- 1 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 106465 OF 2024 (KLR-RES) BETWEEN: 1. SMT. NARSI W/O. SHAMBHU GOUDA, AGED ABOUT 71 YEARS, AGRICULTURIST, R/AT HEBBARHITLU, GUNAVANTE, TALUK: HONNAVAR (U.K.) 581348. 2. SRI. MAHABALA ALIAS MABLA S/O. SHAMBHU GOUDA, AGED ABOUT 50 YEARS, AGRICULTURIST, R/AT HEBBARHITLU, GUNAVANTE, TALUK: HONNAVAR (U.K.) 581348 3. SRI. PRASHANTH S/O. SHAMBHU GOUDA, AGED ABOUT 45 YEARS, AGRICULTURIST, R/AT ARALE, POST: ANANTHWADI, BAILUR, TALUK: HONNAVAR (U.K.) 581350. 4. SRI GOPAL S/O. SHAMBHU GOUDA, AGED ABOUT 41 YEARS, AGRICULTURIST, R/AT HEBBARHITLU, GUNAVANTE, TALUK: HONNAVAR (U.K.) 581348. 5. SMT. MUKTA W/O. GANAPAYYA GOWDA, AGED ABOUT 38 YEARS, AGRICULTURIST, R/AT HULIDEVARAKAN, HONNEHADDA, HARSIKATTA, TALUK: SIDDAPUR (U.K.) 581355. 6. SMT. DEVI W/O. NARAYAN GOUDA AGED ABOUT 61 YEARS, R/AT HEBBARHITLU, GUNAVANTE. TALUK: HONNAVAR (U.K.) 581348. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 7. SMT. AMBIKA W/O. PARAMESHWAR GOUDA, AGED ABOUT 38 YEARS, R/AT HAKKALAKERI, GUNAVANTE, TALUK: HONNAVAR (U.K.) 581348. 8. SRI. MARUTI S/O. NARAYAN GOUDA AGED ABOUT 35 YEARS, R/AT HEBBARHITLU, GUNAVANTE, TALUK: HONNAVAR (U.K.) 581348. 9. SRI. GANESH S/O. NARAYAN GOUDA, AGED ABOUT 30 YEARS, R/AT HEBBARHITLU, GUNAVANTE, TALUK: HONNAVAR (U.K.) 581348. …PETITIONER (BY SRI. CHANDRASHEKHAR GOUDA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER UTTARA KANNADA, TALUK KARWAR-581301. 2. THE ASSISTANT COMMISSIONER BHATKAL, TALUK BHATKAL – 581320. 3. THE TAHSILDAR HONAVAR, TALUK HONAVAR -581334. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS HONAVAR, TALUK HONAVAR -581334. 5. SRI. GANAPAYYA S/O. MANJU GOUDA, AGED ABOUT 60 YEARS, RESIDING AT HEBBARHITLU, GUNAVANTE VILLAGE, HONAVAR TALUK (U.K.) 581342. 6. SRI. SHAMBHU S/O. MANJU GOUDA, AGED ABOUT 60 YEARS, RESIDING AT HEBBARHITLU, - 3 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 GUNAVANTE VILLAGE, HONAVAR TALUK - 581342. 7. SRI. GANAPAYYA S/O. TIMMAPPA GOUDA, AGED ABOUT 40 YEARS, RESIDING AT GUNAVANTE VILLAGE, HONAVAR TALUK - 581342. 8. THE BLOCK EDUCATION OFFICER PRABHAT NAGAR ROAD, HONAVAR HONAVAR TALUK – 581341. 9. THE CHILD DEVELOPMENT PROJECT OFFICER DEPT OF WOMEN AND CHILD DEVELOPMENT HONAVAR TALUK - 581341. 10. THE CHIEF ENGINEER KONKAN RAILWAY CORPORATION LTD. KARWAR. 11. SMT. DEVI W/O. HANUMANTH GOUDA, AGED ABOUT 65 YEARS, RESIDING AT ADIMANE, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 12. SRI. GANAPI W/O. DEVA GOUDA AGED ABOUT 60 YEARS, RESIDING AT GUNAVANTE VILLAGE, HONAVAR TALUK - 581342. 13. SRI. HANUMANTH S/O. DEVA GOUDA, AGED ABOUT 35 YEARS, RESIDING AT ADIMANE, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 14. SRI. MANJUNATH S/O. DEVA GOUDA AGED ABOUT 30 YEARS, RESIDING AT ADIMANE, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 15. SRI. ANAND S/O. MININ D’SOUZA, AGED ABOUT 45 YEARS, RESIDING AT MELINAKERI, - 4 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 GUNDABALA VILLAGE, HONAVAR TALUK – 581342. 16. SMT. PADMAVATI W/O. ANNAPPA GOUDA AGED ABOUT 40 YEARS, RESIDING AT SINDANI, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 17. SRI. MANJUNATH S/O. NARAYAN BHANDARI, AGED ABOUT 60 YEARS, RESIDING AT SHIVANAGAR, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 18. SMT. SUJATA W/O. SHRIDHAR GOUDA, AGED ABOUT 35 YEARS, RESIDING AT KOTA, ANANTHWADI, HONAVAR TALUK – 581342. 19. SMT. SUSHEELA W/O. SHIVA MESTA, AGED ABOUT 50 YEARS, RESIDING AT GUNAVANTE VILLAGE, HONAVAR TALUK - 581342. 20. SRI. MANJU S/O. RAMA GOUDA, AGED ABOUT 70 YEARS, RESIDING AT SHIVANAGAR, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 21. SRI. GANAPAYYA S/O. SHAMBHU GOUDA, AGED ABOUT 60 YEARS, RESIDING AT SHIVANAGAR, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. 22. SRI. KRISHNA S/O. SHAMBHU GOUDA, AGED ABOUT 65 YEARS, RESIDING AT KASARKOD VILLAGE, HONAVAR TALUK 581342. - 5 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 23. SRI. SHAMBHU S/O. GANAPAYYA GOUDA AGED ABOUT 50 YEARS, RESIDING AT SHIVANAGAR, GUNAVANTE VILLAGE, HONAVAR TALUK 581342. 