- 1 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108794 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SHRI. SANKAR S/O. KALAGOUDA ASTEKAR AGE. 40 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. 2. SHRI. MARUTI S/O. KALAGOUDA ASTEKAR DIED REPRESENTED BY HIS LR’s., SMT. MALLAWWA W/O. MARUTI ASTEKAR AGE. 59 YEARS, OCC. HOUSEWIFE, TQ. AND DIST. BELAGAVI-590010. 3. SMT. NEETA W/O. SANJAY PATIL AGE. 41 YEARS, OCC. HOUSEWIFE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. 4. SHRI. NILESH S/O. MARUTI ASTEKAR AGE. 37 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI-590010. 5. SMT. POOJA W/O. SURESH KALLANNAVAR AGE. 35 YEARS, OCC. HOUSEWIFE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI-590010. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 6. SRI. SIDRAI S/O. GANGARAM ASTEKAR AGE. 65 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. 7. SRI. MAHADEV S/O. GANGARAM ASTEKAR SINCE DIED R/BY HIS LR’s., SMT. MANJULA W/O. MAHADEV ASTEKAR AGE. 49 YEARS, OCC. HOUSEWIFE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI-590010. 8. SRI. SANDEEP S/O. MAHADEV ASTEKAR AGE. 28 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI-590010. 9. SRI. KULADEEP S/O. MAHADEV ASTEKAR AGE. 26 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. 10. SMT. PARAVATI W/O. GANGARAM ASTEKAR AGE. 80 YEARS, OCC. HOUSEWIFE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. 11. SRI. PARASHARAM S/O. GANGARAM ASTEKAR AGE. 53 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI-590010. 12. SMT. LAXMI W/O. PEERAJI PATIL AGE. 85 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 13. SMT. KALLUBAI W/O. BHARMA ASTEKAR AGE. 73 YEARS, OCC. AGRICULTURE, R/O. KANGRALI B.K, TQ. AND DIST. BELAGAVI. …PETITIONERS (BY SRI. SONU SUHEL N., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-01. 2. THE CHIEF SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-01. 3. THE DEPUTY COMMISSIONER BELAGAVI DIST. BELAGAVI-590001. 4. THE ASSISTANT COMMISSIONER BELAGAVI DIVISION, BELAGAVI-590001. 5. THE TAHASHILDAR BELAGAVI DIST. BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDERED THE REPRESENTATION AT ANNEXURE-B-B3 26/8/2024 AND 25/9/2025 IN TERMS OF ORDER PASSED BY THIS HON’BLE COURT IN WP NO.146150/2020 VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) It is noticed that the writ petition is filed seeking writ of mandamus to consider the representation dated 26.08.2024, which is pursuant to the order dated 15.02.2024 passed in W.P.No.146150 of 2020. 2. Though the representation is dated 26.08.2024, same was not considered and petitioners are made to approach this Court on 10.11.2025. 3. The Court sought explanation from the respondents as to why the cost of ₹15,000/- each should not be imposed on the Deputy Commissioner, Assistant Commissioner and the Tahsildar. 4. The affidavits have been filed in response to the said direction. 5. The Court is not convinced with the explanation offered. - 5 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 6. Respondents are now contending that writ appeal was filed against the said order in Writ Appeal No.146150 of 2020. 7. It is noticed that the writ appeal is filed on 03.06.2025. The representation was submitted on 26.08.2024. 8. Under these circumstances, explanation offered by the respondents-Deputy Commissioner, Assistant Commissioner and Tahsildar is unacceptable. 9. The respondents-Deputy Commissioner, Assistant Commissioner and Tahsildar have to pay the cost of ₹15,000/- each to the petitioners. 10. Despite the order dated 09.12.2025, the cost is not paid. 11. Registry to issue recovery certificate to the petitioners and petitioners are at liberty to file the execution petition on receipt of such recovery notice. 12. The costs of the execution petition shall also be on the respondents-Deputy Commissioner, Assistant Commissioner - 6 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 and Tahsildar and once the recovery certificate is put into execution, the jurisdictional Court shall attach the salary of the Deputy Commissioner, Assistant Commissioner and Tahsildar to recover the costs. 13. The respondents shall also hand over the possession of the property within 30 days from today in terms of the order dated 15.02.2024 in W.P.No.146150 of 2020. 14. The pendency of the writ appeal is not a ground to the delay delivery possession. In case, the State succeeds in the writ appeal, then there is always a provision for restitution. 15. However, in the meantime, if there is an interim order of stay by the Division Bench in the appeal which order in W.P.No.146150 of 2020 is questioned, the order relating to delivery of possession cannot be given effect to. However, the order relating to payment of costs can be executed further as long as said order is not called in question. 16. It is also noticed that on 17.10.2025, the Deputy Commissioner, Belagavi has issued directions to take appropriate action. - 7 - HC-KAR NC: 2025:KHC-D:18643 WP No. 108794 of 2025 17. The order dated 15.02.2024 should be given effect to at the earliest. 18. With the above observations, writ petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:VH List No.: 3 Sl No.: 3