- 1 - HC-KAR NC: 2025:KHC-D:18327 WP No. 109766 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109766 OF 2025 (KLR-RES) BETWEEN: 1. GADDI BHARAMAPPA S/O. LATE GADDI DODDA SIDDAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST. 2. GADDI UMMAPPA S/O. UMESH GADDI BHARAMAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, ALL ARE R/O. BYALALU VILLAGE, TQ: HAGARIBOMMANAHALLI, DIST: HOSAPETE-583212. …PETITIONERS (BY SRI. B.C.JNANAYYASWAMI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGARA-583201. 2. ASSISTANT COMMISSIONER HOSAPETE-583201. 3. THE TASILDHAR TASILDHAR OFFICE, HAGARIBOMMANAHALLI-583212. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:21 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18327 WP No. 109766 of 2025 4. GADDI MAHESHWARAPPA S/O. LATE GADDI DEVAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O. BYALALU VILLAGE, TQ: HAGARIBOMMANAHALLI, DIST: HOSAPETE-583212. 5. GADDI NINGAMMA W/O. LATE GADDI DEVAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O. BYALALU VILLAGE, TQ: HAGARIBOMMANAHALLI, DIST: HOSAPETE-583212. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE IN THE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.1 AUTHORITY IN SUM:CUM:APPEAL/101/2023-24 DATED 18/04/ 2024 AND ORDER DATED 06/07/2023 PASSED BY RESPONDENT NO.2 BEARING NO. A.VLE.SUM.CUM.PHANI/ APPEAL/10/2022-23 VIDE ANNEXURES-E AND C RESPECTIVELY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18327 WP No. 109766 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. Learned Additional Government Advocate accepts notice on behalf of respondents No.1 to 3. 3. This petition is filed assailing the order dated 06.07.2023 passed by the Assistant Commissioner and the order dated 18.04.2024 passed by the Deputy Commissioner. 4. The dispute is relating to the title over the property. 5. Learned counsel for the petitioners submits that the petitioners had filed a suit in O.S.No.86/2017 before the Civil Judge, Hagaribommanahalli and same is dismissed for non- prosecution and they did not prosecute the said suit as the dispute was pending before the Assistant Commissioner and the Deputy Commissioner. 6. After considering the contentions raised, the Court is of the view that the rights of the parties to the proceeding have to be adjudicated by the competent Civil Court as this case - 4 - HC-KAR NC: 2025:KHC-D:18327 WP No. 109766 of 2025 involves the interpretation of the partition deed and the settlement deed said to have been executed. 7. Under these circumstances, the following: ORDER i. Writ petition is disposed of. ii. Liberty is reserved to the petitioners to file a suit to establish their title and property. iii. Merely because this Court has not entertained the petition, it should not be construed that this Court has upheld the order of the Tahsildar or the Assistant Commissioner. iv. All contentions of the parties kept open and has to be adjudicated by the competent Civil Court on considering the evidence placed on record. v. Since these observations are made without notice to respondents No.4 and 5, respondents No.4 and 5 are at liberty to file the application for modification or clarification of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 1 Sl No.: 23