24. SRI. PANDURANG S/O. MAHADEV HONNAVARKAR, AGED ABOUT 48 YEARS, RESIDING AT GUNAVANTE, HONAVAR TALUK - 581342. 25. SMT. RAMYA S/O. BHASKAR NAIK, AGED ABOUT 38 YEARS, RESIDING AT SHIVANAGAR, GUNAVANTE VILLAGE, HONAVAR TALUK – 581342. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R4; NOTICE TO R5 TO R25 ARE DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN REVISION PETITION NO.RP/13/2024 FILED BEFORE THE 1ST RESPONDENT- DEPUTY COMMISSIONER UTTARA KANNADA AND ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT DIRECTION OR ORDER QUASHING THE ORDER DATED 21.10.2024 PASSED BY THE 1ST RESPONDENT THE DEPUTY COMMISSIONER UTTARA KANNDA IN NO.RP/13/2024 VIDE ANNEXURE-A CONFIRMING THE ORDER DATED 30.05.2016 PASSED BY THE 2ND RESPONDENT IN NO. SPECIAL REVENUE ADALAT/AMENDMENT/VIVA/2015-16 AND MODIFYING THE ORDER BY CORRECTING THE RTC AS 0-18-6 TO THE PETITIONERS, VIDE ANNEXURE-L AND ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT DIRECTING THE 3RD RESPONDENT-TAHSILDAR HONAVAR TO ENTER THE NAME OF PETITIONERS TO 0-18-6 EXTENT IN REMAINING 7-14-0 ASST. 2.06 SITUATION AT GUNAVANTE VILLAGE, MANKI HOBLI, HONAVAR TALUK AND ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT DIRECTING THE 4TH RESPONDENT-ADLR HONAVAR TO MAKE NECESSARY CHANGES IN THE SURVEY RECORD AND MAP TO 0-18-6 EXTENT IN SURVEY NO.110 AREA 7-19-0 KHARAB 0-5-0 REMAINING 7-14-0 ASST. 2.06 SITUATED AT GUNAVANTE VILLAGE, MANKI HOBLI, HONAVAR TALUK. - 6 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioners have approached this Court seeking writ in the nature of Certiorari to quash the order dated 21.10.2024, passed by respondent No.1- the Deputy Commissioner, Uttar Kannada, produced as per Annexure-A confirming the order dated 30.05.2016, passed by respondent No.2-the Assistant Commissioner produced as per Annexure-L, and to issue the writ of Mandamus directing respondent No.3-Thasildar to enter the names of the petitioners in respect of 0-18-06 guntas of land in Sy.No.110, totally measuring 7-19 Kharab, 0-5-0 remaining 7-14-0 Asst. 2.06 situated at Gunavante village, Manki hobli, Honnavar taluk and also to direct respondent No.4-Assistant Director of Land Records to make necessary changes in the survey records. - 7 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 2. Heard Sri.Chandrashekhar Gouda, learned counsel for the petitioners and Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 4. 3. It is the contention of the petitioners that they are the legal representatives of deceased Shambhu Sata Gouda and Narayana Sata Gouda, who have filed Form No.7 claiming tenancy rights in respect of 6 items of properties, including 1/16th share in Sy.No.110 of Gunavante village. It is the contention of the petitioners that occupancy right in respect of the said 6 items of properties was conferred as per order dated 26.03.1979, produced as per Annexure-C. Annexure-D is Form No.10, issued on 04/08/1981 in respect of 6 items of properties including Sy.No.110 to an extent of 1/16th share. Annexure-E is the mutation entry No.3488, which confirms grant of occupancy right and issuance of Form No.10. 4. Learned counsel for the petitioners produced Annexures-G and H to show that Shambhu Sata Gouda - 8 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 and Narayan Sata Goudahave died on 21/12/2013 and 29/9/2020 respectively as per the death certificates. Thus, the petitioners are said to have inherited the rights over the disputed land. 5. It is the contention of the petitioners that the Revenue Inspector submitted a report as per Annexure- K to the Tashildar, Honnavar to mutate the names of several persons in respect of different portions of Sy.No.110 of Gunavante village and submitted that, in respect of 0-31.2 guntas of land in Survey No.110, the name of the Government could be entered in