- 1 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105633 OF 2022 (KLR-RES) BETWEEN: 1. SRI. GOVINDARAYA, S/O. NARAYANA KURDEKAR, AGE:74 YEARS, OCC: AGRICULTURIST & BUSINESS, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-581 301. 2. SRI. AJEET, S/O. JAIWANT KURDEKAR, OCC: AGRICULTURIST & BUSINESS, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-581 301. …PETITIONERS (BY SRI. SURESH S.BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR, AT: KARWAR- 580 301. 3. THE ASSISTANT COMMISSIONER, KARWAR, AT:KARWAR-580 301. 4. THE TAHASILDAR, KARWAR, AT:KARWAR-580 301. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 5. THE REVENUE INSPECTOR, SAVANTWADI HOBLI, KARWAR, AT:KARWAR-580 301. 6. THE VILLAGE ACCOUNTANT, CHITTAKULA, AT:CHITTAKULA, KARWAR-580 301. 7. SMT. SEETABAI W/O. GOVIND GOKHALE, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 8. SRI. MAHABALESHWAR S/O. NAGESH WAGH, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 9. SRI. ANANT S/O. NAGESH WAGH, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 10. SRI. MADHAV S/O. NAGESH WAGH, R/O. CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 11. SMT. LAXMI KOM. NARAYAN, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 12. SMT. RUKMINI KOM. VINAYAK, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 13. SMT. KALYANI KOM. SHANTARAM, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, - 3 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 DIST: UTTARA KANNADA-580 301. 14. SMT. HEERABAI KOM. MADHAV BALIGA, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 15. SRI. VAMAN S/O. VISHWANATH WAGH, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 16. SRI. LAXMIKANTH S/O. BALACHANDRA WAGH, R/O. CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 17. SRI. ACHYUT S/O. KASHINATH WAGH, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 18. SRI. ANIL S/O. DATTATREYA NETALEKAR, R/O: CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. 19. SMT. ASHA W/O. ANIL NETALEKAR R/O. CHITTAKULA, KARWAR, TQ: KARWAR, DIST: UTTARA KANNADA-580 301. …RESPONDENTS (BY SMT. MALA B.BHUTE, AGA FOR R1 TO R6; NOTICE TO R7 TO R19 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF CERTIORARI TO QUASH ORDER DATED 28/12/2018 PASSED BY ASSISTANT COMMISSIONER, KARWAR IN CASE NO.RTS.AP.CR.03/2014-15 VIDE ANNEXURE-G AND ORDER DATED 20/12/2020 IN NO.RP39/2019 PASSED BY DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR VIDE ANNEXURE-H AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the respondents No.1 to 6. 2. Notice to the remaining respondents is dispensed with, as they had remained absent before the Deputy Commissioner as well as Assistant Commissioner. 3. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners, assailing the order dated 28.12.2018 passed by the Assistant Commissioner, Karwar, marked as Annexure-G, and the order dated 20.12.2021 passed by the Deputy Commissioner, Karwar, marked as Annexure-H. 4. In terms of the impugned orders, the petitioners’ claim to have their names entered in the property records in respect of the property bearing Sy.No.621B/1, measuring 3 guntas out of 4 guntas 2 annas, situated at Chittakula Village of Karwar Taluk, is rejected. - 5 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 5. The Deputy Commissioner has rejected the claim on the premise that there is a delay of 45 years in making a claim. The Deputy Commissioner has also held that relevant documents are not produced to substantiate the claim. The Assistant Commissioner has also concluded that the delay is not properly explained, and no document is produced to substantiate the claim. 6. This Court has perused the records. 7. The claim of the petitioners is based on the registered Sale Deed dated 02.06.1945 in respect of portion of the property which totally measures 11 guntas 8 annas. The petitioners’ claim to have purchased a portion of the property described in the said Sale Deed. Now they seeks that their names are to be entered in respect of 3 guntas of land in Sy.No.621B/1. 8. The petitioners claim that the portion of the property purchased by them is re-numbered as 621B/1. There are no materials to substantiate the said contention. 9. It is also noticed that the extent of property said to have been sold under the aforementioned Sale Deed is not - 6 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 mentioned in the Sale Deed. However, the property sold is described with reference to boundaries mentioned in the said Sale Deed. 10. Whether the petitioners’ are having any right over the property purchased under the Sale Deed dated 02.06.1945, and whether the said property is subsequently renumbered and assigned any other number are all the question of facts. Those facts cannot be ascertained in this petition. Probably there is a need to appoint a surveyor or those facts are to be ascertained from the relevant revenue records, if any. 11. Under these circumstances, this Court is of the view that if the petitioners are having any right over the property, they must establish the same by filing an appropriate civil suit. 12. With these observations, the writ petition is disposed of. 13. This Court has not expressed anything on the merits of the petitioners’ claim or the merits of the orders passed by the Deputy Commissioner and the Assistant Commissioner. - 7 - HC-KAR NC: 2025:KHC-D:14247 WP No. 105633 of 2022 14. If the petitioners file a suit, they should implead all persons who are likely to be affected by the claim made by the petitioners and, if such suit is filed, the Court shall consider the case on its merit, without being influenced by the observations made in the orders passed by the Deputy Commissioner and Assistant Commissioner. 15. The time spent in prosecuting and proceeding before the Assistant Commissioner, Deputy Commissioner and before this Court is to be excluded in computing the limitation, if any. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh List No.: 1 Sl No.: 73