- 1 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 60866 OF 2011 (KLR-RR/SUR) BETWEEN: 1. SHRI. MOHAMMADALI ABDULKARIM MUJAWAR, SINCE DECEASED BY HIS LR’s., 1(A). SMT. JANNATBI W/O. MOHAMMADALI MUJAWAR AGE: 67 YEARS, OCC: HOUSEHOLD WORK, R/O. H. NO. 4180/B, CCB NO. 23, CHANDU GALLI, BELAGAVI. 1(B). SMT. SHAMSHAD W/O. ABDULKAYYUM MISHRAKATTI AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O. FORT ROAD, BELAGAVI. 1(C). SMT. PARVEEN W/O. AMJADKHAN PATHAN D/O. MOHAMMADALI MUJAWAR, AGE: 45 YEARS, OCC: HOUSEHOLD WORK, R/O. VEERBHADRANAGAR, BELAGAVI. 1(D). SMT. REHANA W/O. MOHD YUNUS NAIK D/O. MOHAMMADALI MUJAWAR, AGE: 43 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANDU GALLI, BELAGAVI. 1(E). SRI. AFZAL ALI S/O. MOHAMMADALI MUJAWAR AGE: 42 YEARS, OCC: BUSINESS, R/O. H. NO. 4180/B, CCB NO. 23, CHANDU GALLI, BELAGAVI. 1(F). SMT. MUBARAK W/O. ISSAKHAN PATHAN D/O. MOHAMMADALI MUJAWAR, AGE: 39 YEARS, OCC: BUSINESS, R/O. H. NO. 4180/B, CCB NO. 23, CHANDU GALLI, BELAGAVI. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:34:49 +0530 - 2 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 1(G). SRI. MOHAMMEDYUSUF S/O. MOHAMMADALI MUJAWAR, AGE: 39 YEARS, OCC: BUSINESS, R/O. H. NO. 4180/B, CCB NO. 23, CHANDU GALLI, BELAGAVI. 1(H). SMT. YASMIN BANO W/O. ASMODDIN BUKHARI D/O. MOHAMMADALI MUJAWAR, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANDU GALLI, BELAGAVI. …PETITIONERS (BY SRI. RAJENDRA R.PATIL, ADVOCATE FOR SRI. SRINAND A. PACHHAPURE, ADVOCATE) AND: 1. SMT. DILSHAND MEHABOOBSAB MUJAWAR AGE: MAJOR, OCC: HOUSEHOLD, R/O. H. NO.174, LAXMI GALLI, MAJAGAON, TQ. AND DIST. BELAGAVI. 2. SRI. SHIKANDAR MEHABOOBSAB MUJAWAR AGE: MAJOR, R/O. H. NO.174, LAXMI GALLI, MAJAGAON, TQ. AND DIST. BELAGAVI. 3. SMT. BANOOBI MOHAMMADGOUSE MUJAWAR, AGE: MAJOR, OCC: HOUSEHOLD, R/O. JANATA PLOT, PEERANWADI, TQ. AND DIST. BELAGAVI. 4. MISS. MEHABOOBI MAHAMADGOUSE MUJAWAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. JANATA PLOT, PEERANWADI, TQ. AND DIST. BELAGAVI. 5. SRI. SAYYAD HUSAIN MAHAMMADGOUSE MUJAWAR AGE: MAJOR, R/O. JANATA PLOT, PEERANWADI, TQ. AND DIST. BELAGAVI. 6. MAHAMMADGOUS ABDULKARIM MUJAWAR SINCE DECEASED BY HIS LR’s., 6(A). SMT. FIROJABI W/O. MOHAMMADGOUS MUJAWAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. H.NO.512, PEERANWADI NAKA, - 3 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 KHANAPUR ROAD, PEERANWADI, BELAGAVI. 6(B). SRI. FAZAL ALI S/O. MOHAMMADGOUS MUJAWAR AGE: MAJOR, OCC: PRIVATE JOB, R/O. H.NO.512, PEERANWADI NAKA, KHANAPUR ROAD, PEERANWADI, BELAGAVI. 6(C). MISS. SHAHEEN D/O. MOHAMMADGOUS MUJAWAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. H.NO.512, PEERANWADI NAKA, KHANAPUR ROAD, PEERANWADI, BELAGAVI. 6(D). MISS. HEENA KOUSAR D/O. MOHAMMADGOUS MUJAWAR, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. H.NO.512, PEERANWADI NAKA, KHANAPUR ROAD, PEERANWADI, BELAGAVI. 6(E). SRI. ABDULKARIM S/O. MOHAMMADGOUS MUJAWAR AGE: MAJOR, OCC: PRIVATE JOB, R/O. H.NO.512, PEERANWADI NAKA, KHANAPUR ROAD, PEERANWADI, BELAGAVI. 6(F). MISS. MEENAZ D/O. MOHAMMADGOUS MUJAWAR AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. H.NO.512, PEERANWADI NAKA, KHANAPUR ROAD, PEERANWADI, BELAGAVI. 7. SRI. BABULAL SADRUDDIN MUJAWAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. MUJAWAR GALLI, PEERANWADI, TQ. AND DIST. BELGAUM. 8. SHRI. MATA CO-OP CREDIT SOCIETY LTD., RAMLINGH KHIND GALLI, BELAGAVI, DIST. BELAGAVI. 9. THE DEPUTY COMMISSIONER BELAGAVI. 10. THE ASSISTANT COMMISSIONER, BELAGAVI. …RESPONDENTS (BY SRI. V.K.PATIL, AND SRI. S.P.PATIL, ADVOCATE FOR R1 TO R5, R7; SRI. S.V.DESHPANDE, ADVOCATE FOR R6(A TO F); SRI. M.M.KHANNUR, AGA FOR R9 TO R10; NOTICE TO R8 DISPENSED WITH) - 4 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 09.12.2010 PASSED BY THE DEPUTY COMMISSIONER IN RB/RTA NO.160/2007-08, MARKED AND PRODUCED AT ANNEXURE-'A' AND SUBSEQUENTLY ALLOW THIS WRIT PETITION AND GRANT ANY OTHER RELIEF. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following relief: “Issue a writ of certiorari quashing the order dated 09.12.2010 passed by the deputy commissioner in RB/RTA No.160/2007-08, marked and produced at ANNEXURE:'A' and subsequently allow this writ petition and grant any other relief”. 