- 1 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 100455 OF 2024 (KLR-RES) BETWEEN: 1. SMT. PARVATI W/O. BASAVARAJ UPANAL, AGE. 66 YEARS, OCC. HOUSEHOLD WORK, R/O. LAXMESHWAR - 582116. TQ. LAXMESHWAR, DIST. GADAG. 2. RAMESH S/O. BASAVARAJ UPANAL, AGE. 49 YEARS, OCC. HOUSEHOLD WORK, R/O. LAXMESHWAR 582116. TQ. LAXMESHWAR, DIST. GADAG. 3. SMT. NANDA W/O. CHANNAPPA DHARMAYATTA, AGE. 47 YEARS, OCC. HOUSEHOLD WORK, R/O. LAXMESHWAR 582116. TQ. LAXMESHWAR, DIST. GADAG. 4. MAHESH S/O. BASAVARAJ UPANAL, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. LAXMESHWAR 582116. TQ. LAXMESHWAR, DIST. GADAG. V N BADIGER HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 5. PRAKASH S/O. GOOLAPPA UPANAL, AGE. 65 YEARS, OCC. PRIVATE WORK, R/O. LAXMESHWAR 582116. TQ. SHIRHATTI, DIST. GADAG. 6. PULIKESHI GOOLAPPA UPANAL, AGE. 56 YEARS, OCC. ADVOCATE, R/O. LAXMESHWAR 582116. TQ. SHIRHATTI, DIST. GADAG. 7. SOMESH JAGADISH UPANAL AGE. 51 YEARS, OCC. BUSINESS, R/O. LAXMESHWAR 582116. TQ. SHIRHATTI, DIST. GADAG. …PETITIONERS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BENGALURU 560001. 2. THE DEPUTY DIRECTOR LAND RECORDS AND SURVEY DEPARTMENT, GROUND FLOOR, DISTRICT ADMINISTRATIVE BUILDING, GADAG - 582103. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS URBAN SURVEY OFFICE, LAXMESHWAR - 582116, TQ. LAXMESHWAR, DIST. GADAG. - 3 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 4. CHIEF OFFICER TOWN MUNICIPAL COUNCIL, LAXMESHWAR, TQ. LAXMESHWAR, DIST. GADAG - 582116. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; SRI. G.N. NARASAMMANNAVAR, ADVOCATE FOR R4) ------ THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT DATED 04-07-2023 IN NO.¹.¸À/ªÀ»/05/2023-24 VIDE ANNEXURE-G AND ENDORSEMENT DATED 31-08-2023 IN NO.¹.¸À/EvÀgÉ/16/2023-24 VIDE ANNEXURE-G2, BOTH ENDORSEMENT ISSUED BY THE 3RD RESPONDENT AND ISSUE A WRIT OF MANDAMUS, DIRECTING THE 3RD RESPONDENT TO MUTATE THE NAME OF THE PETITIONERS IN RESPECT OF THE LAND BEARING SURVEY NO. 86/2B 1A/2 SITUATED AT PETABANA, LAXMESHWAR IN THE CTS-5239 RECORDS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 ORAL ORDER 1. The petitioners have approached this Court seeking the following reliefs: a. Issue a writ certiorari quashing the impugned endorsement dated 04.07.2023 in No. ¹.¸À/ªÀ»/05/2023-24 vide Annexure-G and endorsement dated 31-08-2023 in No.¹.¸À/EvÀgÉ/16/2023-24 vide Annexure-G2, both endorsement issued by the 3rd Respondent. b. Issue a writ of mandamus, directing the 3rd Respondent to mutate the name of the petitioners in respect of the land bearing Survey No.86/2B 1A/2 situated at Petabana, Laxmeshwar in the CTS-5239 records, in the interest of justice. c. Issue any other order or direction as this Hon’ble Court deems fit, in the circumstances of the case, in the interest of justice and equity. 2. Heard Sri. Laxman T. Mantagani, learned counsel for the petitioners, Sri. T. Hanumareddy, learned AGA for respondents No.1 to 3 and Sri. G. N. Narasammannavar, learned counsel for respondent No.4. Perused the materials on record. 3. Learned counsel for the petitioners contends that, in spite of the order dated 12.01.1951 changing the - 5 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 status of the land bearing Survey No.86/2B 1A/2 measuring 17 Guntas 2¾th Anas situated at Laxmeshwar, into a non-agricultural one, produced as per Annexure-C, the respondent No.3 is not entering the names of the petitioners in the CTS records, pursuant to the representation produced at as per Annexures-F, F1 and F2. 4. Per contra, it is the contention of the learned AGA that, the endorsement as per Annexures-G is issued, calling upon the petitioners to produce KGP sanction order, and moreover, the petitioners have not produced the order changing the land into non- agricultural one. 5. However, learned counsel for the petitioners has drawn the attention of the Court to Annexures - C and D, whereunder the order for converting the land was passed, and also to the endorsement at Annexure-G1 dated 18.07.2023, passed by the Deputy Director of Land Records and Survey Settlement Department, - 6 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 Gadag, directing respondent No.3 to consider the application in the light of Annexure-F and to pass appropriate orders. 6. A perusal of Annexure-G1, passed by the Deputy Director of Land Records and Survey Settlement Department, Gadag, makes it clear that necessary documents are produced by the petitioners requesting respondent No.3 to make necessary entries in the CTS records, in spite of which, no action was taken by respondent No.3. I do not find any reasonable cause for the inaction of respondent No.3 in the matter. Hence, I am of the opinion that the petitioners are entitled to get the relief as sought for. 7. Accordingly, I proceed to pass the following: ORDER i. The Writ Petition is allowed. ii. Impugned endorsement dated 04.07.2023 produced as per Annexure-G and G2 are quashed. - 7 - NC: 2025:KHC-D:4128 WP No. 100455 of 2024 iii. Respondent No.3 is directed, by issuing a writ of mandamus, to mutate the names of the petitioners in respect of the land bearing Survey No.86/2B 1A/2 situated at Petabana, Laxmeshwar, in CTS records, in accordance with law, within four weeks from the date of receipt of copy of this order. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 1 Sl No.: 37