- 1 - HC-KAR NC: 2025:KHC-D:14848 WP No. 107656 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107656 OF 2023 (SCST) BETWEEN: SRI. H. VEERESH S/O LATE H. GAVISIDDAPPA, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. 16 WARD, NEAR AIRTEL TAWAR, SANDUR TOWN, BALLARI-583 119. … PETITIONER (BY SRI. G.D. PATIL, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, BALLARI, PIN-583 101. 2. THE TAHSILDAR, SANDUR, SANDUR, DIST. BALLARI, PIN-583 119. 3. SMT. TALAWAR BASAMMA W/O NAGENDRAPPA S/O TALAWAR MAREPPA, AGE. 56 YEARS, OCC. HOUSEHOLD WORK, R/O. NARAYANPUR VILLAGE, DAVEGERI POST, TQ. SANDUR, DIST. BALLARI, PIN-583 119. … RESPONDENTS (BY SRI. ANAND R. KOLLI, ADVOCATE FOR R3; SRI. PRAVEEN K. UPPAR, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 17.02.2022 BEARING NO.¸ÀA.PÀAzÁAiÀÄ/¦n¹J¯ï/06/2017-18 PASSED BY THE RESPONDENT NO.1 AUTHORITY MARKED AS ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14848 WP No. 107656 of 2023 THIS 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) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 17.02.2022 passed by the Assistant Commissioner, Ballari, in exercise of power under Section 5(1)(b) of the Karnataka Schedule Caste and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 19781. 2. The petitioner claims that the property was granted to one Talawar Mareppa on 17.07.1978, and he executed a Will in his favour of the petitioner on 11.06.2009. Talawar Mareppa died in the year 2010. It is the case of the petitioner that, after the death of Talawar Mareppa, his name was entered in the property records based on the aforementioned Will. 3. It is stated that respondent No.3, who claims to be the daughter-in-law of Talawar Mareppa, filed an appeal before the Assistant Commissioner challenging the entry made favour of 1 Hereinafter referred to as the ‘Act of 1978’ - 3 - HC-KAR NC: 2025:KHC-D:14848 WP No. 107656 of 2023 the petitioner. The Assistant Commissioner, in terms of the impugned order, has set aside the mutation entry and directed that the name of the natural heir of Talawar Marappa be entered in the property records. In the impugned order, the Assistant Commissioner has held that execution of a Will is barred under the provisions of Act of 1978. 4. This Court is of the view that execution of Will is not barred under Section 4 of Act of 1978. The execution of Will does not amount to transfer, it amounts to testamentary succession. Hence, the impugned order is liable to be set aside. 5. Learned counsel for respondent No.4 would submit that the order passed by the Assistant Commissioner is appealable. 6. This Court is of the view that, though an appeal is provided, the petitioner's right based on the alleged execution of Will has to be adjudicated by a Competent Civil Court. 7. The case does not fall under Section 4 of Act of 1978, as such, the order is without jurisdiction. Hence, notwithstanding the availability of the appellate remedy, in the peculiar facts and - 4 - HC-KAR NC: 2025:KHC-D:14848 WP No. 107656 of 2023 circumstances of this case, the writ petition is entertained. Hence, the following: ORDER a) The writ petition is allowed. b) The order dated 17.02.2022 passed by the Assistant Commissioner in exercise of power under Section 5(1)(b) of The Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, is quashed. c) The petitioner shall establish his right over the property based on the alleged Will dated 17.07.1978 by impleading all the heirs of Talawar Mareppa, who acquired the right in the absence of Will. d) It is stated that the Talawar Mareppa died issueless and was unmarried. Thus, the - 5 - HC-KAR NC: 2025:KHC-D:14848 WP No. 107656 of 2023 Class-II heirs of Talawar Mareppa are to be made parties to the said suit. e) The Civil Court shall decide the case based on the evidence placed before it, and in case the execution of Will is found to be proved, then there shall be an appropriate decree to that effect. In case the execution of Will is not proved, the property would go to the Class-II heirs of Talawar Mareppa. f) It is made clear that this Court has not expressed any opinion on the Will said to have been executed by Talawar Mareppa. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 52