- 1 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 66719 OF 2012 (KLR-RR/SUR) BETWEEN: SRI.BANDRALAPPA S/O. BUDDA RAMANNA SINCE DECEASED BY HIS LRS 1. SMT. BASAMMA W/O LATE BANDRALAPPA AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O. YELUBENCHI, TQ and DIST: BELLARI. 2. SRI. TIPPAYYA S/O. LATE BANDRALAPPA, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. YELUBENCHI, TQ and DIST: BELLARI. 3. SRI. RUDRAPPA S/O. LATE BANDRALAPPA SINCE DECEASED BY HIS LRS. 3A SMT. MAREMMA W/O. RUDRAPPA AGE: 47 YEARS, OCC: HOUSEHOLD WORK, R/O. YELUBENCHI, TQ and DIST: BELLARI. 3B SRI. RAMESH S/O. RUDRAPPA, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. YELUBENCHI, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 TQ and DIST: BELLARI. 3C SRI. GANESH S/O. RUDRAPPA AGE: 26 YEARS, OCC: AGRICULTURE, R/O. YELUBENCHI, TQ and DIST: BELLARI. 3D SRI. AMBARESH S/O. RUDRAPPA AGE: 22 YEARS, OCC: AGRICULUTRE, R/O. YELUBENCHI, TQ and DIST: BELLARI. …PETITIONERS (BY SRI. SRINAND A PACHHAPURE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELLARY. 2. THE ASSISTANT COMMISSIONER BELLARY. 3. THE SPECIAL TAHASILDAR KURUGODU, DIST: BELLARI. 4. SMT. VALMIKI MALLAMMA W/O. LATE VALMIKI RAMAIAH SINCE DECEASED BY HER L.R’S AT RESPONDENT NO.9 TO 13 5. SRI. AGASAR MANJUNATH S/O. TUKARAM, AGE: MAJOR, OCC: AGRICULTURE, R/O. YELUBENCHI VILLAGE, TQ and DIST: BELLARI. 6. SRI. AGASAR GOVINDARAJULU S/O. TUKARAM, AGE: MAJOR, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 R/O. YELUBENCHI VILLAGE, TQ and DIST: BELLARI. 7. SRI. AGASAR SHARABAYYA S/O. TUKARAM, AGE: MAJOR, OCC: AGRICULTURE, R/O. YELUBENCHI VILLAGE, TQ and DIST: BELLARI. 8. SRI. AGASAR KRISHNAPPA S/O. TUKARAM, AGE: MAJOR, OCC: AGRICULTURE, R/O. YELUBENCHI VILLAGE, TQ and DIST: BELLARI. 9. SRI. N.MARENNA S/O. VALMIKI RAMAIAH, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: YELUBENCHI VILLAGE, TAL & DIST: BALLARI. 10. SRI. N. RAMAYYA S/O. VALMIKI RAMAIAH, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: YELUBENCHI VILLAGE, TAL & DIST: BALLARI. 11. SRI. N. HANUMANTHA S/O. VALMIKI RAMAIAH, AGE: 45 YEARS, OCC: AGRICULTURE, R/O: YELUBENCHI VILLAGE, TAL & DIST: BALLARI. 12. SRI. N. HONNURAPPA S/O. VALMIKI RAMAIAH, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: YELUBENCHI VILLAGE, TAL & DIST: BALLARI. 13. SRI. N. SHEKARAJ S/O. VALMIKI RAMAIAH, - 4 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 AGE: 35 YEARS, OCC: AGRICULTURE, R/O: YELUBENCHI VILLAGE, TAL & DIST: BALLARI. …RESPONDENTS (BY SRI. RAJENDRA R. PATIL, ADVOCATE FOR SRI. SRINAND A. PACHCHAPURE, ADOVCATE; SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; SRI. J. BASAVARAJ, ADVOCATE AND SRI. RAJASHEKHAR R. GUNJALLI, ADVOCATE FOR R5 & R8; SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV FOR R9-R13; R4, R6 AND R7 -SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI SETTING ASIDE THE ORDERS DATED 25.07.2012 BEARING NO.KAM/APPEAL/74/2008-09 (PÀA/C¦Ã®Ä/ PÀA/C¦Ã®Ä/ PÀA/C¦Ã®Ä/ PÀA/C¦Ã®Ä/74/2008-09) PASSED BY THE 1ST RESPONDENT/DEPUTY COMMISSIONER, BELLARY AND THE ORDER DATED 30.08.2008 BEARING NO.KAM/99/REVENUE APPEAL/2006-07 (PÀA/ PÀA/ PÀA/ PÀA/ 99/¥ÀºÀt C¦Ã®Ä ¥ÀºÀt C¦Ã®Ä ¥ÀºÀt C¦Ã®Ä ¥ÀºÀt C¦Ã®Ä /2006-07) PASSED BY THE 2ND RESPONDENT/ASSISTANT COMMISSIONER, BELLARY, MARKER AT ANNEXURE-A & B RESPECTIVELY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners are seeking issuance of writ in the nature of Certiorari to quash the order dated 25.07.2012 - 5 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 passed by respondent No.1-Deputy Commissioner, Bellary, by confirming the order dated 30.08.2008 passed by the Assistant Commissioner-respondent No.2, produced as per Annexures-A and B respectively. 2. Heard Sri. Rajendra R. Patil, for Sri Srinand A. Pachhapure, learned counsel for the petitioners, Sri. T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3 and Sri J.Basavaraj, for Sri Rajashekhar R. Gunjalli, learned counsel for respondent Nos.5 and 8, Sri Mallikarjunswamy B. Hiremath, learned counsel for respondent Nos.9 to 13. Respondent Nos.4, 6 and 7 though served, they remained unrepresented. Perused the materials on record. 3. It is the contention of the petitioners that, they are the legal representatives of Bandralappa Budda Ramanna, who was the owner of several items of properties comprised in Sy.No.234, totally measuring 14.07 acres, situate at Timmalapura village, Kurugodu, Bellary. It is stated that 7.34 acres of land was owned by the husband - 6 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 of respondent No.4. But the Tahsildar, Kurugodu certified M.E.No.43/2004-05 in the names of respondent Nos.5 to 8 to an extent of 7.37 acres without any basis. Respondent No.4 has challenged the said mutation entry before the Assistant Commissioner. 