- 1 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT PETITION NO. 113000 OF 2019 (GM-CPC) BETWEEN: 1. NAGAPATI S/O. RAMACHANDRA HEGDE, AGED 69 YEARS, OCC: AGRICULTURE, R/O. JAKKOLLI, PO: KUNDARAGI, TQ: YELLAPUR, DISTRICT: NORTH KANARA, PIN: 581347. 2. VISHVESHWAR S/O. RAMACHANDRA HEGDE, AGED 58 YEARS, OCC: AGRICULTURE, R/O. JAKKOLLI, PO: KUNDARAGI, TQ: YELLAPUR, DIST: NORTH KANARA, PIN: 581347. …PETITIONERS (BY SRI. A. P. HEGDE JANMANE, ADVOCATE) AND: 1. THE TAHASILDAR, YELLAPUR, TQ: YELLAPUR, DISTRICT: NORTH KANARA. 2. THE ASSISTANT COMMISSINER, SIRSI SUB DIVISION, SIRSI, DISTRICT: NORTH KANARA. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 3. DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR, DIST: NORTH KANARA. 4. THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR, DIST: NORTH KANARA. 5. CHANDRASHEKAR S/O. GOPAL BHAGWAT, AGED 57 YEARS, OCC: AGRICULTURE, R/O. BHARATANAHALLI, PO: KUNDARAGI, TQ: YELLAPUR, DIST: NORTH KANARA, PIN: 581347. …RESPONDENTS (BY SRI. KESHAVREDDY M., AAG A/W. SRI. PRAVEEN K. UPPAR, AGA FOR R1 TO R4; NOTICE TO R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER ON I.A.NO.1 IN O.S. NO.48/2015 DATED 07.02.2017 PASSED BY THE SENIOR CIVIL JUDGE AT YELLAPUR, MARKED AT ANNEXURE-A AND ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 05.07.2019 IN M.A. NO.5002/2017 PASSED BY THE IST ADDITIONAL DISTRICT & SESSIONS JUDGE, KARWAR SITTING AT SIRSI, ITINERY COURT AT YELLAPUR SITTING AT YELLAPUR MARKED AT ANNEXURE-B IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This petition is filed seeking following reliefs: “a. Issue a Writ of Certiorari quashing the order on IA.No.1 in O.S.No.48/2015 dated 7- 02-2017 passed by the Senior Civil Judge at Yellapur, marked at Annexure-A in the interest of justice. b. Issue a Writ of Certiorari quashing the order dated 5-7-2019 in M.A.No.5002/2017 passed by the Ist Additional District Judge Karwar sitting at Sirsi, Itinery Court at Yellapur sitting at Yellapur marked at Annexure-B in the interest of justice. c. Issue such other writ or direction as this Hon’ble Court deems fit to serve the ends of justice and equity.” 2. Sri.A.P.Hegde Janmane, learned counsel appearing for the petitioners submits that the petitioners filed a suit for relief of declaration that the petitioners are the absolute owners and in possession of the suit schedule property. It is submitted that the suit property consists of 5 acres 33 guntas which includes 1 acre of ‘A’ pot kharab land. It is further submitted that along with the plaint, an application is filed seeking relief of temporary injunction on the ground that the defendants-revenue - 4 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 authorities and the private defendant are disturbing the possession with regard to the possession over the suit schedule property claiming that 1 acre of land is a ‘B’ kharab land. The trial Court without appreciating the revenue records rejected the application and the same has been confirmed by the Appellate Court under the impugned order. It is submitted that this Court granted interim protection in the present proceedings and the same is in force from 2019 and now the suit is pending for adjudication. Hence, he seeks to continue the interim protection granted by this Court till the disposal of the suit by allowing the writ petition. 3. Per contra, Sri.Keshav Reddy, the learned Additional Advocate General appearing for respondent Nos.1 to 4 vehemently opposed the writ petition and submits that both the Courts have concurrently held against the petitioners with regard to the nature of land. It is submitted that this Court in exercising power under Article 227 should not entertain the writ petition against the concurrent findings of the Court on the facts based on the documentary evidence. It is further submitted that the 1 acre of land is a ‘B’ kharab land which belongs to the - 5 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 government. Hence, the authorities have every right over the said land. Considering this, the impugned orders have been passed. Hence, he seeks to dismiss the writ petition. 4. I have heard the arguments of the learned counsel for the petitioners, the learned Additional Advocate General for the respondents and meticulously perused the material available on record. I have given my anxious consideration to the submissions advanced on both sides. 5. The petitioners filed OS.No.48/2015, the same is pending on the file of the Senior Civil Judge, Yellapur. In the said suit, an application under Order XXXIX Rules 1 and 2 r/w Section 151 of CPC was filed seeking temporary injunction against Respondent Nos.1 to 4, Government officials and respondent No.5. The trial Court rejected the said application vide order dated 07.02.2017 which was assailed in Miscellaneous Appeal No.5002/2017. The First Appellate Court vide order dated 05.07.2019 confirmed the order of the trial Court by dismissing the application. The contention of the petitioners is that they are the owners of 5 acres 33 guntas of the land and out of the said extent 1 acre of the land is ‘A’ pot kharab land and they are - 6 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 seeking declaration to that effect. The issue with regard to the nature of land as to whether the same is ‘A’ pot kharab or ‘B’ pot kharab land is required to be adjudicated by the trial Court in the full-fledged trial. I am of the considered view that recording any finding by this Court would prejudice the trial Court in deciding the relief sought in the suit. This Court has also taken note of the fact that on 19.11.2019, this Court granted interim protection directing the parties to maintain status quo in respect to the property in dispute till the next date of hearing and the said interim order is in force. Taking note of the same, I am of the considered view that the interest of justice would be met if the interim order granted by this Court is made absolute till the disposal of the suit. It is made clear that this Court has not adjudicated the issue with regard to the nature of property, as to whether the property measuring 1 acre is ‘A’ pot kharab or ‘B’ pot kharab and all contentions with regard to the same are kept open to adjudicate in the pending suit. Hence, I proceed to pass the following: ORDER The writ petition is disposed of by directing the parties to maintain status quo - 7 - HC-KAR NC: 2025:KHC-D:11802 WP No. 113000 of 2019 with regard to the possession over the suit schedule property till the disposal of the suit. No orders as to costs. Sd/- (VIJAYKUMAR A.PATIL) JUDGE ABK /CT-AN List No.: 1 Sl No.: 3