- 1 - NC: 2025:KHC-D:1361 WP No. 103366 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103366 OF 2023 (KLR-RES) BETWEEN: 1. SMT. SHOBHA SHANKARAPPA PATTAR, AGE: 58 YEARS, OCC: HOUSEWIFE, R/O. MUSHIGERI, TQ: GAJENDRAGAD, DIST: GADAG-582114. 2. SRI. RAVINDRA S/O. MANAPPA KAMMAR, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. MUSHIGERI, TQ: GAJENDRAGAD, DIST: GADAG-582114. 3. SRI. SHRIDHAR S/O. MANAPPA KAMMAR, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. MUSHIGERI, TQ: GAJENDRAGAD, DIST: GADAG-582114. …PETITIONERS (BY SRI. SRINIVAS NADUMANI, ADVOCATE FOR SRI. SURESH SHETTEMMANAVAR, ADVOCATE) AND: 1. THE REGIONAL JOINT DIRECTOR OF LAND RECORD BELAGAVI, DIST: BELAGAVI-590001. 2. THE THASILDAR, (SURVEY DEPARTMENT), RON, DIST: GADAG-582114. 3. DEPUTY DIRECTOR OF LAND RECORDS, GADAG-582114. 4. SRI. PRABHAKAR S/O. HANAMANTHAPPA CHINI, AGE: 61 YEARS, OCC: RETD. EMPLOYEE, R/O. MUSHIGERI, TQ: GAJENDRAGAD, DIST: GADAG-582114. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1361 WP No. 103366 of 2023 5. SRI. NINGAPPA S/O. DYAMANNA KAMMAR, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. MUSHIGERI, TQ: GAJENDRAGAD, DIST: GADAG-582114. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; SRI. S.R. KAMATE, ADVOCATE FOR R4; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 28/04/2023 PASSED IN CASE NO. SL.NO.REV/SURVEY/PHODI/SR-159/2022-23 PASSED BY RESPONDENT NO.1 AS PER ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue writ in the nature of Certiorari quashing the order dated 28/04/2023 passed in Case No. Sl.No. REV/SURVEY/PHODI/SR-159/2022-23 passed by Respondent no.1 as per Annexure-F in the interest of justice and equity. b. Issue any other incidental and consequential direction as this Hon’ble Court deems fit to grant in the fact and circumstances of the case and in the aid main relief sought for. - 3 - NC: 2025:KHC-D:1361 WP No. 103366 of 2023 2. The land in Survey No.125/1A measuring 4 acres 6 guntas situated in Mushigeri village, Gajendragad taluk, belongs to the grandfather of the petitioner and respondent No. 5 and their brothers. Due to many of them expiring, many changes were made in the revenue records. Contending that the petitioners are in possession of certain lands, as regards which an entry has been made in favor of respondent No.5, the petitioners challenging the hissa document in respect of Survey No.125/A, 1B, 3 and 4, preferred an appeal before the DDLR, who rejected the appeal. 3. The petitioners filed Revision Petition before the Regional Joint Director of Land Records, who allowed the revision petition, set aside the hissa document, and remanded the matter for fresh measurement and preparing the hissa document. Challenging the same, the petitioners are before this Court. 4. The ownership of the properties is not in dispute. The expiry of several persons who were earlier the - 4 - NC: 2025:KHC-D:1361 WP No. 103366 of 2023 owners is also not in dispute. Thereafter, there have been certain partitions and documents entered into between the parties, dividing the properties among themselves. The contention being that the entries made in said document by respondent No.3 not being proper, the RJDLR, by accepting the Revision Petition, has remanded the matter to the DDLR for carrying out fresh survey based on the documents which are furnished by all the persons, who have an interest in Survey No.125. I do not find any infirmity in the same. 5. Both the petitioners and respondents No.4 and 5, as also any other person interested in the said property, would have to be issued notice by the DDLR and after receiving any documents that the parties may furnish, considering the said documents, carry out survey, fix the boundaries, and make necessary entries in the hissa podi document. - 5 - NC: 2025:KHC-D:1361 WP No. 103366 of 2023 6. With the above observations, the petition stand disposed of. 7. In view of disposal of the main petition, pending I.As., if any, stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 25