- 1 - NC: 2025:KHC-D:5105 WP No. 101864 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 101864 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. SHANTA W/O. BHARMA @ BHARMANNA MALLANNAVAR @ MALAI, AGE: 66 YEARS, OCC: HOUSEHOLD WORK, R/O: H.NO. 162, PATIL GALLI, CHANDGAD TQ: AND DIST: BELAGAVI 590016. 2. SHRI SOMNATH S/O. BHARMA @ BHARMANNA MALLANNAVAR @ MALAI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. H. NO. 162, PATIL GALLI, CHANDGAD, TQ: AND DIST: BELAGAVI – 590016. 3. SMT. KALPANA W/O AJIT SANTAJI, AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. H. NO.153, MARGAGI GALLI, HALAGA, TQ: AND DIST: BELAGAVI – 590020. 4. SHRI ANAND S/O. BHARMA @ BHARMANNA MALLANNAVAR @ MALAI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. H. NO. 162, PATIL GALLI, CHANDGAD, TQ: AND DIST: BELAGAVI -590016. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5105 WP No. 101864 of 2025 THE PETITIONER NO.1 TO 4 REPRESENTED THROUGH THEIR POWER OF ATTORNEY HOLDER SHRI IMRAN S/O. ALLABAKSH PATHAN, AGE: 39 YEARS, OCC: BUSINESS, R/O: PLOT NO. 756, CTS NO. 8664/3B, SECTOR NO.5, SHREE NAGAR, BELAGAVI. …PETITIONERS (BY SHRI SANTOSH B.RAWOOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY REVENUE SECRETARY, DEPARTMENT OF REVENUE, BENGALURU – 01. 2. THE DEPUTY COMMISSIONER, BELAGAVI, TQ: AND DIST: BELAGAVI – 590001. 3. THE ASSISTANT COMMISSIONER, BELAGAVI, TQ: AND DIST: BELAGAVI - 590001. 4. THE TAHSILDAR, BELAGAVI TQ: AND DIST: BELAGAVI - 590001. 5. SHRI SIDRAI S/O. NARAYAN MALI AGE: 55 YEARS, OCC: AGRICULTURE, R/O: BRAHMAN GALLI, KANABARGI, TQ: AND DIST: BELAGAVI – 590001. 6. SMT. LAXMI W/O. BHIMRAO MALAI AGE: 45 YEARS, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:5105 WP No. 101864 of 2025 R/O: BRAHMAN GALLI, KANABARGI, TQ: AND DIST: BELAGAVI – 590016. 7. MISS. ROHINI D/O. BHIMRAO MALAI AGE: 24 YEARS, OCC: HOUSE HOLD WORK, R/O. BRAHMAN GALLI,KANABARGI, TQ: AND DIST: BELAGAVI - 590016. 8. MISS. ROTHIKA D/O. BHIMRAO MALAI, AGE: 22 YEARS, OCC: HOUSE HOLD WORK, R/O: KARBI GALLI, KANABARGI, TQ: AND DIST: BELAGAVI – 590016. 9. SHRI MARUTI S/O. BHIMRAO MALAI, AGE: 21 YEARS, OCC: AGRICULTURE, R/O: CHANDGAD VILLAGE, TQ: AND DIST: BELAGAVI – 590016. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO 4.) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE: A) A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, BY ORDER PASSED BY THE RESPONDENT NO.2 I.E., DEPUTY COMMISSIONER, BELAGAVI IN RB/RTA NO.356/2023- 24 DATED 07/01/2025 VIDE ANNEXURE-C. B) THE RESPONDENT NO.4 MAY KINDLY BE DIRECTED TO MAINTAIN THE NAME OF PETITIONERS IN RESPECT OF DISPUTED LANDS AS IT WERE EARLIER. C) PASS ANY SUCH APPROPRIATE ORDERS AS THIS HON’BLE COURT DEEMS FIT, JUST AND PROPER IN THE CIRCUMSTANCES OF THIS CASE, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:5105 WP No. 101864 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 07.01.2025 passed by respondent No.2 – the Deputy Commissioner, Belagavi produced as per Annexure-C. 2. Heard Sri Santosh B. Rawoot, learned counsel for the petitioners and Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 4. Perused the materials on record. 3. It is the contention of the petitioners that on the basis of an unregistered Kabooli Patra, the name of father of petitioners came to be entered in the revenue records as per order of the Tahasildar. The said order was challenged by the petitioners before the Assistant Commissioner. The Assistant Commissioner allowed the appeal and restored the original entry by cancelling ME.No.583/2006-07 dated 26.03.2007, in respect of R.S.No.651 measuring 2 acres 10 guntas of Kanabargi village, of Belagavi Taluk. Being aggrieved by the same, the private respondents have approached the Deputy - 5 - NC: 2025:KHC-D:5105 WP No. 101864 of 2025 Commissioner by filing revision. The Deputy Commissioner has allowed the revision and set aside the order passed by the Assistant commissioner and restored ME.No.583/2006-07. Being aggrieved by the same, the petitioners are before this Court. 4. The Deputy Commissioner while passing the impugned order noticed that, the petitioners have approached the Civil Court by filing O.S.No.1192/2023 for partition and separate possession, and they have obtained an order of temporary injunction not to disturb their possession. The said suit is still pending consideration before the Trial Court. Under such circumstances, it was opined that, the parties can seek necessary relief in the suit pending before the Civil Court of the competent jurisdiction. However, the mutation entry No.583/2006-07 was restored. 5. Learned counsel for the petitioners submits that, the petitioners have approached the Civil Court by filing O.S.No.1192/2023 against private respondents claiming partition and separate possession. The disputed Kabooli Patra, which is the basis for passing the impugned mutation entry, is - 6 - NC: 2025:KHC-D:5105 WP No. 101864 of 2025 also challenged in the said suit. Under such circumstances, I do not find any reason to interfere with the impugned order as the petitioners are at liberty to agitate their claim before the Civil Court in O.S.No.1192/2023, where they said to have obtained temporary injunction against disturbance of their possession. With these observations, the writ petition is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 1 Sl No.: 16