- 1 - NC: 2025:KHC-D:4753 WP No. 60715 of 2011 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO.60715 OF 2011 (KLR-RR/SUR) BETWEEN: RAMASIDDA RAMAPPA KAHANAPPANAVAR, SECRETARY, GOKAK TALUKA BADIGER AND KAMBAR INDUSTRIAL CO-OP SANG LTD., GOKAK, DIST: BELGAUM. …PETITIONER (BY SRI EJAZ AHAMED, ADVOCATE FOR SRI SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELGAUM. 2. THE ASSISTANT COMMISSIONER, BAILHONGAL. 3. THE REVENUE INSPECTOR, REVENUE DEPARTMENT, GOKAK. 4. BASAVANNEPPA NINGAPPA KAMBAR, CHAIRMAN, BADIGER AND KAMBAR INDUSTRIAL CO-OP SANGH LTD., R/O: NAKA NO.1, GOKAK, DIST: BELGAUM. 5. VINAYAK VIRUPAX KAMBAR, CLAIMING HIMSELF AS SECRETARY OF Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4753 WP No. 60715 of 2011 GOKAK TALUKA BADIGER AND KAMBAR INDUSTRIAL CO-OP SANGH LTD., GOKAK, DIST: BELGAUM. 6. BASAVARAJ BASAPPA KAMBAR, HOSPET GALLI, GOKAK, BELGAUM. 7. ANANDRAO SHIDLINGAPPA GOTADAKI, R/O: SOMAWARPETH, GOKAK, DIST: BELGAUM. 8. THE CO-OPERATIVE DEVELOPMENT OFFICER GOKAK, DIST: BELGAUM. …RESPONDENTS (BY SRI T.HANUMAREDDY, AGA FOR R1 TO R3; SRI SABEEL AHMED, ADV. FOR SRI A.S.PATIL, ADV. FOR R4; NOTICE TO RESPONDENT NO.8-SERVED; PETITION AGAINST RESPONDENT NO.5-DISMISSED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO SET ASIDE THE ORDER BEARING NO.RB.RTA.148/2008-09 DATED 09.12.2010 PASSED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A AND TO ISSUE WRIT ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE TAHASILDAR, GOKAK TO DELET THE MUTATION ENTRIES NOs.764 AND 765 OF GOKAK IN RESPECT OF THE PROPERTY BEARING R.S.NO.138/7 MEASURING 16 GUNTAS AND SUCH OTHER RELIEFS. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:4753 WP No. 60715 of 2011 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 09.12.2010 passed by respondent No.1 as per Annexure-A and to issue writ in the nature of Mandamus directing the Tahsildar, Gokak taluk to delete the Mutation Entry Nos.764 and 765 relating to R.S.No.138/7 measuring 16 guntas of Gokak. 2. Hard Sri Shriharsh A. Neelopant learned counsel for petitioner, Sri T. Hanumareddy, learned counsel for respondent Nos.1 to 3 – State and Sri Sabeel Ahmed, learned counsel for respondent No.4. Perused the materials on record. 3. Learned counsel for the petitioner submits that, the petitioner Ramasidda Ramappa Kahanappanavar, is the Secretary of Gokak Taluk Badiger and Kambar Industrial Co-operative Sangh Limited, Gokak. Since respondent Nos.4 and 5 claiming to be the President and - 4 - NC: 2025:KHC-D:4753 WP No. 60715 of 2011 Secretary of the said Sangh respectively, they sold 2 guntas of land each to respondent Nos.6 and 7 in clear violation of the conditions imposed by the Joint Registrar of Cooperative Societies (‘JRCS’ for short) as per Annexure-B. Therefore the petitioner is entitled for the relief as claimed in writ petition. 4. Per contra, it is the contention of the contesting respondent Nos.4 and 5, who executed the sale deed as the President and the Secretary of the Sangh, selling 2 guntas of land each to respondent Nos.6 and 7, under the sale deeds dated 25.05.2006. The learned Additional Government Advocate representing respondent Nos.1 to 3 similarly contends that, none of the conditions imposed by JRCS as per Annexure-B are violated. Moreover, it is his contention that, the petitioner has not produced any materials to show that, he is the Secretary of the said Sangh and hence he has no locus-standi to file and maintain the petition. - 5 - NC: 2025:KHC-D:4753 WP No. 60715 of 2011 5. It is the contention of the respondents that the petition is not maintainable to seek deletion of mutation entries which were effected on the basis of the registered sale deed. The petitioner’s his remedy lies elsewhere and hence the petition is to be dismissed. 6. Much reliance is placed on Annexure-B, the order passed by JRCS permitting sale of 6 guntas of land in Sy.No.138/7, subject to few conditions. On going through the sale deeds referred above, the conditions imposed by JRCS are by-and-large satisfied. It is stated that, the sale was through tender-cum-auction. Two guntas of land each is sold to respondent Nos.6 and 7 for ₹2,20,000/-, whereas JRCS had fixed the minimum slab as ₹5,44,500/- for 6 guntas, as the same is the guidance value of the land. Therefore sale of 2 guntas each was sold for much higher price than the guidance value fixed by JRCS. It is stated that all the required formalities for calling for tender and for auction was followed. No materials are placed before the Court to show that any of - 6 - NC: 2025:KHC-D:4753 WP No. 60715 of 2011 the conditions are violated by respondent Nos.4 and 5. Moreover, as rightly contended by the respondents, the petitioner has not produced any documents to show that he is the Secretary of the said Sangh and thus, is not authorized to file the writ petition. The petitioner has admittedly not challenged the sale deeds executed by respondent Nos.4 and 5. 7. For all these reasons, I am of the opinion that the petitioner is not entitled for any relief sought in the writ petition. Accordingly writ petition is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 2 Sl No.: 4