2. It is stated that the land bearing R.S.No.133/9, measuring 2 guntas 12 annas of Peeranwadi Village, Belagavi District, is owned by five persons, namely, 1)Mujawar Saddrudin Maktumsab, 2) Mujawar Noorahmed Saddrudin, 3) Mujawar Babajan Saddrudin, 4) Mujawar Babalal Saddrudin, 5) Mujawar Mohammadsab Saddrudin, jointly. - 5 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 3. Out of the aforesaid five persons, persons at Sl.No.2, 3 and 4 are stated to have executed an oral gift in favor of the deceased petitioner, now represented by his legal representatives. In furtherance of which, a declaration is filed, signed by the aforesaid persons numbered at Sl.No.2, 3, and 4, in furtherance of which a mutation entry was made in M.E.No.1857/2002-03. 4. The said entry was challenged by the persons named at Sl.No.2, 4 and the legal representatives of the person shown at Sl.No.5 before the Assistant Commissioner, Belagavi, who allowed the appeal and set aside the Mutation Entry vide order dated 13.04.2007, on the ground that, only three joint owners had executed the oral gift without joining the other two joint owners, the gift could not be given effect to and remanded the matter to the Tahsildar for fresh enquiry. - 6 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 5. A challenge being made before the Deputy Commissioner, the Deputy Commissioner, vide order dated 09.12.2010, dismissed the Revision Petition on the ground that the oral gift and declaration does not indicate the details of the property gifted and accepted by the donee, as also on the ground that only three of the owners had gifted the property by way of an affidavit. It is challenging the said order, the petitioner is before this Court. 6. Learned counsel for the petitioner submits that the impugned order passed by the Deputy Commissioner is contrary to the document, namely the declaration. A perusal of the said document would indicate that there is a detailed schedule with boundaries which had been provided, and as such, the Deputy Commissioner could not have come to the conclusion that the details of the properties were not provided. Secondly, he submits that, irrespective of whether there are other co-owners, the gift by three of the co- - 7 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 owners would enure to the benefit of the late petitioner and thereafter to his legal heirs, who have been brought on record, which fact has not been considered either by the Deputy Commissioner or the Assistant Commissioner. 7. Learned AGA would seek to support the order of the Assistant Commissioner and Deputy Commissioner, by contending that the entry cannot be made for the entire property, but could only be made in respect of the property gifted by the three persons aforesaid, and as such, the order passed is proper and correct, and the Tahsildar should hold necessary enquiry in relation thereto. 8. Heard Sri.Rajendra R. Patil, learned counsel for the petitioner and learned AGA for respondents No.9 and 10. Perused the papers. 9. It is not in dispute that the subject property is owned by five persons and only three persons executed the - 8 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 oral gift and a declaration in relation thereto has been filed. Thus, the persons named at Sl.No.1 and 5 above have not executed any gift in favor of the deceased petitioner. As such, their right in the property has not been gifted and the petitioners cannot claim any right in relation thereto. As rightly contended by the learned AGA, petitioners can claim only right as regards the interest of the persons named at Sl.No.2, 3 and 4 above, who have gifted the property and executed a declaration. The petitioner would therefore be only entitled to 3/5th right in the property and the remaining 2/5th right, not having been gifted, continues to remain with the original owners. 10. In that view of the matter, the orders passed by the Assistant Commissioner and the Deputy Commissioner would require modification. As such I pass the following: - 9 - NC: 2025:KHC-D:1259 WP No. 60866 of 2011 ORDER i. The writ petition is partly allowed. ii. The order dated 13.04.2007 passed by the Assistant Commissioner at Annexure-C is modified. iii. The matter is remitted to the Tahsildar for holding an enquiry and causing the entry of the name of the petitioner in respect of 3/5th of the land in old Survey No.133/2, new Survey No.133/9 and retain the name of Sri.Mujawar Sadruddin Maktumsab and Sri.Mujawar Mohammadsab Saddrudin in respect of 2/5th of their 1/5th share respectively. iv. The enquiry shall be conducted and completed within a period of six months from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 41