- 1 - NC: 2025:KHC-K:1277 WP No. 200518 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.200518 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. BHIMABAI W/O BHIMANNA, AGE: 59 YRS, OCE: AGRI, R/O DARSHANAPUR, TQ. SHAHAPUR DIST YADAGIR. 2. SMT. MAHADEVI W/O KALLAPPA TONASHYAL, AGE: 54 YRS OCC: AGRI, R/O H.NO.63 BRAHMADEVANAMADU HONNALLI, TQ. SINDAGI DIST. VIJAYAPUR. …PETITIONERS (BY SRI. B. BHIMASHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME M.S. BUILDING BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER KALABURAGI-585102. 3. THE TAHASILDAR JEWARGI-585310. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) Digitally signed by SACHIN Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1277 WP No. 200518 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND MANDAMUS AND GRANT THE FOLLOWING RELIEF I) TO QUASH THE IMPUGNED ENDORSEMENT DTD. 20- 01-2025 ISSUED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-E. II) A DIRECTION MAY KINDLY BE ISSUED TO RESPONDENT FOR ENTERING THE NAMES OF PETITIONERS AS PER THE FINAL DECREE PASSED IN FDP NO. 07/2019 DTD. 23- 12-2020 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT JEWARGI PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of certiorari to quash the endorsement dated 20.01.2025 issued by respondent No.2. They have also sought for a direction to respondent Nos.2 and 3 to enter their names as per the final decree passed in FDP No.7/2019 dated 23.12.2020 passed by learned Senior Civil Judge and JMFC, Jewaragi. 2. The petitioners contend that they had filed a suit for partition and separate possession in O.S. No.87/2018, which was decreed, and a preliminary decree - 3 - NC: 2025:KHC-K:1277 WP No. 200518 of 2025 was passed. Following this, the petitioners filed FDP No. 7/2019, which was disposed off on 23.12.2020. After the final decree proceedings, the petitioners requested the respondents to enter their names as per the final decree. However, the respondents insisted for a survey sketch in Form 11E. Accordingly, the petitioners furnished it and requested the respondents to enter their names. Respondent No.2 issued an endorsement dated 20.01.2025, stating that the name of a third party was appearing in the Record of Rights concerning the disputed land and therefore, directed the petitioners to get the same rectified before the competent authority. 3. Learned counsel for the petitioners reiterated the above contentions and submitted that respondent Nos.2 and 3 are bound to implement the order passed by the Final Decree Court and enter the names of the petitioners. - 4 - NC: 2025:KHC-K:1277 WP No. 200518 of 2025 4. Learned Additional Government Advocate submitted that the request of the petitioners shall be considered in accordance with law. 5. The revenue records for the year 2019-2020 show that the land bearing Survey No. 51/3, situated in Chigarahalli village, Jewargi Taluk and Kalaburagi district stood in the name of Mr. Mallappa, who was defendant No.3 in FDP No.7/2019. The Court, after considering the case held that the petitioners are entitled to a share in the property under the final decree, to which Mallappa was a party. Therefore, respondent No.2 was not justified in issuing the impugned endorsement directing the petitioners to rectify the records. Respondent No.2 was bound to enter the names of the petitioners in the revenue records based on the final decree. Therefore, the endorsement issued by respondent No.2 is liable to be quashed. 6. Consequently, this writ petition is allowed. The impugned endorsement dated 20.01.2025 issued by - 5 - NC: 2025:KHC-K:1277 WP No. 200518 of 2025 respondent No.2 is quashed. Respondents Nos. 2 and 3 are directed to enter the names of the petitioners as per the final decree dated 23.12.2020 in FDP No.7/2019, passed by the Senior Civil Judge & JMFC, Jewargi. 7. The said process shall be completed within three months from the date of receipt of a certified copy of this order. Sd/- (R.NATARAJ) JUDGE NJ LIST NO.: 1 SL NO.: 13 CT;IS