( 1 ) PETITIONER in this writ petition has sought for issuance of a writ of certiorari quashing the order at annexure-a, dated 18-1-2001 passed in r. a. No. 145 of 2000-01 by the assistant commissioner, kolar sub-division, kolar and further to direct the assistant commissioner to consider the request for grant of interim order and continue the interim order granted earlier in r. a. No. 145 of 2000-01 pending disposal of the appeal urging various facts and legal contentions.

( 2 ) THIS court, vide its order dated 15-3-2001 permitted respondents 3 to 15 who are the residents of kempanahalli village to come on record to justify the impugned order.

( 3 ) IT is the case of the petitioner that he is in possession and enjoyment of the land in sy. No. 34 of kempanahalli village, tekal hobli, malur taluk as an absolute owner and there is a pathway running in the said land which is being used by the public as well as the petitioner as shown in the village map at annexure-b; since, 2nd respondent attempted to form the road in the middle of the land contrary to the village map he filed o. s. No. 143 of 2000 on the file of the learned civil judge (junior division), malur, and