- 1 - NC: 2025:KHC-D:2286 WP No. 107211 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107211 OF 2024 (KLR-RR/SUR) BETWEEN: 1. PARAPPA S/O KALLAPPA URABINAVAR AGED: ABOUT 59 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT-587312. 2. BASAPPA S/O KALLAPPA URABINAVAR AGED: ABOUT 57 YEARS, OCC: AGRICULTURE, R/O CHIMMAD VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT-587312. 3. MALLAPPA S/O KALLAPPA URABINAVAR AGED: ABOUT 55 YEARS, OCC: AGRICULTURE, R/O CHIMMAD VILLAGE, TQ: JAMKHANDI DIST: BAGALKOT-587312. 4. HANAMANT S/O KALLAPPA URABINAVAR AGED: ABOUT 53 YEARS, OCC: AGRICULTURE, R/O: CHIMMAD VILLAGE, TQ: JAMKHANDI, DIST: BAGALKOT-587312. …PETITIONERS (BY SRI GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE DEPUTY DIRECTOR OF LAND RECORDS, BAGALKOTE, ZILLA ADALITA BHAVAN, GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2286 WP No. 107211 of 2024 BAGALKOT, DIST. BAGALKOT-587101. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS JAMKHANDI SUB-DIVISION, AC OFFICE COMPOUND, JAMKHANDI, DIST: BAGALKOT-587301. 4. THE TALUKA SURVEY OFFICER, JAMKHANDI, AC OFFICE COMPOUND, JAMKHANDI, RABAKAVI-BANAHATTI, DIST: BAGALKOT-587301. …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED 08.11.2023 ISSUED BY THE RESPONDENT NO.2IN 14/2023-24 VIDE ANNEXURE-C AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO FULLY IMPLEMENT THE ORDER PASSED BY THIS HON’BLE COURT IN WP NO.114494/2019 CONNECTED WITH WP NO.107957/2016 VIDE ANNEXURE-A AND A1 BY EFFECTING SUB- DIVISIONS IN RS NO.212/1, RS NO.213, RS NO.252/1, RS NO.252/2, OF CHIMMAD VILLAGE BY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this court seeking for the following reliefs: a) Issue a writ in the nature of certiorari to quash the impugned endorsement dated 08.11.2023 issued by the respondent no.2 in 14/2023- - 3 - NC: 2025:KHC-D:2286 WP No. 107211 of 2024 24 vide Annexure-C, in the interest of justice and equity.. b) Issue a writ of mandamus directing the respondents to fully implement the order passed by this Hon’ble court in WP No.114494/2019 connected with WP No.107957/2016 vide Annexure-A and A1 by effecting sub-divisions in Rs No.212/1, RS No.213, Rs No.252/1, Rs No.252/2, of Chimmad village by, in the interest of justice and equity. c) Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioners are aggrieved by the endorsement dated 06.11.2023 at Annexure-C. By virtue of the said endorsement, respondent No.2 has indicated that, since the boundaries in the land in RS No.212/1 are not fixed, it is not possible to affect subdivision in view of the pendency of the suit in O.S.No.9/2020. 3. Having perused the said endorsement, as also the averments in the suit in O.S.No.9/2020, though the said suit is for declaration on the basis of the partition, respondent No.2 could have issued notices to the parties in O.S.No.9/2020 and carry out the - 4 - NC: 2025:KHC-D:2286 WP No. 107211 of 2024 directions issued by this Court in WP No.114494/2019. 4. In view of the matter, I am of the considered the opinion that notices could have been issued to the plaintiffs in the said suit in O.S.No.9/2020, as also the defendants in the said suit, who are parties to the Writ Petition No.114494/2019 C/w. Writ Petition No.107957/2016, it was for the respondent No.2 to carry out the orders of this Court dated 07.08.2023 in the aforesaid writ petitions, as clarified by the order dated 09.08.2023, passed in the said matter. Instead of doing so, respondent No.2, on the ground that the suit in O.S.No.9/2023 is pending, has indicated that it is not possible to affect subdivision as per the order dated 07.08.2023. The order passed is much subsequent to the suit in O.S.No.9/2020 having been filed, this Court having taken note that, no contention has been taken up in Writ Petition No.114494/2019 as regards the - 5 - NC: 2025:KHC-D:2286 WP No. 107211 of 2024 pendency of the suit and the way it affects the implementation of the directions issued in Writ Petition No.114494/2019, the Assistant Director could not have issued the endorsement at Annexure- C. 5. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. Certiorari is issued, the endorsement dated 08.11.2023 issued by respondent No.2 at Annexure-C, is quashed. iii. Respondent No.2 is directed to comply with the order dated 07.08.2023 and also the order dated 09.08.2023 passed in W.P.No.114494/2019 C/w. W.P.No.107957/2016, dehors the pendency of the suit in O.S.No.9/2020. - 6 - NC: 2025:KHC-D:2286 WP No. 107211 of 2024 iv. The joint survey having been completed, the subdivision of the properties shall be affected within 6 weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-GSM List No.: 1 Sl No.: 11