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2025 DAILYLAW 37996 (KAR)

RUDRAPPA S/O IRAPPA UDAYASI SINCE DEAD BY HIS SON v. THE STATE OF KARNATAKA

WP/103697/2024 · 2025-09-23

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103697 OF 2024 (KLR-RES) BETWEEN: 1. RUDRAPPA S/O IRAPPA UDAYASI SINCE DEAD BY HIS LR’S MARUTI S/O RUDRAPPA UDAYASI AGE. 69 YEARS OCC. AGRICULTURE, R/O HAROBELAVADI VILLAGE, TQ AND DIST. DHARWAD-580 201 2. BHARAMAPPA S/O FAKKIRAPPA BHOVI AGE. 67 YEARS, OCC. AGRICULTURE, R/O HAROBELAVADI VILLAGE, TQ AND DIST. DHARWAD-580 201 3. IRAPPA S/O MALLAPPA BEDASUR AGE. 66 YEARS, OCC. AGRICULTURE R/O HAROBELAVADI VILLAGE TQ AND DIST. DHARWAD-580 201 4. IRAPPA S/O CHANNABASAPPA GANIGER AGE. 67 YEARS, OCC. AGRICULTURE, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 R/O HAROBELAVADI VILLAGE, TQ AND DIST. DHARWAD-580 201 … PETITIONERS (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING DR. AMBEDKAR VEEDI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER DHARWAD-581 110 3. THE ASSISTANT COMMISSIONER DHARWAD – 581 110 4. THE TAHASHILDHAR DHARWAD – 581 110 5. REVENUE INSPECTOR, AMMINABHAVI, TQ. DHARWAD – 580 201 6. THE VILLAGE ACCOUNTANT HAROBELAVADI, TQ. DHARWAD – 580 201 7. SHIVAYOGI S/O SANGAYYA SAMBAYYANAMTH AGE 66 YEARS, OCC. AGRICULTURE R/O HOUSE NO. 508B, RAMADEV GALLI, VADAGAON, BELAGAVI DIST. BELAGAVI – 590 005 8. IRABASAVVA W/O SHARANAYYA HIREMATH AGE 69 YEARS, OCC. HOUSEHOLD WORK, R/O BENDAR VAADI, WARD NO. 2, - 3 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 GANGAVATI, TQ. GANGAVATI, DIST. KOPPAL – 583 227 … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R6; SRI MANJUNATH S. BARADOOR, ADVOCATE FOR R7 & R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY SETTING ASIDE THE ENDORSEMENTISSUED BY THE RESPONDENT NO.4 - TAHASILDAR DATED 17-02-2024 IN FILE NO. RTC(TI) CR 60/22-23 VIDE ANNEXURE-G AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri.Manjunath S.Biradar, counsel is directed to accept notice for respondents No.7 and 8. 2. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ or order or direction in the nature of Certiorari by setting aside the endorsement issued by the Respondent No.4 – Tahasildar dated 17.02.2024 in File No.RTC(TI) CR 60/22-23 vide Annexure-G. b. A writ or order or direction in the nature of mandamus, direction to the Respondent No.4 – The Tahasildar, Dharwad to consider the representation submitted by the Petitioners dated 10.04.2023 vide Annexure-C. - 4 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 c. A writ or order or direction in the nature of mandamus, direction to the Respondent No.4 – The Tahasildar, Dharwad to enter the names of the Petitioners in respect of Agricultural land bearing R.S. No.248 measuring 4 Acres-00 Gunta situated at Harobelavadi Village of Dharwad Taluk and District. d. Any other writ or order or direction which this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity. 3. A memo of compromise petition under Order 23 Rule 3 has been filed which reads as under: MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE, 1908 ON BEHALF OF APPELLANT AND RESPONDENT: Petitioner and Respondent No. 7 & 8 submits as under, 1. It is submitted that Petitioners have filed the above Writ Petition seeking to quash the endorsement dated 17-02-2024 in File No. RTC(TI) CR 60/22-23 vide Annexure-G and also seeking mandamus, direction to the Respondent No. 4 to consider the representation submitted by the Petitioners dated 10-04-2023 vide Annexure-C and also, direction to the Respondent No.4 to enter the names of the Petitioners in respect of Agricultural land bearing R.S. No. 248 measuring 4Acres-00 Gunta situated at Harobelavadi Village of Dharwad Taluk and District. 2. It is submitted that during the pendency of the above petition due to intervention of elders and mediation of the well wishers both the Petitioner and Respondent No. 7 & 8 have amicably settled the above case on the following terms and conditions: i) that the Respondent No.7 & 8 have accept and agree that the Petitioner No. 1's father and Petitioner No. 2 to 4 have purchased land bearing R.S. No. 248 measuring 4A-00G - 5 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 situated at Harobelavadi Village of Dharwad Taluk and District through registered sale deed dated 09-05-1994 from Smt. Parwatevv W/o. Shiddirayya Paradeshimath (l.e. grand mother of Respondent No.7 & 8) eastern portion out of the land bearing R.S. No. 248 totally measuring 11A-34G of the land and further she accept and agree that Petitioners are the owners and in physical possession of the land bearing R.S. No. 248 measuring 4A-00G situated at Harobelavadi Village of Dharwad Taluk and District. ii) That the Respondent No.7 & 8 have agreed that they have no objection to mutate the names of the Petitioners by the Respondent No. 4 & 5 in the RTC in respect of land bearing R.S. No. 248 measuring 4A-00G situated Harobelavadi Village of Dharwad Taluk and District as per the registered sale deed dated 09-05-1994 at iii) That the Respondent No.7 & 8 have agreed that they are not claiming any rights or interest and possession over the land bearing R.S. No. 248 measuring 4A-00G situated at Harobelavadi Village of Dharwad Taluk on their behalf and on behalf of their LR's. 3. It is further submitted that the sald compromise entered between the Petitioners and Respondent No.7 & 8 voluntarily and without any coercion or undue Influence. Therefore It Is respectfully prayed that, this Hon'ble Court may kindly be pleased to allow this Writ Petition as per the compromise entered between them and quash the endorsement dated 17-02-2024 In File No. RTC(TI) CR 60/22-23 vide Annexure-G and consequently direct the Respondent No. 4 1.e. The Tahashildhar, Dharwad to mutate the names of the Petitioners in the RTC in respect of land bearing R.S. No. 248 measuring 4A-00G situated at Harobelavadi Village of Dharwad Taluk and District as per the registered sale deed dated 09-05-1994 in the ends of justice and equity 4. On enquiry with Respondents No. 7 and 8, Respondents No.7 and 8 submit that they have no - 6 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 objection to mutate the name of petitioners by Respondent No.4 and 5 in the RTC in respect of RS No.248 measuring 4 acres 0 guntas situated in Harobelavadi Village, Dharwad Taluk and District. 5. On enquiry, they submit that they have agreed to this of their own free, will and volition and no one has used any undue influence, coercion or duress on Respondent 7 and 8. 6. The compromise being lawful, I accept the compromise and in furtherance thereof, I pass the following: ORDER i) The Writ Petition is allowed. ii) A certiorari is issued. The endorsement dated 17.2.2024 issued by Respondent No.4 at Annexure-G is quashed. - 7 - HC-KAR NC: 2025:KHC-D:13005 WP No. 103697 of 2024 iii) Respondents are directed to consider the representation dated 10.4.2023 submitted by the petitioners at Annexure-C in terms of compromise now recorded by this Court and make necessary entries within a period of 4 weeks from the date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 233