MAHADEVAPPA S/O NINGAPPA AYATTI v. DEPUTY COMMISSIONER
WP/100159/2016 · 2025-03-03
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45184 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45184 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4118 WP No. 100159 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 100159 OF 2016 (KLR-RR/SUR) BETWEEN:
MAHADEVAPPA S/O NINGAPPA AYATTI, AGED ABOUT 54 YEARS, OCC:GOVT.SERVANT, R/O:KURADIKERI, TQ:HUBBALLI, DIST:DHARWAD. …PETITIONER (BY SRI. MAHESH WODEYAR., ADVOCATE)
AND:
1.
DEPUTY COMMISSIONER, DHARWAD.
2.
ASSISTANT COMMISSIONER, DHARWAD SUB-DIVISION, DHARWAD.
3.
THE THASILDAR, HUBBALLI.
4.
SMT.SHANTHAVVA W/O CHANNABASAPPA UNAKAL, AGE:50 YEARS, OCC:HOUSEHOLD WORK,
5.
SMT.BASAVENNEVVA D/O CHANNABASAPPA UNAKAL, AGE:34 YEARS, OCC:HOUSEHOLD WORK,
6.
SMT.MANJAVVA D/O CHANNABASAPPA UNAKAL, AGE:28 YEARS, OCC:HOUSEHOLD WORK, R/O:KURADIKERI VILLAGE, TQ:HUBBALLI, DIST:DHARWAD.
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:4118 WP No. 100159 of 2016
7.
SMT.CHANNAVVA D/O CHANNABASAPPA UNAKAL, AGE:32 YEARS, OCC:HOUSEHOLD WORK,
8.
SRI.MANJAPPA S/O CHANNABASAPPA UNAKAL, AGE:30 YEARS, OCC:AGRICULTURE,
9.
SMT.DYAMAVVA W/O MAHADEVAPPA ANGADI, AGED ABOUT 46 YEARS, OCC:HOUSEHOLD,
10. SMT.SIDDAVVA W/O SHIVAPPA ADARAGUNCHI, AGED ABOUT 40 YEARS, OCC:HOUSEHOLD WORK, ALL ARE RESIDENT OF KURADIKERI VILLAGE, TQ:HUBBALLI, DIST:DHARWAD.
11. SMT.MAHADEVI W/O RAMAPPA KUSUGAL, AGE:35 YEARS, OCC:HOUSEHOLD WORK, R/O:UGANIKERI, TQ:KALAGHATAGI, DIST:DHARWAD. …RESPONDENTS (BY SRI. PRAVEEN UPPAR., AGA FOR R1 TO 3;
SRI.PRAKASH.K.JAWALKAR., ADVOCATE FOR R4-8;
SRI. RAJASHEKAR GUNJALLI., ADVOCATE FOR R10-11;
R9-SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Mahesh Wodeyar, counsel for the petitioner, Sri.Praveen Uppar, AGA for respondents 1 to 3 and Sri.Prakash.K.Jawalkar., counsel for respondents 4 to 8 have appeared in person.
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NC: 2025:KHC-D:4118 WP No. 100159 of 2016
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the impugned order dated 01.12.2015 passed by the first respondent vide Annexure-H and consequently restore the order dated 27.08.2014 passed by the second respondent vide Annexure-G.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the writ papers with care.
4. Suffice it to note that the petitioner moved an application for change of Katha based on the Will i.e., alleged to have been executed by Mr.Channabasappa before the Thasildar, Hubballi. The Thasildar vide order dated 29.07.2013 rejected the request of the petitioner. Aggrieved by the same, he preferred an appeal before the Assistant Commissioner, Dharwad Sub-Division, Dharwad. The Assistant Commissioner vide order dated 27.08.2014 allowed the appeal. As against the said order, respondents 4 to 8 filed the revision petition under Section 136(3) of the Karnataka Land Revenue Act, 1964 before the Deputy Commissioner, Dharwad. The Deputy Commissioner vide order dated 01.12.2015 confirmed the order
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NC: 2025:KHC-D:4118 WP No. 100159 of 2016
of the Thasildar. Hence, the petitioner has filed the present Writ Petition on several grounds as set out in the Memorandum of Writ Petition.
5. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the Writ papers with care.
6. The order of the Deputy Commissioner, Dharwad is furnished along with the Writ Petition and the same is marked as Annexure-H. A perusal of the same would reflect that the Deputy Commissioner confirmed the order of the Thasildar and
directed the parties to approach the Civil Court to get rights established. The reasons and the conclusion so arrived at by the Deputy Commissioner, Dharward is just and proper. I find no grounds to quash the same. The Writ Petition is devoid of merits and the same is liable to be quashed.
7. Resultantly, the Writ Petition is rejected.
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NC: 2025:KHC-D:4118 WP No. 100159 of 2016
Because of the rejection of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim
order if any granted by this Court stands discharged.
Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 59.1