- 1 - HC-KAR NC: 2025:KHC-D:17720 WP No. 102106 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102106 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. SAVITRIBAI W/O. TANAJI HURALI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. HOOLI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591126. 2. SHRI PUNDALIK S/O. TANAJI HURALI, AGE: 46 YEARS, OCC: AGRICULTURE, R/O. HOOLI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591126. 3. SHRI GADIGEPPA @ PRAVEEN S/O. TANAJI HURALI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O. HOOLI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591126. 4. SHRI HANAMANTAPPA S/O. TANAJI HURALI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O. HOOLI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591126. …PETITIONERS (BY SRI. G.R. TURAMARI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17720 WP No. 102106 of 2025 AND: 1. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) SAUNDATTI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591126. 2. SHRI TANAJI S/O. HANAMANTHAPPA HURALI, AGE: 73 YEARS, OCC: AGRICULTURE, R/O. HOOLI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591126. 3. SHRI MALLAPPA S/O. AJJAPPA VAGGAR, AGE: 66 YEARS, OCC: BUSINESS R/O. SINDOGI, TALUKA: SAUNDATTI, DISTRICT: BELAGAVI-591117. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. PUNEET I. BADIGER, ADVOCATE FOR R2; SRI. V.S. TELI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE APPLICATION/OBJECTIONS DATED 10-03-2025, FURNISHED AS PER ANNEXURE-A AND CONSEQUENTLY STOP THE PROCESS OF “TATKAL PHODI (I.E., IMMEDIATE/INSTANT DIVISION) OF THE AGRICULTURAL LAND BEARING SURVEY NO.543/3 MEASURING 3 ACRES-01 GUNTAS, HAVING ASSESSMENT OF 5 RUPEES 15 PAISE, SITUATED AT HOOLI VILLAGE, TALUKA-SAUNDATTI AND DISTRICT BELAGAVI AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17720 WP No. 102106 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioners submits that during the pendency of O.S.No.145/2019 on the file of the Junior Civil Judge, Saundatti, the property is subdivided and one more suit in O.S.No.301/2021 on the file of I Additional Civil Judge, Saundathi is also pending in respect to the same property. 2. Learned Government Advocate accepts notice on behalf of respondent No.3. 3. Since there was no prohibitory order restraining the sub-division of the property, the Court is of the view that challenge to the sub-division on the premise that there cannot be a sub-division during the pendency of the suit cannot be accepted. 4. However, the sub-division shall be subject to the result of the pending suits. It is made clear that by dismissing the petition, the Court has not upheld the correctness of the sub- division. - 4 - HC-KAR NC: 2025:KHC-D:17720 WP No. 102106 of 2025 5. Since this order is passed without notice to the private respondents, the liberty is reserved to the private respondents to file application to recall or modify the order, if aggrieved by the order. 6. Accordingly, petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT-MCK List No.: 1 Sl No.: 69