- 1 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105898 OF 2023 (KLR-RES) BETWEEN: SRI. ANAND S/O. JANU DHAMODE AGE: 48 YEARS, OCC: AGRICULTRE, R/O. SHENDUR, TQ: NIPPANI, DIST: BELAGAVI. …PETITIONER (BY SRI. SRINAND A.PACHHAPURE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY, DEPARTMENT OF REVENUE M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE TAHSILDAR CHIKODI, TAL: CHIKODI, DIST: BELAGAVI-591201. 3. THE TAHSILDAR NIPPANI, TAL: NIPPANI, DIST: BELAGAVI-591237. 4. THE GRAM PANCHAYATH SHENDUR, REPRESENTED BY ITS SECRETARY, TAL: NIPPANI, DIST: BELAGAVI-591237. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 5. SHRI. MUNKUND S/O. NARAYAN KULKARNI AGE: 70 YEARS, OCC: AGRICULTURE, R/O. TASAGAVAKAR GALLI, NIPPANI, TAL: NIPPANI, DIST: BELAGAVI-591237. 6. SHRI. PANDURANAG S/O. GANAPATHI TODKAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O. TOSAGAVAKAR GALLI, NIPPANI, TAL: NIPPANI, DIST: BELAGAVI-591237. 7. SHRI. CHANDRAKANTH S/O. BAIRU TODAKAR AGE: 38 YEARS, OCC: AGRICULTURE, R/O. TOSAGAVAKAR GALLI, NIPPANI, TQ: NIPPANI, DIST: BELAGAVI-591237. …RESPONDENTS (BY SMT. MALA B.BHUTE, AGA FOR R1 TO R3; SRI. N.D.GUNDE, ADVOCATE FOR R6 AND R7; SRI. V.SHIVARAJ HIREMATH, ADVOCATE FOR R4; NOTICE TO R5 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER BEARING NO. RK/VIVA- 34/2023-24 (£ÀA. DgïPÉ/«ªÀ-34/2023-24) PASSED BY THE RESPONDENT NO. 2 TAHASILDAR, CHIKODI DATED. 2/08/2023, MARKED AT ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order marked at Annexure-A dated 02.08.2023 passed by the Tahsildar, Chikodi. 2. In terms of the said order, the Tahsildar, Chikodi has directed to delete name of Janu Dattu Dhamaode from M.E.No.1441 of Shendur village of Nippani Taluk. 3. The primary contention is that the Tahsildar at Chikodi does not have the jurisdiction to pass the impugned order, as the property is located within the jurisdiction of Tahsildar of Nippani Taluk. 4. Learned counsel for the respondents would submit that although Nippani was constituted as a separate Taluk in 2019, all the records pertaining to the properties in question remained in the office of the Tahsildar, Chikodi, as Nippani previously under Chikodi jurisdiction. Even though a complaint was filed before the Tahsildar, Nippani, the contesting - 4 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 respondents were referred to Tahsildar, Chikodi, as the records were available in the said office, is the submission. 5. The Court is of the view that the Tahsildar of Nippani Taluk, should have secured the records from the office of the Tahsildar of Chikodi Taluk, before passing the order. On that ground, the order cannot be sustained. 6. However, few facts need to be mentioned here. 7. Pursuant to the impugned order, the petitioner approached this Court, and operation of the order passed by the Tahsildar, marked at Annexure A, was stayed by order dated 25.09.2023. Thereafter, the petitioner executed registered Sale Deeds dated 15.11.2023 in favour of the petitioners in W.P.No.101945/2025 and W.P.No.101949/2025. It is stated that the property which is sold forms part of the property bearing Sy.No.110/1B of Shendur village of Nippani Taluk. 8. Learned counsel for the respondents would submit that the property bearing Sy.No.110/1B of Shendur village of Nippani Taluk originally belonged to Mukund Kulkarni. - 5 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 9. Learned counsel for the petitioner does not dispute this fact. 10. It is also noticed that the property bearing Sy.No.110/1A belongs to Mukund Kulkarni, and occupancy rights in respect of the said property, measuring 02 acres, were granted as per the order passed by the Land Tribunal. The said order has attained finality, and occupancy was granted in favour of Dadhu Parasu Todakar. 11. Both the learned counsel jointly submit that the present dispute is confined only to Sy.No.110/1B of Shendur village of Nippani Taluk, in which residential plots have been formed. 12. To a pointed question put by the Court to the learned counsel for the petitioner as to how the petitioner has acquired right over Sy.No.110/1B. Learned counsel for the petitioner would refer to the order bearing No.LNA/SR-(I)/685 dated 13.07.1972 at Annexure-M. The endorsement at Annexure-M dated 14.08.2019, issued by the Assistant - 6 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 Commissioner, Chikodi, mentions that no such order is available in the records. 13. Learned counsel for the petitioner, at this juncture, is unable to point out as to how the title is conveyed to the petitioner in respect of Sy.No.110/1B measuring 01 acre 29 guntas. 14. Under these circumstances, this Court prima facie expresses doubt as to the title of the petitioner in respect of Sy.No.110/1B of Shendur village of Nippani Taluk. 15. Learned counsel for the respondents is also not able to establish his title over Sy.No.110/1B. 16. It is prima facie noticed that neither the petitioner nor respondents No.6 and 7 could point out to an acceptable document relating to title to the property, i.e., Sy.No.110/1B of Shendur village of Nippani Taluk. The title of the parties, if any, is required to be established before the competent Civil Court. - 7 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 17. Apart from that, since there is a contention that the name of Janu Dattu Dhamaode has been entered in M.E.No.1441 without there being any acquisition of rights in his favour, the complaints/applications filed by respondents No.6 and 7, who claim to be in possession of the property pursuant to an unregistered Sale Deed, are required to be adjudicated by the Tahsildar, Nippani Taluk. 18. In the said proceedings, needless to say, notice shall be issued to Mukund Kulkarni, and if he is not alive, notice shall be issued to the legal representatives of deceased Mukund Kulkarni. 19. It is made clear that till the conclusion of the proceeding before the Tahsildar, Nippani Taluk, the properties in question shall not be alienated. 20. The entries which have been certified by the Panchayat pursuant to a registered Sale Deed registered during the pendency of writ petition have to be recalled, as Mukund Kulkarni was not heard before making such entries in the property records. - 8 - HC-KAR NC: 2025:KHC-D:16580 WP No. 105898 of 2023 21. The name of the petitioner in the property records of the property which was formerly numbered as Sy.No.110/1B as found in Annexures-R9 series shall be deleted till the adjudication is completed by the Tahsildar of Nippani Taluk. 22. With these observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh/List No.: 1 Sl No.: 36