- 1 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 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. 101899 OF 2025 (KLR-RES) BETWEEN: 1. SRI. YESHWANT S/O KALLAPPA HANCHANALE, AGE: 71 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. 2. SRI. MAHADEV S/O KALLAPPA HANCHANALE, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. 3. SRI. MAHARUDRA S/O KALLAPPA HANCHANALE, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. 4. SRI. SURESH S/O KALLAPPA HANCHANALE AGE: 60 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. 5. SRI. DEELIP S/O KALLAPPA HANCHANALE, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. 6. SMT. LEELAVATI W/O BHIMAGOUDA PATIL, AGE: 62 YEARS, OCC: AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:32:52 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 R/O: KERUR, TQ. CHIKKODI, DIST: BELAGAVI-591 213. 7. SMT. LALITA W/O SUBHASH JEGOJE, AGE: 57 YEARS, OCC: AGRICULTURE, R/O: ANKALI, N/A SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. … PETITIONERS (BY SRI. ANIL KALE, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI-590 001. 2. THE ASSISTANT COMMISSIONER, CHIKKODI, DIST: BELAGAVI-591 201. 3. THE TAHASILDAR, CHIKKODI, DIST: BELAGAVI-591 201. 4. THE POLICE INSPECTOR, CHIKKODI POLICE STATION, DIST: BELAGAVI-591 201. 5. APPASAB S/O BABU HANCHANALE, AGE: 78 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. SADASHIV S/O BABU HANCHANALE, SINCE DECEASED BY HIS LR’S., 6. KIRAN S/O SADASHIV HANCHANALE, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, - 3 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 DIST: BELAGAVI-591 239. 7. SANDEEP S/O SADASHIV HANCHANALE, AGE: 31 YEARS, OCC: AGRICULTURE, R/O: SADALAGA, TQ. CHIKKODI, DIST: BELAGAVI-591 239. 8. JAMBU SHANKAR KHOT, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: RAJAPURWADI, TQ. SHIROL, DIST: KOLHAPUR-416 108, STATE: MAHARASTRA. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; SRI. SANTOSH B.KNAL, ADVOCATE FOR R5 TO R7; SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO ENTER THE NAMES OF THE PARTIES IN TERMS THE FINAL DECREE PASSED IN FDP NO.3/2012 IN RESPECT OF THE LANDS IN R.S. NO.1092 MEASURING 9 ACRES AND R.S. NO.892 MEASURING 2 ACRES 20 GUNTAS OF SADALAGA VILLAGE, CHIKKODI TALUKA, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4TH RESPONDENT TO PROVIDE POLICE PROTECTION TO THE PETITIONERS AND TO ACT IMPARTIALLY IN THE CRIME REGISTERED INPERSUANCE TO THE PRIVATE COMPLAINT IN PCR NO.391/2024. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the order passed in F.D.P.No.03/2012 by the Principal Senior Civil Judge, Chikkodi, rejecting the petitioners’ application to enter the petitioners’ name in the property records pursuant to the final decree passed by the Civil Court. 3. The contesting respondents filed objections to the said application, on the premise that they had filed a suit for partition in O.S.No.316/2022, claiming partition in the properties, including the properties which are subject matter of the final decree. 4. Pursuant to the objections filed by the contesting respondents, the Tahsildar proceeded to hold enquiry, and consequently, dismissed the application on the premise that the civil suit was pending. - 5 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 5. Being aggrieved by this, the petitioners have approached this Court. 6. Learned counsel appearing for contesting respondents raised a preliminary objection on the ground that the order passed by the Tahsildar is appealable before the Assistant Commissioner under Section 136 of the Karnataka Land Revenue Act, 1964. In the normal course, this Court would have directed the petitioners to approach the Assistant Commissioner. However, it is noticed that the application was filed pursuant to the final decree drawn in F.D.P.No.3/2012, which was initiated in pursuance of the preliminary decree passed in RFA No.100105/2024. 7. Thus, this Court is of the view that the impugned order passed by the Tahsildar is illegal, and proper course for the Tahsildar was to certify the mutation entry based on the final decree. 8. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 ORDER a) The writ petition is allowed. b) *Impugned orders dated 05.03.2025 passed by respondent No.3 marked at Annexures-K and K1, are quashed. c) It is made clear that merely because there is an entry in the name of the petitioners pursuant to the final decree that should not be seen as having expressed opinion on the merits of the claim of the contesting respondents, if any, in O.S.No.316/2022 on the file of Principal Senior Civil Judge, Chikkodi. d) The said suit shall be decided without being influenced by the order passed in the writ petition and the order passed by the Tahsildar. *Corrected vide Court Order dated 01.12.2025. (ARHJ) - 7 - HC-KAR NC: 2025:KHC-D:15041 WP No. 101899 of 2025 e) The Tahsildar shall comply the order by entering the names of the parties in the property records pursuant to the decree within 30 days from the receipt of copy of this order. f) All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 58