Karnataka High Court
The State Of Karnataka vs Sharad S/O Nagendra Patil on 10 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
-1-
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WA No. 100517 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO.100517 OF 2025 (ULC)
BETWEEN:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE COMPETENT AUTHORITY,
BELAGAVI URBAN AGGLOMERATION,
THE DEPUTY COMMISSIONER, BELAGAVI-590 001.
3. THE THASILDAR,
BELAGAVI-590 001.
...APPELLANTS
(BY SRI. V.S. KALASURMATH, AGA)
AND:
Digitally signed SHARAD S/O NAGENDRA PATIL
by VINAYAKA B
V
Location: High
AGE. 71 YEARS, OCC. SERVICE (RETD),
Court of
Karnataka,
Dharwad Bench
R/O D-2 702 LAKE TOWN CHS,
BIBWEWADI, PUNE-411 037.
...RESPONDENT
(BY SRI. S.B. HEBBALLI, ADVOCATE FOR C/R1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION
NO. WP.NO.100913 OF 2024 (ULC) DATED 20.02.2024 AND FURTHER
DISMISS THE WRIT PETITION IN THE INTEREST OF JUSTICE AND
EQUITY & ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
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WA No. 100517 of 2025
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This writ appeal is filed by the State and others seeking
following reliefs;
"a. Set aside the impugned order passed by the
learned Single Judge in WP No.100913/2024 (ULC)
dated 20.02.2024 and further dismiss the writ
petition in the interest of justice and equity.
b. Grant such other reliefs as this Hon'ble Court
deems fit under the circumstances of the present
case in the interest of justice and equity."
2. Learned AGA appearing for the appellants submits
that the present respondent has filed a writ petition in WP
No.100913/2024 seeking relief of declaration that the entire
proceedings initiated under the provisions of Urban Land
(Ceiling & Regulation) Act, 1976 are abated and consequential
relief of mandamus came to be allowed by the learned Single
Judge under the impugned order. It is further submitted that
one Sri.Balachandrarao Chintamanrao Patwardhan has filed
writ petition in WP No.102637/2023 seeking similar relief
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insofar as the same land and the learned Single Judge allowed
the said writ petition. Being aggrieved, the respondent herein
Sri.Sharad Nagendra Patil has filed writ appeal in WA
No.100375/2023 and the co-ordinate Bench of this Court
allowed the appeal and the remitted the matter back to the
learned Single Judge for re-consideration. He also submits
that in view of the order of the coordinate Bench in the writ
appeal, this appeal is required to be allowed by requesting the
learned Single Judge to consider both the writ petitions
together and dispose of the same.
3. Per contra, learned counsel Sri.S.B.Hebballi
appearing for respondent supports the order of the learned
Single Judge and submits that one Sri.Balachandrarao
Chintamanrao Patwardhan, who has filed another writ petition,
is not the owner of the property and he has not challenged the
earlier orders of the Court, hence, his writ petition itself is not
maintainable.
4. We have heard the arguments of both sides and
perused the materials available on record.
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5. The respondent herein has filed writ petition in WP
No.100913/2024 seeking following reliefs;
"a. Declare by appropriate writ, order or direction,
declaring that the entire proceedings initiated under the
provisions of Urban Land Ceiling Act, 1976, in
No.RB/ULC/D/SR-1136, on the file of the Respondent
No.2, in respect of the land bearing RS No.539/3A of
Angol Village, Tq. and Dist.Belagavi, measuring 01 Acre
16 Guntas, in view of repealing of the said Act, as
abated;
b. Consequently, issue a Writ in the nature of
Mandamus, directing the Respondent No.2 to restore
the name of Petitioner in column Nos.9 and 12 of the
RTC extract of the suit land, namely, RS No.659/3A of
Angol Village, Tq. and Dist.Belagavi, measuring 01 Acre
16 Guntas by deleting the name of the 'State' and
'Chairman, CITB, Belagavi".
6. The learned Single Judge vide order dated
20.02.2024 allowed the writ petition declaring that the writ
proceedings are abated and directed the revenue authorities
to restore the name of respondent herein in the revenue
records. We also noticed that one Sri.Balachandrarao
Chintamanrao Patwardhan has filed writ petition in WP
No.102637/2023 seeking similar relief, which came to be
allowed by the learned Single Judge and the order of the
learned Single Judge was assailed by the respondent herein in
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WA No.100375/2023 and the coordinate Bench of this Court
vide order dated 03.08.2023 passed the following order;
"i. The appeal is hereby allowed.
ii. The impugned order is hereby set aside.
iii. The matter is remitted back to the learned
Single Judge for reconsideration.
iv. The appellant is directed to be
impleaded/arrayed as respondent No.4 in the
writ petition. Liberty is reserved in favour of
the appellant (respondent No.4 to the writ
petition) to file his statement of objections
along with documents.
v. I.A No.5/2023 filed by appellant stands
allowed and the documents produced with the
application are received on record.
vi. Registry is directed to put up the application
I.A No.5 in the writ petition for consideration
by the learned Single Judge.
vii. All rival claims between the appellants and
respondent No.1 as well as the respondents-
State are kept open and no opinion is
expressed on the merits of the case."
7. We have also noticed that the respondent has not
brought to the notice of the learned Single Judge while
disposing of the writ petition vide order dated 20.02.2024 the
order of the coordinate Bench dated 03.08.2023 passed in WA
No.100375/2023. In view of the same, we are of the
considered view that the interest of justice would be met if the
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learned Single Judge is requested to consider both the writ
petitions together and dispose of the same. In view of the
rival contentions urged by the respondent herein and
Sri.Balachandrarao Chintamanrao Patwardhan.
8. Hence, we proceed to pass the following;
ORDER
i. Writ Appeal is allowed.
ii. Order of the learned Single Judge dated
20.02.2024 passed in WP No.100913/2024 is
hereby set aside.
iii. Learned Single Judge is requested to consider
the writ petition filed by the respondent herein
along with the WP No.102637/2023. It is made
clear that this Court has not expressed any
opinion on the merits of the case.
iv. The revenue records as they stand today
shall continue to remain as on this day till the
disposal of the writ petitions. However, the
respondent shall not create any third party
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interest during the pendency of the writ
proceedings.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
PJ, CT:VP
