- 1 - HC-KAR NC: 2025:KHC-D:7246 WP No. 103382 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.103382 OF 2025 (KLR-RES) BETWEEN: SHRI MANIKANT ADOPTED SON OF DEMANAGOUDA PATIL, WRONGLY SHOWN AS MANIKANT S/O ISHWAR MADDIMANI, AGE. 27 YEARS, OCC. AGRICULTURE, R/O. BURANAKI, TQ. KHANAPUR, DIST. BELAGAVI-591106, WRONGLY SHOWN AS GASTOLI TANK, TQ. KHANAPUR, DIST. BELAGAVI-591106. …PETITIONER (BY SRI. RAHUT SANTOSH BALAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER, BELAGAVI, COURT COMPOUND, BELAGAVI-590 001. 3. THE DEPUTY TAHASILDAR, BIDI, TQ. KHANAPUR, DIST. BELAGAVI-591302. 4. SMT. SUJATA W/O DEMANAGOUDA PATIL, AGE. 45 YEARS, OCC. HOUSEHOLD WORK, R/O. GUNDENAHATTI, TQ. KHANAPUR, DIST. BELAGAVI-591106, NOW RESIDING AT MADANBHAVI, TQ. AND DIST. DHARWAD-581105. 5. THE REVENUE INSPECTOR BIDI, TQ. KHANAPUR, DIST. BELAGAVI-591302. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO 3 AND R5) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.29 17:43:37 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7246 WP No. 103382 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY QUASHING THE ENTIRE PROCEEDINGS IN R.A.NO.110/2025 PENDING ON THE FILE OF RESPONDENT NO.2 VIDE ANNEXURE-H, IN THE INTEREST OF JUSTICE AND EQUITY AND THE RESPONDENT NO.2 MAY KINDLY BE DIRECTED TO HEAR THE APPEAL I.E. R.A.NO.110/2025 ONLY AFTER PASSING AN ORDER ON CONDONATION OF DELAY APPLICATION FIRST, TO MEET THE ENDS OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned AGA is directed to accept notice for respondents No.1 to 3 and 5. Since this Court is not inclined to adjudicate the matter on merits, notice to respondent No.4 is dispensed with. The captioned petition is filed assailing the notice issued by respondent No.2-Assistant Commissioner while entertaining an appeal under Section 136(2) of the Karnataka Land Revenue Act filed by respondent No.4. 2. Heard the learned counsel for the petitioner. 3. The petitioner has approached this Court apprehending that respondent No.2–the Assistant - 3 - HC-KAR NC: 2025:KHC-D:7246 WP No. 103382 of 2025 Commissioner is likely to proceed in disregard of the binding judgment of this Court in W.P.No.31056/2008, which upheld the validity of the mutation bearing ME No.2363. Despite having brought this fact to the attention of the Assistant Commissioner, the petitioner contends that respondent No.2 is disinclined to acknowledge or act upon the said judgment. Learned counsel for the petitioner submits that the certified copy of the judgment in W.P. No.31056/2008 has already been placed on record in these proceedings. Furthermore, serious objection is raised regarding the inordinate and unexplained delay of nearly 20 years in filing the appeal by respondent No.4, which is now pending before the Assistant Commissioner in R.A. No.110/2025. 4. On consideration of the submissions advanced by learned counsel for the petitioner, this Court finds some merit in the contention that respondent No.2 is duty-bound to consider and give effect to the judgment rendered by this Court in W.P.No.31056/2008. However, this Court is of the considered view that the petitioner must defend the appeal instituted by respondent No.4 in R.A.No.110/2025 by appropriately placing reliance on the said judgment. It is - 4 - HC-KAR NC: 2025:KHC-D:7246 WP No. 103382 of 2025 expected that respondent No.2–the Assistant Commissioner will give due weight to the judgment of this Court, especially in light of the fact that the order at Annexure-D clearly discloses that, after the demise of respondent No.4's husband, namely, Dyamanagouda, respondent No.4 was brought on record as petitioner No.1 therein. This lends further credence to the finality and binding nature of the mutation entry upheld by this Court. 5. In the above context, this Court reiterates that respondent No.2 – the Assistant Commissioner is under a legal obligation to take cognizance of the judgment passed in W.P. No.31056/2008. Accordingly, the Assistant Commissioner shall be guided by the directions and findings recorded therein while disposing of the pending proceedings in accordance with law. The Assistant Commissioner shall also confine the scope of his inquiry within the parameters contemplated under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. It is made clear that this Court has not expressed any opinion on the merits of the matter, and all rights and contentions of the petitioner and respondent No.4 are left open to be agitated before respondent No.2 in the pending appeal proceedings. - 5 - HC-KAR NC: 2025:KHC-D:7246 WP No. 103382 of 2025 6. The petitioner has expressed a reasonable apprehension that respondent No.2–the Assistant Commissioner may proceed to decide the matter hastily without affording an opportunity to the petitioner to place on record the certified copy of this order. In view of this apprehension, learned counsel for the petitioner has made a request for a direction to the learned Additional Government Advocate (AGA) to immediately communicate the contents of this order to the Assistant Commissioner. Accepting the said request, this Court hereby directs the learned AGA to forthwith communicate telephonically to respondent No.2 – the Assistant Commissioner not to pass any final orders in the pending appeal until the petitioner is able to produce and place on record the certified copy of this order for his consideration. For the forgoing reasons, petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VMB, CT:VP LIST NO.: 1 SL NO.: 13