- 1 - HC-KAR NC: 2025:KHC-D:11811 WP No. 106656 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106656 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. TANGEMMA @ TUNGEMMA D/O. YANKAPPAYYA SARDESAI, AGE: 75 YEARS, HOUSEHOLD WORK, R/O. YALABUNACHI, TALUK: KUSHTAGI, DIST. KOPPAL-583277. REPRESENTED BY HER SPECIAL POWER ATTORNEY HOLDER, SRI. VENKAPPAYYA S/O. GOPALAKRISHNAPPAYYA SARDESAI, AGE: 50 YEARS, OCC. AGRICULTURE R/O. YALABUNACHI, TALUK: KUSHTAGI, DIST. KOPPAL-583277. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER KOPPAL, DIST. KOPPAL-583231. 3. THE ASSISTANT COMMISSIONER KOPPAL, DIST. KOPPAL-583231. 4. THE TAHASILDAR Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11811 WP No. 106656 of 2025 KUSHTAGI TALUK, KUSHTAGI, DIST. KOPPAL-583231. 5. THE REVENUE INSPECTOR HANAMASAGAR TALUK, KUSHTAGI, DIST. KOPPAL-583231 …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED MUTATION IN ME NO.26/1982 DATED 06.07.1982 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-C. B) A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE 3RD RESPONDENT IN APPEAL NO.RA/381/2025/628/1977 DATED 17-06-2025 VIDE ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: a. A writ in the nature of certiorari to quash the impugned mutation in ME No.26/1982 dated 06.07.1982 passed by the 4th respondent vide ANNEXURE-C. b. A writ in the nature of certiorari to quash the impugned order passed by the 3rd respondent - 3 - HC-KAR NC: 2025:KHC-D:11811 WP No. 106656 of 2025 in Appeal No.RA/381/2025/628/1977 dated 17- 06-2025 vide ANNEXURE-J. c. Any other writ or direction from this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. 3. The petitioner is aggrieved by the order dated 17.06.2025 passed by the respondent No.3 – Assistant Commissioner at Annexure-J. 4. The said appeal was filed before the Assistant Commissioner challenging the impugned mutation dated 06.07.1982 at Annexure-C. A perusal of the order of the Assistant Commissioner indicates that the Assistant Commissioner has directed the petitioner to approach this Court to seek for appropriate relief. Such an order could not have been passed by the Assistant Commissioner. The Assistant Commissioner was required to pass an order in the said matter and if the order was subject to any proceedings before the High Court to indicate so. Instead of doing so, the - 4 - HC-KAR NC: 2025:KHC-D:11811 WP No. 106656 of 2025 Assistant Commissioner has directed the petitioner to approach this Court, which the petitioner has done. 5. In that view of the matter, I pass the following: ORDER i) Petition is allowed. ii) The order dated 17.06.2025 at Annexure-J is quashed. iii) The matter is remitted to the respondent No.3 - Assistant Commissioner, to pass necessary orders in accordance with law, within a period of 4 weeks from the date of receipt of a copy of this order. iv) IA No.1/2025 is allowed. Production of certified copy of Annexure-C is dispensed with. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa, List No.: 1 Sl No.: 50