- 1 - NC: 2025:KHC-D:7216 WP No. 103271 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 103271 OF 2025 (KLR-RR/SUR) BETWEEN: SMT.SULOCHANA W/O CHANNAMALLAYA HIREMATH, AGE. 86 YEARS, OCC. HOUSEWIFE, R/AT C/O C.G. HIREMATH, RAPATI BUNGLOW, HALIYAL RD, TQ AND DIST DHARWAD-580001. …PETITIONER (BY SRI MOT GOURISHANKAR HARISHCHANDRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU, REP BY ITS SECRETARY. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS, DHARWAD-580008. …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT DATED 18.02.2025 VIDE ANNEXURE-D & CONSEQUENTLY, DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 21.09.2024 I.E. ANNEXURE-C AND DEMARCATE THE PROPERTY OF THE PETITIONER AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.05.21 10:52:48 +0530 - 2 - NC: 2025:KHC-D:7216 WP No. 103271 of 2025 CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI ORAL ORDER (PER: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI) This writ petition is filed seeking for following reliefs: a. Issue a writ in the nature of certiorari quashing the endorsement dated 18.02.2025 vide Annexure-D. b. Consequently direct the respondent no.2 to consider the representation dated 21.09.2024 i.e. Annexure-C and demarcate the property of the petitioner. 2. Sri Mot Gourishankar Harishchandra, learned counsel for petitioner submitted, petitioner’s husband- Channamallayya Hiremath had got property in partition between his brother and himself in year 1972 measuring 03 Acres 28 guntas in Sy.no.160 situated in Kelageri. In terms of same, mutations were effected in record of rights at Annexure-A and mutation register at Annexure-B. It was submitted petitioner gave a representation on 21.09.2024 at Annexure-C to respondent no.2 for demarcation of her property and fixing boundaries. But same was rejected on - 3 - NC: 2025:KHC-D:7216 WP No. 103271 of 2025 erroneous reason that O.S.no.377/2023 was pending and temporary injunction for alienation of property was in existence. Accordingly, he issued endorsement at Annexure-D. 3. It was submitted petitioner was not alienating property but was seeking only for demarcation and fixing boundaries of her property. Therefore, impugned order was unsustainable. 4. On other hand, Sri V.S.Kalasurmath, learned Addl. Government Advocate for respondents opposed writ petition. It was submitted since suit was for partition and separate possession of 1/5th share, taking note of interim order passed by trial Court against alienation, respondent no.2 rightly passed impugned order. Further, even Annexure-A would indicate mutation in joint names. On above grounds, sought dismissal of petition. 5. Heard learned counsel and perused writ petition record. - 4 - NC: 2025:KHC-D:7216 WP No. 103271 of 2025 6. From above, it is seen petitioner had filed representation dated 21.09.2024 at Annexure-C for demarcation of property, since property was in joint possession. But, endorsement at Annexure-D was issued referring to pending suit and interim order granted therein. Indeed there was no dispute or challenge in suit against division of properties in year 1972 and allotment of 03 Acres 28 guntas to petitioner’s husband. 7. Prima facie there was no dispute about allocation of property in favour of brother of Channamallayya Hiremath. Therefore outcome of pending suit would not come in way of considering Annexure-C. Consequently, impugned endorsement at Annexure-D would be contrary to law. 8. Consequently, following: ORDER i. Petition is allowed. ii. Endorsement dated 18.02.2025 vide Annexure-D is quashed. - 5 - NC: 2025:KHC-D:7216 WP No. 103271 of 2025 iii. Direction issued to respondent no.2 to complete measurement and demarcation within four weeks from date of receipt of certified copy of this order. Sd/- (RAVI V.HOSMANI) JUDGE CLK CT:VP LIST NO.: 1 SL NO.: 46