- 1 - HC-KAR NC: 2025:KHC:31569-DB WP No. 8872 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 8872 OF 2024 (KLGP) BETWEEN: RAJESAB SON OF MODINSAB HARIHAR, AGED ABOUT 57 YEARS, OCC: AGRICULTURE RESIDENTS OF KANAVALLI VILLAGE, HAVERI -TALUK DISTRICT HAVERI 581 116. …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE FOR SRI. SURESH R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE TAHSILDAR, HAVERI TALUK HAVERI -581 110. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 AND R2) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31569-DB WP No. 8872 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.12.2022 IN SO FAR AS THE REASON ASSIGNED FOR THE DROPPING OF THE PROCEEDINGS AGAINST THE PETITIONER, PASSED IN CASE NO.LGC(G) 7523/2021 BY THE LEARNED KARNATAKA LAND GRABBING PROHIBITION, SPECIAL COURT AT BANGALORE, PRODUCED AT ANNEXURE-K AND QUASH THE INSPECTION REPORT/SPOT MAHAZAR DATED 09.07.2018, PRODUCED AT ANNEXURE-G AND DIRECT THE RESPONDENT NO.2 TO MUTATE THE NAME OF THE PETITIONER IN RESPECT OF THE LAND IN SURVEY NO.237 OF KANAVALLI VILLAGE IN HAVERI TALUK, TO AN EXTENT OF 04 ACRES AS PER THE ORDER DATED 28.11.2003, PASSED BY THE TALUKA REGULARISATION COMMITTEE FOR THE UNAUTHORIZED CULTIVATION PRODUCED AT ANNEXURE-D AND PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Sri M.R.Hiremathad, learned counsel for the petitioner has moved a memo for conversion of this petition as an appeal on the ground that under the amended Section 17A of the Karnataka Land Grabbing Prohibition Act, 2011, the order impugned is appealable. 2. On the other hand, learned Addl.Government Advocate has produced the order of Co-ordinate Bench of this Court - 3 - HC-KAR NC: 2025:KHC:31569-DB WP No. 8872 of 2024 dated 7th November 2024, passed in Writ Petition No.12006/2021 (KLGP) (Sri Kumara Naika -vs- Sri Rajakumar D., and others), in which, the writ petition was disposed of, reserving liberty to the petitioner to avail the remedy of appeal. 3. In view of the submissions made, we do not think it would be appropriate to order for conversion of this petition into an appeal. However, the petitioner is permitted to withdraw this petition and prefer an appeal, if so advised, in accordance with law. This petition is accordingly disposed of. The certified copies of the documents on record shall be returned to the counsel for the petitioner as per the Rules after retaining the photocopies of the same on record. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE bk/ : List No.: 1 Sl No.: 22