- 1 - HC-KAR NC: 2025:KHC-D:14415 WP No. 107303 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107303 OF 2025 (KLR-RR/SUR) BETWEEN: 1. LINGAVVA W/O BASAVARAJ DESAI, SINCE DECEASED BY HER LR’S., AYYAPPA S/O BASAVARAJ DESAI, AGED ABOUT 80 YEARS, OCC. AGRICULTURE, R/O. HANGARAKI, TQ. AND DIST. DHARWAD-580 011. 2. BASAPPA S/O GURAPPA KOMAR @ KUSAPPANAVAR, AGED ABOUT 60 YEARS, OCC. AGRICULTURE, R/O. MUMMIGATTI, TQ. AND DIST. DHARWAD-580 011. … PETITIONERS (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. 2. 3. 4. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, DR. B.R. AMBEDKAR VIDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. THE ASSISTANT COMMISSIONER DHARWAD, SUB-DIV-DHARWAD-580 001. THE TAHSILDAR, DHARWAD-580 001. DADAPEER S/O PEERSAB MALAGI, AGED ABOUT 48 YEARS, R/O. SHINGANAHALLI, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14415 WP No. 107303 of 2025 5. 6. 7. 8. 9. 10. 11. TQ. AND DIST. DHARWAD-580 011. ALLHABAKSH S/O PEERSAB MALAGI, AGED ABOUT 44 YEARS, R/O. SHINGANAHALLI, TQ. AND DIST. DHARWAD-580 011. MUKTUMSAB S/O PEERSAB MALAGI, AGED ABOUT 39 YEARS, R/O. SHINGANAHALLI, TQ. AND DIST. DHARWAD-580 011. AKBARSAB S/O PEERSAB MALAGI, AGED ABOUT 35 YEARS, R/O. SHINGANAHALLI, TQ. AND DIST. DHARWAD-580 011. SADDAMHUSEN S/O PEERSAB MALAGI, AGED ABOUT 33 YEARS, R/O. SHINGANAHALLI, TQ. AND DIST. DHARWAD-580 011. HASSANSA S/O PEERSAB MALAGI, SINCE DECEASED BY HIS LR’S., JAITUNINABI W/O HASANSAB MALAGI, AGE: MAJOR, HOUSEHOLD, R/O. THRIHALADEVAR ONI, SAUNDATTI, BELAGAVI DISTRICT-591 126. BIBIJAN W/O NAHIRO SYAD, AGE: MAJOR, HOUSEHOLD, R/O. GAUTHANA ONI, SAMPGAOV, TQ: BAILHONGAL, BELAGAVI DISTRICT-591 102. BABAJAN S/O HASANSAB MALAGI, AGE: MAJOR, HOUSEHOLD, R/O. THRIHALADEVAR ONI, SAUNDATTI, BELAGAVI DISTRICT-591 126. - 3 - HC-KAR NC: 2025:KHC-D:14415 WP No. 107303 of 2025 12. 13. 14. 15. 16. 17. NASIMA W/O SHIRAJ BAVAKHAN, AGE: MAJOR, OCC: HOUSEHOLD, R/O. USUKINA ONI, SHINGANAHALLI, TQ: AND DIST. DHARWAD-580 011. SHARIFF HASANSAB MALAGI, AGE: MAJOR, R/O. MULLAGALLI, KITTUR, BELAGAVI DISTRICT-591 115. CHANDABI W/O KALISAB HUNASHIKATTI, AGE: MAJOR, HOUSEHOLD, R/O. KAMBARGANAVI, TQ: ALNAVAR, DHARWAD DISTRICT-581 103. MOULASAB S/O PEERSAB MALAGI, AGED ABOUT 75 YEARS, R/O. USUKINA ONI, SHINGANAHALLI, TQ. AND DIST. DHARWAD-580 011. IMAMSAB S/O PEERSAB MALAGI, AGED ABOUT 73 YEARS, R/O. USUKINA ONI, SHINGANAHALLI, TQ. AND DIST. DHARWAD-580 011. ASHABI W/O KAREEMSAB DODDMANI, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD, R/O. JANATA PLOT, KYARAKOPPA, TQ: AND DIST. DHARWAD-580 003. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 05.08.2025, PASSED BY THE ASSISTANT COMMISSIONER, DHARWAD SUB-DIVISION DHARWAD, IN NO. R.A. 55/2025 ORDERED TO ENTER THE NAME OF GOVERNMENT IN COLUMN NO.9 OF RTC VIDE ANNEXURE-H IN RESPECT OF LAND SY.NO.17/6, MEASURING 21 ACRES 31 GUNTAS SITUATED AT HOSWAL VILLAGE IN DHARWAD TALUK - 4 - HC-KAR NC: 2025:KHC-D:14415 WP No. 107303 of 2025 OF DHARWAD DISTRICT BY ALLOWING THE WRIT PETITION IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the order dated 05.08.2025 passed in R.A/55/2025 by the Assistant Commissioner, Dharwad Sub-division, Dharwad, in exercise of power under Section 136(2) of the Karnataka Land Revenue Act, 19641. 2. The registry has raised objections relating to the maintainability of the writ petition in view of the alternative remedy of Revision Petition before the Deputy Commissioner. 3. Learned counsel for the petitioners would submit that the petitioner has already filed revision petition challenging the order setting aside the mutation entry. The petitioners are aggrieved by the last sentence in the said order, which directs 1 Hereinafter referred to as the ‘Act of 1964’ - 5 - HC-KAR NC: 2025:KHC-D:14415 WP No. 107303 of 2025 the name of the Government to be entered in column No.9 of revenue records. 4. This Court is of the view that the even the last sentence in the said order is also amenable to the jurisdiction of the Deputy Commissioner under Section 136(3) of the Act of 1964. 5. Thus, the official objection is sustained. 6. Accordingly, the writ petition is dismissed. 7. The Deputy Commissioner shall consider the Revision Petition on its merit, not being influenced by dismissal of the present writ petition. 8. The Revision Petition shall be disposed of within an outer limit of four months from today. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 7