 7. SHRI. PRITISH VIRUPAXI KITTUR, AGE. 63 YEARS, OCC. ENGINEER, R/O. ANVIR PARK CLUB ROAD, BELAGAVI-590001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 AND R2; SRI. V.M. SHEELVANT, ADVOCATE FOR R3 TO R7; (REPRESENTED BY GPA HOLDER) - 3 - NC: 2025:KHC-D:6507 WP No. 104977 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AND QUASH THE ORDER PASSED BY THE REGIONAL JOINT DIRECTOR OF LAND RECORDS KALBURGI SITTING AT BELAGAVI BEARING NO.BGM/REV/SR-3/2021-22 DATED 26/07/2022 COPY AS PER ANNEXURE-H AND CONFIRM THE ORDER PASSED BY THE DEPUTY DIRECTOR OF LAND RECORDS BELAGAVI DATED 18/12/2019 IN BEARING NO.CTS/AP/81-2018-19 AT ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 26.07.2022 passed by respondent No.1, produced as per Annexure-H and the order dated 18.12.2019 passed by respondent No.2, produced as per Annexure-E. 2. Heard Sri Mrutyunjay Tata Bangi, learned counsel for the petitioners, Sri T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 and 2, and Sri V.M.Sheelvant, learned counsel for respondent Nos.3 to 7. Perused the materials on record. - 4 - NC: 2025:KHC-D:6507 WP No. 104977 of 2022 3. Learned counsel for respondent Nos.3 to 7 raised objection regarding maintainability of the petition on the ground the petitioners had filed the suit in O.S.No.308/2018 before the Civil Court seeking permanent injunction in respect of the very same property that is involved in this writ petition. The said suit came to be dismissed vide judgment dated 26.03.2024. Therefore, the petitioners are not entitled for any relief in this petition. 4. It is also contended by learned counsel for respondent Nos.3 to 7 that as per the order dated 26.07.2022 produced as per Annexure-H, respondent No.1 had remanded back the matter to the Deputy Director of Land Records (for short, ‘DDLR’) and on this ground also, the petition is not maintainable. 5. It is brought to the notice of the Court that, even contesting respondents i.e. respondent Nos.3 to 7 have filed a suit in O.S.No.998/2018, seeking declaration that, the sale deed executed in favour of the petitioners is - 5 - NC: 2025:KHC-D:6507 WP No. 104977 of 2022 null and void, and the suit is pending consideration before the Civil Court. 6. In view of the above, both the parties before this Court have approached the Civil Court by filing two different suits and since the matter is now pending with DDLR after remand by JDLR as per Annexure-H, I am of the opinion that the petitioners are not entitled for any relief in this petition. It is made clear that the order of the Civil Court shall bind both the parties to the writ petition. Accordingly, the writ petition is disposed of. Sd/- (M.G.UMA) JUDGE CLK CT:ANB List No.: 2 Sl No.: 15