- 1 - NC: 2025:KHC-D:1041 WP No. 105773 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105773 OF 2024 (LB-RES) BETWEEN: 1. SANTOSH S/O. MADEV NAIK, AGE: 39 YEARS, OCC: PRIVATE WORK, R/O. K.J. SCHOOL, MAVALLI-2, MURDESHWAR-531350, TQ: BHATKAL, DIST: UTTAR KANNADA. 2. DEEGAMBER S/O. NAGESH KAMATH, AGE: 60 YEARS, OCC: PRIVATE WORK, R/O. S.NO.201, 2ND FLOOR, TINDLU CIRCLE, TINDLU, 1ST CROSS, GOUDAR STREET, BENGALURU NORTH-560097. …PETITIONERS (BY SRI. DATTATRAYA J. NAIK, ADVOCATE) AND: 1. DEPUTY COMMISSIONER, KARWAR, DIST: UTTARA KANNADA-580001. 2. SUB REGISTRAR, BHATKAL-581320, TQ: BHATKAL, DIST: UTTAR KANANDA. 3. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, KARWAR-581301. 4. EXECUTIVE OFFICER, TALUK PANCYAYAT, BHATKAL-581320, TQ: BHATKAL, DIST: UTTAR KANANDA. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1041 WP No. 105773 of 2024 5. PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, MAVALLI-2, MURDESHWAR-581350, TQ: BHATKAL, DIST: UTTARA KANNADA. 6. GRAM PANCHAYAT MAVALLI-2, MURDESHWAR REPRESENTED BY ITS ADYAKSHA, MAVALLI-2, MURDESHWAR-581350, TQ: BHATKAL, DIST: UTTARA KANNADA. 7. DEVANAND LAXMAN PRABHU, AGE: MAJOR, OCC: PRIVATE WORK, R/O. MAVALLI-2, MURDESHWAR-581350, TQ: BHATKAL, DIST: UTTAR KANNADA. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; SRI. VENKATESH M. KHARVI, ADVOCATE FOR R4; SRI. A.P. HEGDE JANMANE, ADVOCATE FOR R7; R3, R5 AND R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASH THE ORDER DATED 02-08-2024, BEARING NO. KRAMANK/GRA.PAM.MAVALLI-2,/2024-25/112 DATED 02-08-2024 PASSED BY THE RESPONDENT NO.5 VIDE ANNEXURE-E; QUASH THE RESOLUTION DATED 29-06-2024, PASSED BY THE RESPONDENT NO.6 VIDE ANNEXURE-G; ISSUE WRIT OF MANDAMUS DIRECTING THE R-5 TO ENTER THE NAME OF THE PURCHASER PETITIONER NO.1 OF THE PROPERTY IN SURVEY NO.11B MAVALLI-2 TO THE EXTENT OF 00-01-00 IN THE MUTATION ENTRY OF THE PROPERTY AND REVENUE RECORDS AND E-SWATTU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1041 WP No. 105773 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following relief: a) Quash the order dated 02-08-2024, bearing no. KRAMANK/GRA.PAM.MAVALLI-2,/2024- 25/112 dated 02-08-2024 passed by the respondent No.5 vide Annexure-E; b) Quash the Resolution dated 29-06-2024, passed by the respondent no.6 vide Annexure-G; c) Issue writ of Mandamus directing the R-5 to enter the name of the purchaser petitioner No.1 of the property in Survey no.11B Mavalli-2 to the extent of 00-01-00 in the Mutation entry of the property and revenue records and E-Swattu. d) Pass such other order as this Hon’ble court deems fit and proper under the facts and circumstance of the case to meet the ends of justice and equity. 2. Learned counsel for the respondents submits that the petitioners have already filed an appeal challenging the impugned order dated 02.08.2024 before the 4th respondent, if that be so, the above petition is not maintainable. It would be for the 4th respondent to consider the appeal and pass orders. Once an appeal - 4 - NC: 2025:KHC-D:1041 WP No. 105773 of 2024 has been filed, the question of filing the petition would not arise. Though, cost could be imposed on the petitioner. This court restrains from doing so since submission of learned counsel for the petitioners is that no interim order was passed by respondent No.4 as such he filed the present petition. 3. In that view of the matter, the above petition is disposed of by directing respondent No.4 to dispose the appeal pending before him within a period of 60 days from the date of receipt of a copy of this order. 4. The interim order granted by this Court will enure to the benefit of the petitioners till the said Appeal is disposed of. 5. Learned counsel Sri Venkatesh M. Kharvi appeared for respondent No.4 is directed to inform respondent No.4 about this order. The petitioner and the 7th respondent are also at liberty to place the order before the respondent No.4 for necessary action. - 5 - NC: 2025:KHC-D:1041 WP No. 105773 of 2024 6. In view of petition being disposed of pending IA, if any does not survive for consideration and same are also disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 30