4. The Assistant Commissioner passed the impugned order as per Annexure-B canceling M.R.No.34/1989-90 dated 15.01.1990 registered in the name of Bandralappa Budda Ramanna that is the father of the petitioners herein. He has also directed to enter the record of rights in the name of Valmiki Mallamma W/o. Valmiki Ramaiah. He confirmed M.No.135/95-96 dated 04.07.1996 passed in favour of respondent Nos.3 to 6 i.e. Valmiki Mallamma, Agasara Manjunatha, Agasara Govindarajulu and Agasara Sharabaiah, proceeded to cancel M.R.No.43/2004-05 dated 15.01.2005 and directed to enter the names of Valmiki Mallamma and 8 others, in respect of various extents of lands in Sy.No.234 as the same being the Inam land to enter the names of the - 7 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 applicants who filed Form No.2 after Inam Abolition Act coming into force. 5. The order of the Assistant Commissioner was challenged before the Deputy Commissioner, Bellary. He confirmed the said order by passing Annexure-A, holding that Sy.No.234 measuring 14.74 acres of Timmalapura Village is an Inam land. After Inam Abolition Act coming into force, the persons who claimed right over the property are required to submit an application in Form No.1(A) to get “Rithwari Patta”, Agasara Manjunath, Agasara Govindarajulu, Agasara Sharabaiah and Agasara Krishnappa have claimed occupancy right and the same was conferred on them as per order dated 15.09.1993. Accordingly, M.No.135/1995-96 was certified after the death of Smt.Thippamma. It is also noticed that the husband of petitioner No.1 herein by name, Bandralappa Budda Ramanna was conferred with “Rithwari Patta” after enquiring his Form No.1(A) and passing the order on 15.11.1996. Accordingly, M.No.84/1996-97 was certified - 8 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 on 31.12.1996. Therefore, it was held that in respect of 2.63 acres of land, no right was conferred after Inam Abolition Act and hence dismissed the appeal. 6. The grievance of the petitioners is that, respondent No.4 had challenged Mutation Entry No.43/2004-05 but the Assistant Commissioner, while confirming the said Mutation Entry set aside M.E.No.34/1989-90 which was not challenged before him. This order of the Assistant Commissioner was challenged before the Deputy Commissioner, who confirmed the order of Assistant Commissioner. Hence, he prays for allowing the petition. 7. After hearing learned counsel for the respondents and on going through the impugned order passed by the Assistant Commissioner as well as the Deputy Commissioner, it is noticed that respondent No.4 contended before the Assistant Commissioner that 7.37 acres of land in Sy.No.234 of Thimmalapura village, Bellary taluk is his ancestral property, and his father - 9 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 Budda Ramanna was in possession and cultivation of the same. After his death, his legal representatives are in occupation and cultivation of the lands. Since there was an oral partition during the lifetime of Budda Ramanna, 7.34 acres of land had fallen to the share of the applicants, and the remaining 7.37 acres had fallen to the share of Valmiki Ramaiah who is the husband of Valmiki Mallamma. However, M.E.No.43/2004-05 was certified without any basis. This contention was considered by the Assistant Commissioner. 8. The Assistant Commissioner also noticed that M.E.No.34/1989-90 came to be certified on 05.01.1990, on the basis of a document said to be dated 08.05.1935 in respect of 7.37 acres in Sy.No.234, after lapse of more than 45 years and sets aside M.E.No.34/1989-90, and also M.E.No.43/2004-05. The said order of Assistant Commissioner was confirmed by the Deputy Commissioner as per Annexure-A. He also made similar observations while passing the impugned order. - 10 - NC: 2025:KHC-D:5572 WP No. 66719 of 2012 9. Even though the petitioners have challenged the impugned order produced as per Annexures-A, and B, where it is categorically stated that there was no basis for certifying M.E.No.34/1989-90, till today, no documents are produced even before this Court to justify such certification. The Assistant Commissioner, in his order has specifically referred to the flow of title, referring to various revenue records. Under such circumstances, I do not find any justification for the petitioners to challenge the impugned orders. 10. The contention of the learned counsel for the petitioners that M.E.No.34 certified during 1989-90 was in existence till date, and the same was set aside during 2008, cannot be the sole ground to sustain such entry, which is prima-facie certified without any basis. Therefore, I am of the opinion that, the petitioners are not entitled for any relief in this petition. Accordingly, it is dismissed. Sd/- (M.G.UMA) JUDGE MKM : CT:ANB: List No.: 2 Sl No.: 7