Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3051 WP No. 203682 of 2024
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 13TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO.203682 OF 2024 (KLR-RES) BETWEEN:
SHRI. TAMMANNA S/O GOUDAPPA, AGED: 61 YEARS, OCC: AGRICULTURE, R/O: HALGERA VILLAGE, TQ: WADGERA, DIST: YADGIRI 585 202. …PETITIONER
(BY SRI D.P.AMBEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDI, BANGALORE – 560 001. 2. THE DEPUTY COMMISSIONER, YADGIRI – 585 201. 3. THE ASSISTANT COMMISSIONER, YADGIRI – 585 201. 4. THE TAHSILDAR, WADGERA – 585 355. Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3051 WP No. 203682 of 2024
5. THE HEADMASTER, HIGHER PRIMARY SCHOOL HALAGERA, TQ: WADGERA, DIST: YADGIRI – 585 355. …RESPONDENTS
(BY SRI GOPALKRISHNA B. YADAV, H.C.G.P. FOR R1 TO R4;
R5 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER CERTIFYING MR EXTRACT BEARING MR NO.T33/2024-2025 AND THE SAID MUTATION ENTRY FOR LAND BEARING SY.NO.401 REFLECTING THE NAME OF
“GOVERNMENT HIGHER PRIMARY SCHOOL, HALAGERA” AT ANNEXURE-D PASSED BY THE RESPONDENT NO.3 / ASSISTANT COMMISSIONER HEREIN AND RESTORE THE NAME OF THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Writ petition is filed challenging MR no.T33/2024-25 entering name of Government Higher Primary School, Halagera, in respect of Sy.no.401 passed by respondent no.3-Assistant
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HC-KAR NC: 2025:KHC-K:3051 WP No. 203682 of 2024
Commissioner and seeking for quashing of entry in column no.9 of record of rights at Annexure-E, this writ petition is filed. 2. Sri Basavakiran G.R., learned counsel for petitioner submitted that petitioner was owner of land bearing Sy.no.401 of Halagera village measuring 20 guntas. A school was constructed by respondents/defendants encroaching upon petitioner’s property. Therefore, he filed suit in O.S.no.97/2023 for declaration of his title and for possession. It was submitted that during pendency of suit, respondents had made impugned mutation entries and therefore seeks for quashing. It was submitted, this Court by order dated 17.12.2024, stayed mutation entry. 3.
Heard learned counsel for petitioner and perused writ petition record. 4. Admittedly, suit is filed by plaintiff for declaration of his title over subject matter land and same is pending. Hence, all that is required for this Court would be to hold impugned mutation entry as subject to final outcome of suit and relegate petitioner to avail his remedy in said suit. - 4 -
HC-KAR NC: 2025:KHC-K:3051 WP No. 203682 of 2024
It would be needless to state that revenue authorities would be bound to maintain mutation entries as per judgment and decree passed by Civil Court. With above observations, petition is disposed of. Sd/- (RAVI V HOSMANI) JUDGE
MSR List No.: 2 Sl No.: 40 Ct;VkW