the revenue records. But there is no reference to confirmation of occupancy rights in favour of Shambhu Sata Gouda and Narayan Sata Gouda in respect of 1/16th share. It is stated that the Assistant Commissioner, Bhatkal issued the order in Form No.1 produced as per Annexure-L, showing the name of the State of Karnataka in respect of 0-27.8 guntas in Sy.No.110 of Gunavante village. Being aggrieved by the same, petitioners have preferred another Revision - 9 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 Petition before the Deputy Commissioner, Uttar Kannada, Karwar in R.P.No.13 of 2024. The Deputy Commissioner passed the impugned order as per Annexure-A, rejecting the claim of the petitioners. Being aggrieved by the same, the petitioners are before this Court. 6. It is the contention of the learned counsel for the petitioners that Form No.7 was filed by the predecessors in title i.e. late Shambhu Sata Gouda and Narayan Sata Gouda in respect of 6 items of properties including in respect of 1/16th share in Survey No.110 of Gunavante village for which occupancy rights was granted. Form No. 10 was also issued as per Annexures-C and D, mutating the names of the conferments in M.E.No.3488 as per Annexure-E. In spite of that, names of Shambhu Sata Gouda and Narayan Sata Gouda were dropped, and the names of the petitioners as the legal representatives of the original occupants were not entered, in view of the orders passed by the Assistant Commissioner produced - 10 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 as per Annexure-L and the Deputy Commissioner - Annexure-A. 7. It is noticed that in the report of the Revenue Inspector, produced as per Annexure-K, there is no reference to granting of occupancy rights in favour of Shambhu Sata Gouda and Narayana Sata Gouda. But he recommends inclusion of name of the State Government for the remaining extent of land i.e. 0-31.2 guntas. The same was accepted by the Assistant Commissioner to issue Form No.1 and to enter names of various occupants, and the name of the Karnataka Government in respect of 0-27.08 guntas. The same was questioned before the Deputy Commissioner by filing the Revision Petition. The Revision Petition came to be dismissed solely on the ground that there is delay in challenging the order. 8. It is the specific contention of the petitioners that they were not aware of the report submitted by the Revenue Inspector as per Annexure-K and the order of the Assistant Commissioner passed as per Annexure-L, - 11 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 and these proceedings have taken place behind their back. Admittedly, the petitioners or their predecessors in title were not the parties either to Annexures-K or L. Under such circumstances, rejection of their claim solely on the ground of delay is erroneous. Therefore, I am of the opinion that the order Annexure-L in respect of 1/16th share in Sy.No.110 of Gunavante village insofar as the petitioners are concerned is liable to be quashed. Similarly, order passed by the Deputy Commissioner is also liable to be quashed. Accordingly, I proceed to pass the following: ORDER i) The Writ Petition is allowed. ii) The order dated 21.10.2024, passed in RP.No.13/2024, by the Deputy Commissioner, Uttar Kannada is set aside. iii) Issuance of Form No.1 as per Annexure-L by the Assistant Commissioner, Bhatkal insofar as 1/16th share in Sy.No.110 of - 12 - NC: 2025:KHC-D:4463 WP No. 106465 of 2024 Gunavante village originally conferred in favour of Shambhu Sata Gouda and Narayan Sata Gouda by the Land Tribunal is set aside. iv) Respondent No.2-the Assistant Commissioner, Bhatkal is directed to consider the contentions of the parties in respect of the land referred to above and to pass appropriate orders in accordance with law within 2 months from the date of receipt of the copy of this order. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 1 Sl No.: 14