- 1 - NC: 2025:KHC-D:2710-DB WA No. 100591 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100591 OF 2024 (CS-RES) BETWEEN: HAVYAKA VIDYVARDHAKA SANGHA, KUMATA (R) HAVYAK SABHAMANTAP, MURURU ROAD, KUMTA-581343, DIST- UTTARA KANNADA. REPRESENTED BY ITS SECRETARY SHRIKANT S/O. KRISHNA BHAT, AGED: 64 YEARS. …APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: 1. KARNATAKA RAJYA SOUHARDA SAMYUKTA SAHAKARI LTD NIRMANA BHAVANA, DR RAJKUMAR ROAD, I BLOCK, RAJAJI NAGARA, BENGALURU 560010. 2. MANAGING DIRECTOR, KARNATAKA RAJYA SOUHARDA SAMYUKTA SAHAKARI LTD, NIRMANA BHAVANA, DR RAJKUMR ROAD, I BLOCK RAJAJI NAGARA, BENGALURU 560010. Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2710-DB WA No. 100591 of 2024 3. KUMATA ADIKE MARATA SOUHARADA SAHAKARI LTD KUMTA, TQ: KUMTA DISTRICT: UTTARA KANNADA 581343 …RESPONDENTS (BY SRI. VIJAY MALALI ,ADVOCATE FOR SRI. A. P. HEDGE JANMANE ADVOCATE FOR C/R3) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE ORDER DATED. 30-09-2021 PASSED BY LEARNED SINGLE JUDGE OF HON’BLE COURT KARNATAKA BENCH AT DHARWAD IN W.P. NO. 100398/2021 (CS-RES) BY ALLOWING THIS APPEAL AND CONSEQUENTLY W.P. NO. 100398/2021 (CS-RES) MAY KINDLY BE DISMISSED IN ITS ENTIRETY IN THE INTEREST OF JUSTICE AND ETC. THIS APPEAL, COMING ON FOR PRILIMINARY HEARING, THIS DAY, THE COURT DELIVERED THE JUDGMENT THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The appellant is inducted as a tenant in the properties measuring 10 guntas and 12 guntas - 12 annas in plot No.56, in survey No.74 C of Manaki village, Kumta Taluk. The appellant is inducted in possession of these two portions under two registered lease deeds dated 02.04.1994 and 18.07.2002. The lease tenure is for a period of 99 - 3 - NC: 2025:KHC-D:2710-DB WA No. 100591 of 2024 years. The appellant has requested the third respondent [the lessor] for the grant of lease of a further extent of 17 guntas, which is considered favourably by the third respondent in passing the resolution in that regard on 08.12.2018. However, the first respondent has issued directions to the third respondent on 08.07.2020 calling upon the third respondent to take action to recover possession of the third property measuring 17 guntas and 4.5 annas on the ground that the decision to grant a lease and give possession is even before the appropriate permission has been granted by the Jurisdictional Deputy Commissioner. The appellant has called this order in question in W.P.No.100398/2021, which is disposed of by the Writ Court observing that the appellant cannot have a grievance with the first respondent’s direction as it is not an order in the strict sense. Sri.Vishwanath Hegde, the learned counsel for the appellant and Sri. Vijay Malali, who appears on behalf of Sri.A.P.Hegde Janmane, who is on record for the third - 4 - NC: 2025:KHC-D:2710-DB WA No. 100591 of 2024 respondent, are heard. It will suffice for this Court to observe that the appellant cannot be aggrieved by the disposal as aforesaid as none of its rights are foreclosed and if indeed the third respondent initiates any action to cancel the lease or take possession of the property, all defences permissible in law will be available. This would be so even if proceedings are already initiates. With observations as aforesaid, the Writ Appeal stands disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT-VG LIST NO.: 1 SL NO.: 3