- 1 - HC-KAR NC: 2025:KHC-D:14999 WP No. 100200 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100200 OF 2024 (KLR-RR/SUR) BETWEEN: CHANDRAGOUDA, S/O DODDAGOUDA HALEGOUDRA @ PATIL, AGED ABOUT 61 YEARS, OCC. AGRICULTURE, R/O. SHRIRAMANKOPPA, TQ. HIREKERUR, DIST. HAVERI-581 111. … PETITIONER (BY SRI. S.G. KADADAKATTI, ADVOCATE) AND: 1. THE JOINT DIRECTOR, THE OFFICE OF REGIONAL LAND RECORDS, BELAGAVI SUB-DIVISION, BELAGAVI-590 001. 2. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, HAVERI-581 110. 3. THE ASSISTANT DIRECTOR OF LAND RECORDS, HIREKERUR, HAVERI DISTRICT-581 111. 4. SRI. KALAVEERAGOUDA S/O DODDAGOUDA HALEGOUDRA @ PATIL, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14999 WP No. 100200 of 2024 AGED ABOUT 68 YEARS, OCC. AGRICULTURE, R/O. SHRIRAMANKOPPA, TQ. HIREKERUR, DIST. HAVERI-581 111. 5. SMT. VIMALA W/O RUDRAGOUDA HALEGOUDRA, AGED ABOUT 64 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. SHRIRAMANKOPPA, TQ. HIREKERUR, DIST. HAVERI-581 111. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; SRI. M.R. HIREMATHAD, ADVOCATE FOR R4; NOTICE TO R5 IS DELIVERED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND TO QUASH THE ORDER BEARING NO.RE.V/SY/PODI/S.R:174/2022-23 DATED 16-11-2023, VIDE ANNEXURE-F PASSED BY THE JOINT DIRECTOR, OFFICE OF THE REGIONAL LAND RECORDS BELAGAVI AND NO. PODI:A.P.C.R:207/2021-2022 DATED 24-11- 2022 PASSED BY THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFICIO AND DEPUTY DIRECTOR OF LAND RECORDS, HAVERI VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14999 WP No. 100200 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) The explanation is accepted. 2. This petition is filed assailing the order passed by respondent No.2 and confirmed by respondent No.1. In terms of the said order, the survey sketch at Annexure-B prepared in the year 2008-09 is set aside. 3. Learned counsel for the petitioner would submit that the survey sketch is prepared pursuant to the partition deed of the year 1995 (marked at Annexure-A). Thus, he would contend that the sketch could not have been set aside. 4. Learned counsel for respondent No.4 would submit that the possession of the parties is not as per sketch at Annexure-B. The parties are enjoying the property differently than what is shown in the sketch and the authorities have rightly set aside the sketch. In addition to that, he would submit that the suit is pending in O.S.No.103/2023 on the file of Additional Civil Judge and J.M.F.C., Hirekerur. - 4 - HC-KAR NC: 2025:KHC-D:14999 WP No. 100200 of 2024 5. This Court has considered the contentions raised at the Bar and perused the records. 6. Prima facie Annexure-A, the partition deed would reveal that the property allotted to the share of the petitioner is the southern portion of No.54 and northern portion is allotted to one more brother by name Kalaveeragouda and eastern portion is allotted to one more brother by name Rudragouda. 7. Under these circumstances, it appears that the sketch is according to the partition at Annexure-A. 8. Under these circumstances, the order setting aside Annexure-B, the sketch could not have been passed. 9. Whether the partition has taken place as per Annexure-A or whether the parties are in possession of properties in a different manner than what is provided in Annexure-A is a question that may be agitated before the appropriate Civil Court. 10. Keeping that question open, the impugned order is set aside. - 5 - HC-KAR NC: 2025:KHC-D:14999 WP No. 100200 of 2024 11. In case, any suit is filed challenging the partition at Annexure-A or raising a contention that the parties are not enjoying the properties as per Annexure-A, it is for the Court to decide the question based on the evidence to be placed on record. 12. Petition is allowed with the observation made above. 13. Impugned orders dated 24.11.2022 and 16.11.2023 are set aside. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 4