- 1 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 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. 106437 OF 2018 (KLR-RR/SUR) C/W WRIT PETITION NO. 105366 OF 2018 IN WP NO.106437/2018 BETWEEN: 1. BASALINGAPPA MALLAPPA HALYAL, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: JAMKHANDI, DIST: BAGALKOT. 2. SUBHASH S/O. MALLAPPA HALYAL, AGE: 58 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TQ: JAMKHANDI, DIST: BAGALKOT. 3. SADASHIV S/O. MALLAPPA HALYAL, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: JAMKHANDI, DIST: BAGALKOT. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 4. SIDRAMAPPA S/O. GIRAMALLAPPA HANDIGUND, AGE: 64 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: JAMKHANDI, DIST: BAGALKOT. 5. AYUBKHAN S/O. SHIRAJSAB HORATTI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TQ: JAMKHANDI, DIST: BAGALKOT. 6. GANGAPPA S/O. KALLAPPA HALEMANI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TQ: JAMKHANDI, DIST: BAGALKOT. 7. SADASHIV S/O. RAMAPPA HALINGALI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: JAMKHANDI, DIST: BAGALKOT. 8. NINGAPPA S/O. BALAPPA KUMBAR, AGE: 38 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TQ: JAMKHANDI, DIST: BAGALKOT. - 3 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 9. ISAK S/O. HATELSAB PATTE, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: HOSUR, TQ: JAMKHANDI, DIST: BAGALKOT. …PETITIONERS (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 01. 2. THE ASSISTANT COMMISSIONER, JAMKHANDI, TALUK: JAMKHANDI. 3. THE SPECIAL TAHASILDAR, TERADAL, TALUK: RABAKAVI - BANAHATTI, DIST: BAGALKOT. 4. THE REVENUE INSPECTOR, TERADAL, TALUK: RABAKAVI - BANAHATTI, DIST: BAGALKOT. 5. SRI. DEVAPPA S/O. LAKKAPPA TALAWAR, AGE: 56, AGRICULTURE, R/O: RAMPUR, TALUK: RABAKAVI - BANAHATTI, DIST: BAGALKOT. 6. SRI. YAMANAPPA S/O. HUCHAPPA TALAWAR, AGE: 59, AGRICULTURE, R/O: HOSUR, TALUK: RABAKAVI - BANAHATTI, DIST: BAGALKOT. - 4 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 7. SRI. LAXMAN S/O. HUCHAPPA TALAWAR, AGE: 49, AGRICULTURE, R/O: HOSUR, NOW AT RAMPUR, TALUK: RABAKAVI - BANAHATTI, DIST: BAGALKOT. …RESPONDENTS (BY SRI. MRUTYUNJYA TATA BANGI, ADVOCATE FOR R6 & R7; R5- HELD SUFFICIENT (VIDE ORDER DATED 10.03.2025) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 02.08.2018 IN NO.RTS/AP/119/2017 PASSED BY THE 2ND RESPONDENT AT ANNEXURE-Q, INSOFAR AS IT IS RELATES TO PETITIONERS NO.1 TO 9 LANDS. IN W.P NO. 105366 OF 2018 BETWEEN: 1. SRI. KALLAPPA S/O. GANGAPPA HEGGALAGI, AGE: 75 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 2. SMT.TIPPAVVA W/O. CHENDRASHEKHAR HEGGALAGI, AGE: 55 YEARS, OCC: HOUSEHOLD WORK, R/O: BANAHATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 3. GANGAPPA, S/O. CHANDRASHEKHAR HEGGALAGI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. - 5 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 4. SURESH, S/O. CHANDRASHEKHAR HEGGALAGI, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: BANAHATTI, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. …PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR P3 & R4; VIDE ORDER DATED 26.03.2025 PETITION AGAINST P1 & P2 IS DISMISSED AS ABATTED) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-1. 2. THE ASSISTANT COMMISSIONER JAMKHANDI, TALUK: JAMKHANDI, DIST: BAGALKOT. 3. THE SPECIAL TAHASILDAR TERDAL, TALUK: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 4. THE REVENUE INSPECTOR TERDAL, TALUK: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 5. SRI.DEVAPPA S/O. LAKKAPPA TALAWAR, AGE: OCC: AGRICULTURE R/O: RAMPUR, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. - 6 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 6. SRI.YAMANAPPA S/O. HUCHAPPA TALAWAR, AGE: OCC: AGRICULTURE, R/O: HOSUR, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 7. SRI.LAXMAN S/O. HUCHAPPA TALAWAR, AGE: OCC: AGRICULTURE, R/O: HOSUR, NOW AT RAMPUR, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. 8. SRI.RAVINDRA KARILINGANAVAR AGE: ABOUT 50 YEARS, OCC: ASSISTANT COMMISSIONER, JAMKHANDI, AT: JAMKHANDI, DIST: BAGALKOT. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4; SRI. MRUTYUNJYA TATA BANGI, ADVOCATE FOR R6 & R7; R8-SERVED; R5- HELD SUFFICIENT (VIDE ORDER DATED 10.03.2025) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: 1. ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 02.08.2018 IN NO.RTS/AP/119/2017 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-G SO FAR AS IT RELATES TO THE PETITIONERS LANDS BEARING SURVEY NO.135/1D MEASURING 6 ACRES, 136/1/1E MEASURING 2 ACRES 2 GUNTAS, 136/1/1G MEASURING 2 ACRES 8 GUNTAS SITUATED AT HOSUR VILLAGE, ARE CONCERNED. 2. TO DIRECT THE 8TH RESPONDENT TO PAY THE COSTS TO THE PETITONERS. - 7 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 THESE PETITIONS 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 1. The petitioners in these petitions have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 02.08.2018 passed by the Assistant Commissioner – respondent No.2, produced as per Annexure-Q in W.P.No.106437/2018 and as per Annexure-G in W.P.No.105366/2018, 2. Heard Sri. Jagadish Patil, learned counsel for the petitioners in W.P.No.106437/2018, Sri. Shivaraj P. Mudhol, learned counsel for the petitioners in W.P.No.105366/2018, Sri. T. Hanumareddy, learned AGA for respondent Nos.1 to 4 and Sri.Mrutyunjay Tata Bangi, learned counsel for respondent Nos.6 and 7 in both the matters. Perused the materials on record. - 8 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 3. It is the contention of the petitioners that, they have purchased the land in question under two registered sale deeds dated 26.04.1989 and 21.12.1994, respectively. On the basis of the registered sale deeds, their names came to be entered in the revenue records. In the meantime, few members of the joint family filed the suit in O.S.No.84 of 1983, seeking partition and separate possession of all the family properties, including the properties sold in favour of the petitioners. The said suit was decreed and the decree has reached finality. On the basis of the preliminary decree, Respondent No.5 - Devappa Lakkappa Talawar, gave a waradi to the Tahsildar to enter his name in the record of rights, by deleting the name of the petitioners. Even though the Tahsildar rejected the said claim, the Assistant Commissioner, by passing the impugned orders, permitted entering the name of Respondent No.5 in the revenue records, by deleting the names of the petitioners. Being - 9 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 aggrieved by the same, the petitioners are before this Court. 4. It is contended by the petitioners that, the name of Respondent No.5 could not have been entered in the revenue records and the names of the petitioners could not have been deleted based on the preliminary decree, when the final decree proceedings in FDP No.5 of 2016 is pending consideration. 5. Learned counsel for the Petitioners has drawn the attention of the Court to the order dated 06.07.2023, passed in W.P.No.100661/2021 connected with W.P.No.100306/2021, passed by the Coordinate Bench of this Court, whereunder the very same impugned order dated 02.08.2018, passed by Respondent No.2 - Assistant Commissioner, was set aside and it is ordered that the parties to the writ petition are bound by the orders that may be passed by the Final Decree Court in FDP No.5/2016. Learned - 10 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 AGA and learned counsel for private respondents do not dispute these facts. 6. In view of the above, I am satisfied that the impugned order passed by the Assistant Commissioner is on the basis of the preliminary decree, when it has not yet reached finality, as the final decree proceedings in FDP No.5 of 2016 is still pending consideration. Under such circumstances, the names of the petitioners in the revenue records cannot be deleted and hence the impugned order is liable to be quashed. Accordingly, I proceed to pass the following: ORDER i. Writ petitions are allowed. ii. Impugned order dated 02.08.2018 passed by the respondent No.2, produced as per Annexure – Q and Annexure-G respectively in both the petitions, is quashed. - 11 - NC: 2025:KHC-D:5567 WP No. 106437 of 2018 C/W WP No. 105366 of 2018 iii. The entries in the revenue records in respect of the subject property shall be restored in the names of the petitioners, as it stood prior to the passing of the impugned order. iv. The parties to the writ petitions are bound by the order to be passed in FDP No.5 of 2016, which is pending consideration and the entries in the revenue records shall be subject to the result of the FDP. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 1 Sl No.: 15