- 1 - NC: 2025:KHC-D:2435 WP No. 106517 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106517 OF 2024 (LR) BETWEEN: 1. GALI BASAVARAJ S/O. MAREPPA, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. BADANAHATTI VILLAGE-583116, KURUGODU TALUKA, DISTRICT: BALLARI-583101. 2. MALLAPPA @ GALI MALLAPPA S/O. HANAMANTAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BADANAHATTI VILLAGE-583116, KURUGODU TALUKA, DISTRICT: BALLARI-583101. HANAMANTHAPPA S/O HANAMANTHAPPA SINCE DECEASED BY HIS LR 3. VENKATESH @ GALI VENKATESH S/O. HANAMANTHAPPA, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. BADANAHATTI VILLAGE-583116, KURUGODU TALUKA, DISTRICT: BALLARI-583101. …PETITIONERS (BY SRI. VINAY S. KOUJALAGI, AND SRI. V.M. SHEELAVANT, ADVOCATES) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.11 11:43:14 +0530 - 2 - NC: 2025:KHC-D:2435 WP No. 106517 of 2024 2. THE LAND TRIBUNAL, KURUGODU TALUKA-583116, DIST: BALLARI, BY ITS CHAIRMAN. 3. SUGHYANENDRASWAMY RAGJAVENDRA MATH, MANTRALAYA -581345, DIST: KARNOOL, STATE ANDRA PRADESH. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; NOTICE TO R3 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND QUASH THE ORDER PASSED BY THE LAND TRIBUNAL KURUGODU TALUK BALLARI DIST DT 16/3/2023 IN CASE NO.799/800/2022-23 PRODUCED AT ANNEXURE-E IN SO FAR AS ORDER MAINTAINING STATUS QUO FOR THE LAND MEASURING 17.80 ACRES IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY; GRANT SUCH OTHER RELIEFS AS DEEMED FIT IN CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 and 2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC-D:2435 WP No. 106517 of 2024 a) Issue writ in the nature of Certiorari or any other appropriate writ, order or direction and quash the order passed by the Land Tribunal Kurugodu Taluk Ballari Dist. dt 16/3/2023 in case no.799/800/ 2022-23 produced at Annexure-E in so far as order maintaining status quo for the land measuring 17.80 acres is concerned in the interest of justice and equity; b) Grant such other reliefs as deemed fit in circumstances of the case and in the interest of justice and equity. 3. The grievance of the petitioners is that, vide the aforesaid impugned order dated 16.03.2023 at Annexure-E, the Land Tribunal has directed to maintain status-quo in respect of 17.80 acres in Survey Number 281/2, and the said order of status- quo adversely affects the petitioner on the ground that the petitioner's land is situated in Survey Number 281/2. 4. A perusal of the documents would indicate that the application filed by the petitioner was for 281/C, which has been granted in the proceedings of the Land Tribunal dated 14.10.1986, in pursuance of which Form No.10 has also been issued in respect of - 4 - NC: 2025:KHC-D:2435 WP No. 106517 of 2024 281/C, measuring 3 acres. The mutation register extract produced by the petitioner would indicate that 281/*/2 measures 22.80 acres, and there is a separate reference to the land in Survey Number 281/*/C, measuring 11.67 acres. Thus, the land in Survey Number 281/C being classified and numbered separately, it cannot be said that the land of the petitioner would come within 281/*/2. 5. As such, clarifying that the impugned order dated 16.03.2023 is in relation to Survey No.281/2 and not in relation to 281/*/C, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 36