- 1 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104661 OF 2025 (KLR-RES) BETWEEN: SHRI. GIRIGOUDA NINGANAYIKA PATIL, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: NEAR MEKALAMARADI-NESARAGI ROAD, GARDEN LAND, MEKALAMARADI, TQ: BAILHONGAL, DIST: BELAGAVI - 591 121. &PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. SMT PREMABAI LAXMIBAI W/O. MALLANAYAK PATIL, AGE: 80 YEARS, OCC: HOMEMAKER, R/O: #96A, KUSHNAPPANAVAR ONI, BUDDIGOPPA, TQ: SAUNDATTI, DIST: BELAGAVI - 591 119. 2. TANGEVVA W/O. SIDDANAYAK PATIL, AGE: 59 YEARS, OCC: HOMEMAKER, R/O: GOUDAR STREET, TADASALUR, TQ: PARASGAD, DIST: BELAGAVI 3 591 119. 3. FAKIRNAIK SIDDANAIK PATIL, AGE: 49 YEARS, OCC: AGRICULTURE, R/O: TADASALURU, TQ AND DIST: BELAGAVI - 591 119. 4. SHIVAJI SIDDANAIK PATIL, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: GOUDAR STREET, TADASALUR, TQ: PARASGAD, DIST: BELAGAVI - 591 119. 5. SABANAIK S/O. SHIDDANAIK PATIL, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 AGE: 42 YEARS, OCC: AGRICULTURE, R/O: TADASALUR, TQ: PARASGAD, DIST: BELAGAVI - 591 119. 6. GANGUBAI @ GANGAMMA SHIDDANAIK PATIL, AGE: 39 YEARS, OCC: HOME MAKER, C/O. SHIDDANAIK PATIL, 33, VTC TADASALUR, PO: TACIR, SUB DISTRICT PARASGAD, TADASALUR, DIST: BELAGAVI - 591 119. 7. SHESHANAIK S/O. CHANDRANAIK PATIL, AGE: 66 YEARS, OCC: AGRICULTURE, R/O: 13, TALAVAR ONI, TADASALUR, TQ: PARASGAD, DIST: BELAGAVI - 591 119. 8. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, NEAR DISTRICT COURT, BELAGAVI - 591 119. 9. THE ASSISTANT COMMISIONER, MURGOD ROAD, BAILHONGAL - 591 126. 10. THE TAHASILDAR, OFFICE OF THASILDAR, MINI VIDHANASOUDA, SAUNDATTI - 591 126. &RESPONDENTS (BY SRI. T. HANUMAREDDY., AGA FOR R8 TO R10; SRI. C.S. SHETTAR., ADVOCATE FOR C/R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO KINDLY QUASH OR ISSUE AN ORDER IN THE NATURE OF A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDERS PASSED BY THE DEPUTY COMMISSIONER BELAGAVI, RB/RTA/ NO.44/2024-25, DT. 15/04/2025, BY THE DEPUTY COMMISSIONER, BELAGAVI, VIDE ANNEXURE- C, CONFIRMING THE ORDER PASSED IN RA NO. 85/2023, DT 18/11/2023, BY THE ASSISTANT COMMISSIONER, BAILHONGAL,, VIDE ANNEXURE-B AND CONSEQUENTLY RESTORE THE NAME OF PETITIONER IN THE REVENUE RECORDS BY ALLOWING THE WRIT PETITION TO MEET THE ENDS OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The Petitioner is before this Court seeking for the following reliefs: a. Quash or issue an order in the nature of a Writ of Certiorari quashing the impugned orders passed by the Deputy Commissioner, Belagavi, RB:RTA:No.44/2024-25, dated 15.04.2025, by the Deputy Commissioner, Belalgavi, Vide Annexure-C, confirming the order passed in R.A.No.85/2023 dated: 18/11/2023, by the Assistant Commissioner, Bailhongal, vide Annexure-B and consequently restore the name of the petitioner in the Revenue Records by allowing the writ petition to meet the ends of the justice. 2. The subject property belongs to the family of Chandra Naik who had four sons, one of them being Tukanaik, who expired on 18.5.2009 leaving behind his wife Parvatevva. Claiming that Parvatevva had executed a Will out of her love and affection to the Petitioner, the Petitioner had got his name entered in the revenue records relating to R.S.Nos.291, 343 and 123 of Tadaslur Village, Saundatti Taluk, Belagavi District on 29.10.2022. - 4 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 3. The Respondents herein being the wife of Mallanayak, Sheshanaik and children of Shiddanaik as also one another son namely Sheshanaik of Chandra Naik had filed a suit in O.S.No.80/2023 seeking for a declaration that the plaintiffs are the absolute owners as also a declaration of Will said to have been executed by Parvatevva in favour of the Petitioner herein as null and void. 4. On that basis, they had challenged the revenue entries made in favour of the Petitioner in pursuance of the aforesaid Will. The Assistant Commissioner, Bailhongal vide its order dated 18.11.2023 set aside the revenue entries made in favour of the Petitioner. The Deputy Commissioner, on an appeal, confirmed the said order directing the entry of the name of Parvatevva in the revenue records. It is challenging the same, the Petitioner is before this Court. - 5 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 5. The Petitioner is the son of sister of Parvatevva whereas the Respondents are the direct lineal descendants of Chandranaik. The property belonging to Chandranaik devolved on his son Tukanaik on the expiry of Chandranaik in the year 1963 and it is on account of the expiry of Tukanaik on 18.5.2009 that Parvatevva succeeded to the same. Parvatevva having expired on 14.8.2022. In terms of subsection (2) of Section 15 of the Hindu Succession Act if a property is inherited by a female Hindu from her father or mother, the same shall devolve in the absence of any son or daughter not upon the heirs of the husband but upon the heirs of her father. 6. In the present case, the property has not been inherited by Parvatevva from her father but has been inherited from her husband and she does not have any children. Therefore, the same would come under clause (b) of subsection (2) of Section 15 namely any - 6 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased not upon the other heirs referred to in subsection (1) in the order specified therein, but upon the heirs of her husband. That being so, Parvatevva could not have dealt with the property during her lifetime. It is in that background that the Assistant Commissioner and the Deputy Commissioner have considered the matter and have directed the entry of the name of Parvatevva in the revenue records during the pendency of the suit in OS No.80/2023. 7. Whether the Will executed is valid or invalid would have to be established during the course of trial in the said suit and it is also for the parties to establish their respective rights that they derive under the Will. Reserving such liberty, the petition stands disposed. - 7 - HC-KAR NC: 2025:KHC-D:10728 WP No. 104661 of 2025 8. Observations made in the above petition is only for the consideration of the present petition. The trial Court shall decide the matter on merits. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 60