- 1 - NC: 2025:KHC-D:3562 WP No. 106921 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106921 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. RAJENDRA S/O. BABU CHOUGALA AGE: 45 YEARS, OCC: ADVOCATE & AGRICULTURE, R/O: GOUDAWAD, TAL: HUKKERI, DIST: BELAGAVI – 591309. 2. SRI. BASAVAPRABHU S/O. SHANKAR DESAI AGE: 61 YEARS, OCC: AGRICULTURE, R/O: NEAR ARJUNWAD ROAD & ALSO NEAR GOVT. WATER TANK, GOUDWAD VILLAGE, TAL: HUKKERI, DIST: BELAGAVI – 591309. 3. SMT. SHAKUNTALA @ JAYASHREE W/O. BASAVAPRABHU DESAI AGE: 57 YEARS, OCC: AGRICULTURE, R/O: NEAR ARJUNWAD ROAD & ALSO NEAR GOVT. WATER TANK, GOUDWAD VILLAGE, TAL: HUKKERI, DIST: BELAGAVI – 591309. 4. SRI. ALAGOUDA S/O. BASAVAPRABHU DESAI AGE: 34 YEARS, OCC: AGRICULTURE, R/O: NEAR ARJUNWAD ROAD & ALSO NEAR GOVT. WATER TANK, GOUDWAD VILLAGE, TAL: HUKKERI, DIST: BELAGAVI – 591309. 5. SRI. PARAGOUDA S/O. BASAVAPRABHU DESAI AGE: 32 YEARS, OCC: AGRICULTURE, R/O: NEAR ARJUNWAD ROAD & ALSO NEAR GOVT. WATER TANK, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:53 +0530 - 2 - NC: 2025:KHC-D:3562 WP No. 106921 of 2024 GOUDWAD VILLAGE, TAL: HUKKERI, DIST: BELAGAVI – 591309. 6. SRI. LAKHAMGOUDA S/O. BASAVAPRABHU DESAI AGE: 28 YEARS, OCC: AGRICULTURE, R/O: NEAR ARJUNWAD ROAD & ALSO NEAR GOVT. WATER TANK, GOUDWAD VILLAGE, TAL: HUKKERI, DIST: BELAGAVI – 591309. …PETITIONERS (BY SRI. RAJENDRA R. PATIL & SRI. SRINAND A. PACHHAPURE, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, BELAGAVI SUB-DIVISION, BELAGAVI – 590001. 4. THE TAHASILDAR, HUKKERI, TAL: HUKKERI, DIST: BELAGAVI-591309. 5. SRI. BASAVARAJ S/O. SHANKAR MADALAGI AGE: 31 YEARS, OCC: AGRICULTURE, R/O: HATTIGUDD – ARABHAVI, TAL: GOKAK, DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4; NOTICE TO R5 IS DISPENSED WITH) - 3 - NC: 2025:KHC-D:3562 WP No. 106921 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI SETTING ASIDE THE ORDER BEARING NO. RB/RTA/341/2023-24 DATED 27/08/2024, ORDER BEARING NO.RA- 270/2023 DATED 22/01/2024 AND ORDER BEARING NO. RTS/SR/09/2021 DATED 29/09/2023 PASSED BY THE RESPONDENT NO.2, 3 AND 4 RESPECTIVELY MARKED AT ANNEXURE - A, B AND C RESPECTIVELY; AND GRANT ANY OTHER RELIEF AS DEEMED FIT IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING 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 to 4. Notice to respondent No.5 is dispensed with in view of the proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: i. A Writ of Certiorari setting aside the Order bearing No.RB/RTA/341/2023-24 dated 27/08/2024, Order bearing No.ra-270/2023 dated 22/01/2024 and Order bearing No.RTS/SR/09/2021 dated 29/09/2023 passed by the Respondent No.2, 3 and 4 respectively marked at annexure - A, B and C respectively; ii. And grant any other relief as deemed fit in the interest of justice. - 4 - NC: 2025:KHC-D:3562 WP No. 106921 of 2024 3. The petitioners claim that 01 acre of land in Survey No.34/3A has been relinquished in favour of petitioner No.1. The entire land is measuring 5 acres. 4. The contention of learned counsel for the petitioners is that, there is no dispute as regards 01 acre of land being owned by the petitioner No.1. In this regard, it is submitted that, a suit in O.S.No.92/2020 having been filed by respondent No.5, in the said suit, petitioner No.1 sought to implead himself. The impleading application having been rejected, the petitioner No.1 had approached this Court in W.P.No.103603/2021. By referring to the order dated 24.08.2023 passed by this Court in W.P.No.103603/2021, his submission is that, the respondents have only claimed 4 acres of land, but they have not claimed any interest in the right belonging to the property of the petitioner No.1. 5. A perusal of the order dated 24.08.2023 indicates that, in the said order, this Court has held, “Therefore - 5 - NC: 2025:KHC-D:3562 WP No. 106921 of 2024 I am of the view that learned Judge was justified in relegating the impleading applicant to establish his right in an independent proceeding”. When such a finding has been expressed by the Coordinate Bench of this Court, it was for the petitioner No.1 to have established his right in independent proceedings. 6. On enquiry as to whether such independent proceedings have been filed, learned counsel for the petitioners submits that no such proceedings have been filed to insist that relinquished deed executed the name of the petitioner No.1 is required to be entered into revenue records in respect of the aforesaid 01 acre of land and as such, the order 29.09.2023 passed by respondent No.4, the order dated 22.01.2024 passed by respondent No.3 and order dated 27.08.2024 passed by respondent No.2, are not proper and are required to be set aside. 7. In view of the specific observation made by this Court, it would not be required for this Court to go - 6 - NC: 2025:KHC-D:3562 WP No. 106921 of 2024 into the reasoning given in Annexures C, B and A. Reserving liberty to the petitioners to initiate such independent proceedings as observed by this Court vide order dated 24.08.2023 in W.P.No.103603/2021, the petition stands disposed of. 8. In the event of the petitioners being successful in such independent proceedings, petitioners are reserved liberty to approach respondent No.4 for causing such entries as may be required. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 17