- 1 - NC: 2024:KHC:48011 WP No. 31233 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 31233 OF 2024 (GM-RES) BETWEEN: B.R. VEERABHADRA S/O RAJU, AGED ABOUT 40 YEARS, R/AT BEDRABELAGULI VILLAGE, CHIKKANERELE POST, HARNEHALLI HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT-571 102 …PETITIONER (BY SRI. SUNIL S. NARAYAN, ADVOCATE) AND: 1. THE EXECUTIVE MAGISTRATE AND THE TAHASILDAR, PERIYAPATNA TALUK, MYSORE DISTRICT-571 107 2. STATE OF KARNATAKA BY BETTADAPURA POLICE STATION, HASSAN DIST - 573 201 REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001 …RESPONDENTS (BY SMT. RASHMI PATIL, HCGP FOR R1 AND R2) Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:48011 WP No. 31233 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH / SET ASIDE THE ORDER DATED. 16/08/2023 PASSED IN THE MAG. C.R. 20/2023-24 BY THE R1 HEREIN I.E. THE EXECUTIVE MAGISTRATE AND THE TAHASILDAR, AT ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. Sunil S. Narayan, appearing for the petitioner, Smt. Rashmi Patil, the learned HCGP appearing for respondent Nos.1 and 2 and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayers: "1. Issue a Writ of certiorari, or any other writ, order or direction of similar nature to quash/set- aside the order dt: 16/08/2023, passed in the MAJ::C.R.20/2023-24, by the Respondent No.1 herein i.e., The Executive Magistrate and The Tahasildar, at ANNEXURE-H. 2. To pass such other order/s, as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. " - 3 - NC: 2024:KHC:48011 WP No. 31233 of 2024 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.2183/2023 disposed on 04.10.2023, wherein it has held as follows: “2. The Taluka Executive Magistrate/Tahsildar, in exercise of power conferred under Section 145 of Cr.P.C. delivered the possession of the subject property in favour of the petitioner. The said order was challenged by the respondents herein before the learned Sessions Court. The learned Sessions Court set aside the order stating that the order passed is without authority of law, since the dispute between the parties is already ceased before the Civil Court in O.S.No.221/2022. 3. The Hon'ble Supreme Court in the case of Mohd. Abid & Ors. -vs- Ravi Naresh & Ors, in Special Leave to Appeal (Crl.) Nos. 5444/2022 disposed of on 1.4.2022, held that once the civil court is ceased of the matter, it goes without saying that the proceedings under Section 145/146 Cr.P.C., cannot proceed and must come to an end. The interse rights of the parties regarding title or possession are eventually to be determined by the Civil Court. 4. Therefore, I do not find any illegality in the impugned order passed by the learned Magistrate. 5. Accordingly, the petition stands disposed of directing the Civil Court to adjudicate the rights of the parties without being influenced by any of the - 4 - NC: 2024:KHC:48011 WP No. 31233 of 2024 observations made in the proceedings under Section 145 Cr.P.C." 4. In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench supra, the petition stands disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 164 CT:SNN