- 1 - HC-KAR NC: 2025:KHC-D:7261-DB WA No.100367 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100367 OF 2024 (KLR-RES) BETWEEN: SMT. SHANAKKA W/O NAGAPPA HULIKUPPE AGE. 80 YEARS, OCC. HOUSE HOLD WORK & AGRICULTURE, R/O. GALATAGA, NOW AT. BEDAKIHAL, TALUK. NIPPANI, DIST. BELAGAVI-51214. …APPELLANT (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELAGAVI, DIST. BELAGAVI-590001. 2. THE ASSISTANT COMMISSIONER CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI-591201. 3. THE SUB-TAHASHILDAR SADALAGA, TQ. CHIKKODI, DIST. BELAGAVI-591239. 4. THE REVENUE INSPECTOR SADALAGA, TQ. CHIKKODI, DIST. BELAGAVI-591239. 5. VILLAGE ACCOUNTANT GALATGA, TQ. NIPPANI, DIST. BELAGAVI-591239. 6. MANOJ S/O MAHAVEER HULIKUPPE AGE. 33 YEARS, OCC. AGRICULTURE, R/O. GALATGA, TQ. NIPPANI, DIST. BELAGAVI-591239. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R5; SRI. SHARAD V. MAGADUM, ADVOCATE FOR R6) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.04 10:20:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7261-DB WA No.100367 of 2024 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, SET ASIDE THE JUDGMENT AND ORDER DATED 18/07/2024 IN WRIT PETITION NO.103462/2024 (KLR-RES) PASSED BY THE LEARNED SINGLE JUDGE BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The appellant is respondent No.6 in the writ petition. The appellant is aggrieved of the impugned order passed by the learned Single Judge in W.P.No.103462/2024 dated 18.07.2024. 2. The brief facts of the case are that, the record of rights/Katha in respect of 28 guntas of land bearing R.S.No.128/9 situated at Galataga village was standing in the name of late Sri.Nagappa Babu Hulikuppe, husband of the appellant herein. The husband of the appellant died on 23.03.2018. Respondent No.6/original writ petitioner approached the revenue authorities contending that Sri.Nagappa Babu Hulikuppe has left behind a registered - 3 - HC-KAR NC: 2025:KHC-D:7261-DB WA No.100367 of 2024 Will bequeathing the property in question in her favour. Consequently, a mutation entry was made in favour of respondent No.6 in M.E.No.H184/2017-18 dated 17.07.2018. Learned counsel for the appellant would however contend that revenue authorities made mutation entry without following the due process of law as provided in the Karnataka Land Revenue Act and the Karnataka Land Record of Rights Rules, 1961 where Rule 34 mandates issuance of notice before causing any such mutation entry. The appellant therefore filed an appeal before the Assistant Commissioner invoking Section 136(2) of the Karnataka Land Revenue Act (hereinafter referred to as ‘the Act’ for short) raising a challenge to the mutation entry bearing M.E.No.H184/2017-18 dated 17.07.2018. However, the Assistant Commissioner passed a cryptic order on 26.09.2022 stating that there is delay of three years in filing the appeal; the Will had to be probated and therefore, the appellant was directed to approach the competent authority. Aggrieved by the said - 4 - HC-KAR NC: 2025:KHC-D:7261-DB WA No.100367 of 2024 order, the appellant approached the Deputy Commissioner invoking Section 136(3) of the Act. The Deputy Commissioner passed an order on 06.02.2024 setting aside the order dated 26.09.2022 passed by the Assistant Commissioner and the earlier M.E.No.H184/2017-18 dated 17.07.2018. Aggrieved by the said order passed by the Deputy Commissioner, respondent No.6 approached this court in W.P.No.103462/2024. 3. Learned counsel for the appellant submits that at any rate the entry could not be directed to be reverted back in the name of respondent No.6 herein, since admittedly the mutation entry bearing M.E.No.H184/2017- 18 dated 17.07.2018 was without the notice of the appellant herein. 4. We have to notice that the learned Single Judge in paragraph 8 has noticed the fact that the Deputy Commissioner had passed an order on 06.02.2024 and no sooner the name of the appellant was entered in the - 5 - HC-KAR NC: 2025:KHC-D:7261-DB WA No.100367 of 2024 record of rights, the appellant sold the property in favour of a third party by a registered sale deed dated 29.05.2024. That being the position, it would be impermissible for this court to direct re-entry of the name of the appellant in respect of the property in question, since admittedly, the appellant sold the property in favour of a third party. The appellant therefore does not retain any right to seek entry of her name in the land records. The learned Single Judge has also noticed the fact that two suits have already been filed in O.S.Nos.146 and 157 of 2024. The learned Single Judge has therefore directed that since the parties have already approached the civil court agitating their rights, the outcome of the civil disputes will decide the fate of the entry for the future. 5. In that view of the matter, we are of the considered opinion that since the appellant does not retain any right to seek re-entry of her name in the land records, when admittedly the appellant has disposed of the property in favour of a third party, we do not see any - 6 - HC-KAR NC: 2025:KHC-D:7261-DB WA No.100367 of 2024 reason to interfere in the impugned order passed by the learned Single Judge. The appeal is accordingly dismissed. Needless to observe that the appellant is at liberty to prosecute the civil suit already filed in O.S.No.146/2024. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 24