- 1 - HC-KAR NC: 2025:KHC-D:9999-DB WA No. 100104 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL WRIT APPEAL NO. 100104 OF 2025 (KLR-RR/SUR) BETWEEN: 1. RAMESH BHIMAPPA AVARADI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. SALAPUR, TAL. RAMDURG, DIST. BELAGAVI-591123. 2. RAVINDRA BHIMAPPA AVARADI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. SALAPUR, TAL. RAMDURG, DIST. BELAGAVI-591123. 3. VIJAYKUMAR BHIMAPPA AVARADI, AGE: 49 YEARS, OCC: AGRICULTURE, R/O. SALAPUR, TAL. RAMDURG, DIST. BELAGAVI-591123. - APPELLANTS (BY SRI. VIJAY K. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, BAILHONGAL, DIST. BELAGAVI-591102. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:9999-DB WA No. 100104 of 2025 4. THE TAHSILDAR, RAMDURG, DIST. BELAGAVI-591123. 5. THE VILLAGE ACCOUNTANT, CHANDARGI, TQ. RAMDURG, DIST. BELAGAVI-591114. 6. BASAPPA IRAPPA VAJRAWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. SALAPUR, TAL. RAMDURG, DIST. BELAGAVI-591123. 7. SHIVAPPA IRAPPA VAJRAWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. SALAPUR, TAL. RAMDURG, DIST. BELAGAVI-591123. 8. SOMALINGESHWAR IRAPPA VAJRAWAD, AGE: MAJOR, OCC: AGRICULTURE, R/O. SALAPUR, TAL. RAMDURG, DIST. BELAGAVI-591123. 9. RUKMAVVA W/O. BHIMAPPA AVARADI, AGE: MAJOR, OCC: AGRICULTURE, R/O. LOKAPUR, TQ: LOKAPUR, DIST. BAGALKOT-587122. HANUMANTAPPA @ HANAMANT VAJRAWAD, SINCE DECEASED BY HIS LRS. 10. ROOPA HANUMANTAPPA @ HANAMANT VAJRAWAD AGE: MAJOR, OCC: HOUSEHOLD, R/O. SAPTASAGAR, TAL: ATHANI, DIST: BELAGAVI-591304. 11. KASHINATH HANUMANTAPPA @ HANAMANT VAJRAWAD, AGE: 10 YEARS, OCC: HOUSEHOLD, R/O. SAPTASAGAR, TAL: ATHANI, DIST: BELAGAVI-591304. 12. PAVAN HANUMANTAPPA @ HANAMANT VAJRAWAD AGE: 8 YEARS, OCC: HOUSEHOLD, R/O. SAPTASAGAR, TAL: ATHANI, DIST: BELAGAVI-591304. (AS THE RESPONDENT NOS. 11 & 12 ARE MINORS, THEY ARE R/BY THEIR NATURA GAURDIAN MOTHER I.E., RESPONDENT NO.10) - RESPONDENTS (BY SRI. V. S. KALASURMATH, AGA FOR R1 TO R5) - 3 - HC-KAR NC: 2025:KHC-D:9999-DB WA No. 100104 of 2025 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 28.08.2024 PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION NO.102006/2016 (KLR-RR/SUR) AND ALLOW THE WRIT PETITION BY ALLOWING THE INSTANT WRIT APPEAL HEREIN AND ETC. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal has been filed by the petitioners in the writ petition assailing the validity of the order in W.P. No. 102006/2016. Parties are referred to by their ranking in the writ proceedings for the purpose of convenience. 2. The writ petition was filed calling in question the order passed at Annexure-D, mutation entry at Annexures A and B. It is to be noticed that the challenge to the mutation entries was made raising several grounds including that the sale deed contained interest of a minor and could not have conveyed the title. The learned Single - 4 - HC-KAR NC: 2025:KHC-D:9999-DB WA No. 100104 of 2025 Judge by a detailed order has disposed of the writ petition in terms of observation at paragraph No.5 which reads as follows: “Suffice it to note that, one Rukmavva wife of Bhimappa Avaradi – respondent No.9 sold the land i.e., Sy.No.308/2 measuring 10 Acres 07 Guntas of Salapur village in Ramdurg Taluk of Belagavi District in favor of Erappa Rachappa Vajrawad, the father of respondents 6, 7 and 8 and accordingly his name was certified and mutated in M.R.No.2078 on 06.11.1979. After a lapse of almost thirty-five years, the children of Rukmavva questioned the certification of mutation entry before the Assistant Commissioner. The Assistant Commissioner vide order dated 26.07.2014 allowed the appeal and set aside the mutation entry. Before the Deputy Commissioner, one of the contentions raised was that the sale had affected minor interest. The Deputy Commissioner vide order dated 17.12.2015 disposed of the revision holding that the validity of the sale deed may be agitated before the Civil Court. The conclusion and the finding so arrived at by the Deputy Commissioner is just and proper. I find no grounds to interfere with the order of the Deputy Commissioner and accordingly, the Writ Petition is rejected.” 3. It is to be noticed that the contention of the petitioner is one that requires adjudication before appropriate forum and cannot be decided in revenue proceedings as the mutation entry was affected pursuant - 5 - HC-KAR NC: 2025:KHC-D:9999-DB WA No. 100104 of 2025 to a sale deed. In light of the above, we find no reason to interfere with the order of the learned Single Judge. We affirm the order of the learned Single Judge while reserving liberty to the petitioner to seek for substantive remedy insofar as validity of the sale deed if sought to be raised, as is permissible in law. Needless to state that the petitioner upon approaching the Civil Court and adjudication when made, the revenue entries made and standing at present, would be subject to outcome of such adjudication. Pending applications also stand disposed off in light of disposal of the main matter. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV /CT-AN List No.: 1 Sl No.: 7