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2025 DAILYLAW 46783 (KAR)

GEETA W/O MALLAPPA KUMBAR v. THE ASSISTANT COMMISSIONER

WP/103960/2025 · 2025-06-30

Pradeep Singh Yerur

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:8189 WP No. 103960 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103960 OF 2025 (GM-RES) BETWEEN: GEETA W/O MALLAPPA KUMBAR AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: P.W.D. QUARTERS, OPPOSITE P.H. PUJAR HOUSE, OLD I.В., BAGALKOT, TQ & DIST: BAGALKOT-587 101. …PETITIONER (BY SRI. MAHANTESH R. PATIL, ADVOCATE) AND: 1) THE ASSISTANT COMMISSIONER BAGALKOT, TQ & DIST: BAGALKOT-587 101. 2) THE TAHASILDAR LAND SURVEY DEPARTMENT, TQ: HUNGUND, DIST: BAGALKOT-587 101. 3) SHANKRAVVA W/O SIDDRAMAPPA KUMBAR AGE: 70 YEARS, OCC: HOUSEWIFE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 4) MALLAKAJAPPA S/O VEERBHADRAPPA KUMBAR AGE: 80 YEARS, OCC: AGRICULTURE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120 5) KASTHURI W/O MALLAKAJAPPA KUMBAR AGE: 57 YEARS, OCC: AGRICULTURE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8189 WP No. 103960 of 2025 6) SHAKUNTALA W/O BABU CHAKRSALI AGE: 34 YEARS, OCC: HOUSEWIFE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 7) SHASHIKALA W/O SURESH CHAKRSALI AGE: 32 YEARS, OCC: HOUSEWIFE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 8) SHRIDEVI W/O VEERESH KUMBAR AGE: 30 YEARS, OCC: AGRICULTURE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 9) HUCCHESH S/O MALLAKAJAPPA KUMBAR AGE: 28 YEARS, OCC: AGRICULTURE R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120 10) BASAVARAJ S/O MALLAKAJAPPA KUMBAR AGE: 26 YEARS, OCC: AGRICULTURE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 11) HUCHAPPA S/O VEERBHADRAPPA KUMBAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120 12) SUNANDA W/O HUCHHAPPA KUMBAR AGE: 56 YEARS, OCC: HOUSEWIFE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 13) SWETHA W/O NAGARAJ KUMBAR AGE: 30 YEARS, OCC: HOUSEWIFE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 14) SHILPA W/O NAVEEN KUMBAR AGE: 28 YEARS, OCC: HOUSEWIFE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. - 3 - HC-KAR NC: 2025:KHC-D:8189 WP No. 103960 of 2025 15) RASHMI W/O DEVRAJ KUMBAR AGE: 26 YEARS, OCC: AGRICULTURE, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 16) RAJESHWARI D/O HUCHAPPA KUMBAR AGE: 24 YEARS, OCC: STUDENT, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. 17) ANSAVVA D/O VEERBHADRAPPA KUMBAR AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O: KAMATAGI, TQ: HUNGUND, DIST: BAGALKOT-587 120. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1 & R2; NOTICE TO R3-R17 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENT NO.2 TO CONSIDER THEIR REPRESENTATION DATED 07.02.2025 TO MUTATE THEIR NAMES IN THE RECORDS OF RIGHTS OF R.S. NO.32/1 MEASURING 3 ACRES 25 GUNTAS SITUATED WITHIN THE LIMITS OF KAMATAGI VILLAGE, TQ: HUNGUND, DIST: BAGALKOT VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioner and the learned AGA for the respondents No.1 and 2. 2. It is the case of petitioner that property bearing R.S.No.32/1 measuring 3 acre 25 guntas belonging to one - 4 - HC-KAR NC: 2025:KHC-D:8189 WP No. 103960 of 2025 Veerbhadrappa S/o. Ramappa Kumbar, which is situated within the limits of Kamatagi village of Hungund Taluka. The said property is an ancestral property of petitioner and respondents No.3 to 18. Propositus-Veerbhadrappa left behind wife-Channavva and five children. There was an oral partition dated 15.06.2001 between petitioner and respondents. Channavva died on 17.01.2018. Names of respondents were only mutated in the revenue records pertains to above said property. Sri Mallappa Veerbhadrappa Kumbar is the 3rd son of propositus and he has died on 08.08.2016. Petitioner is the wife of said deceased-Mallappa, they are two children by name Vijayakumar and Vishalkumar. 3. Petitioner being aggrieved by not mutating their names in the record of rights, she made an application to the Tahashildar, Kamatagi by attaching necessary documents to consider application and mutate their names in the revenue records. Being aggrieved by the inaction of respondents in not determining the boundaries of the above said property, the petitioner is before this Court. - 5 - HC-KAR NC: 2025:KHC-D:8189 WP No. 103960 of 2025 4. Learned HCGP representing the State submits that the representation so made by the petitioner would be considered, if reasonable time is granted. Under the circumstances, I pass the following: ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued directing the 2nd respondent to consider the representation dated 07.02.2025 to mutate the names in the record of rights pertaining to R.S.No.32/1 measuring 3 acre 25 gunta of Kamatagi village in accordance with law and pass suitable orders. The said exercise shall be completed within eight weeks from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 47