- 1 - HC-KAR NC: 2025:KHC-D:15146 WP No. 63361 of 2010 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 63361 OF 2010 (KLR-RES) BETWEEN: SHRI KIRAN RAMA BADAMANJI, AGED 31 YEARS,OCC: PRIVATE SERVICE, R/O. 2589, KAMAT GALLI,BELGAUM. … PETITIONER (BY SRI. SUNIL S. DESAI, ADVOCATE) AND: 1. SHRI FAKIR MEGHO TASHILDAR, AGE. MAJOR, OCC. AGRICULTURE, R/O. 2586, KAMAT GALLI, BELGAUM-590 001. 2. SMT. INDUBAI MAHADEV BACHOLKAR, AGE. MAJOR, OCC. HOUSEHOLD WORK, R/O. 2435, KAMAT GALLI,BELGAUM-590 001. 2. DEPUTY DIRECTOR, LAND RECORDS AND CITY SURVEY, BELGAUM-590 001. 4. JOINT DIRECTOR LAND RECORDS, (CITY SURVEY) NORTH ZONE, BELAGAVI, DIST. BELAGAVI-590 001. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R3 AND R4; SRI. SANTOSH S. HATTIKATAGI, ADVOCATE FOR R2; NOTICE TO R1 IS SERVED) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15146 WP No. 63361 of 2010 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER OF THE JOINT DIRECTOR OF LAND RECORDS, BELGAUM IN NO.REV/SR-39/07-08 DATED 28/01/2010 AS PER ANNEXURE-G AS ILLEGAL AND VOID. THIS PETITION COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 28.01.2010 passed by the Joint Director of Land Records - respondent no. 4. In terms of the order dated 27.08.2007 the Deputy Director of Land Records had allowed the appeal by 2nd respondent wherein the 2nd respondent who asserted the subdivision of the property bearing CTS No. 2435/B of Belagavi. 2. The entire case of the petitioner is resting on the premise that the property was jointly purchased by petitioner's grandfather – Govind Badamanji and Megho Tashildar - the grandfather of respondent no. 1 under registered sale deed dated 20.12.1993. It appears that it is a joint purchase by these two persons. - 3 - HC-KAR NC: 2025:KHC-D:15146 WP No. 63361 of 2010 3. Petitioner claims that after the death of Govind Badamanji, the name of father of petitioner Narayan Govind Badmanji was entered along with Megho Tashildar. Later, Narayan Badamanji died on 14.07.1986. 4. Learned counsel invites attention of the Court to Annexure C - the death certificate which reveals the date of death of Narayan as 14.07.1986. 5. The case of the petitioner is that an application is submitted on 25.11.1993 in the names of Narayan Govind Badmanji and Fakirappa Megho Tashildar. Petitioner contends that Narayan Govind Badmanji having died in 1986, could not have filed an application and the application at Annexure - D dated 25.11.1993 is forged by Fakirappa Megho Tashildar. Thus, it is urged that the Deputy Director of Land Records is justified in allowing the appeal and setting aside the subdivision of the property, said to have been made based on alleged application of Narayan. 6. It appears property was purchased by respondent no. 2 under registered sale deed dated 29.08.2002 from respondent no.1 and respondent No.2 filed and appeal before the Joint - 4 - HC-KAR NC: 2025:KHC-D:15146 WP No. 63361 of 2010 Director of Land Records and appeal was allowed upholding the subdivision as claimed by purchaser. 7. The contesting private respondent no. 1 - the original purchaser along with Narayan is not before the Court despite service of notice. Respondent no. 2 is duly served and represented by the counsel. 8. The statement of objection is not filed to the petition. Prima facie indication is that Narayan Govind Badamanji died in 1986. Thus, he could not have filed an application in 1993 for sub-division of the property. This being the position, the impugned order passed by the Joint Director of Land Records is liable to be set aside. 9. The Joint Director of Land Records held that the Court has no jurisdiction to decide on the issue relating to forgery. However, in this case it is prima facie noticed that Narayan Govind Badamanji died in 1986 and he could not have filed an application in 1993 for subdivision. Thus, the case is not about giving a finding on the signature of Narayan Govind Badamanji by forensic examination. 10. The question is whether Narayan Govind Badamanji died in 1986 or not? - 5 - HC-KAR NC: 2025:KHC-D:15146 WP No. 63361 of 2010 11. It is not disputed by the respondent that Narayan Govind Badamanji died in 1986. Hence the impugned order dated 28.01.2010 bearing No.Rev/SR-39/07-08 passed by the Joint Director of Land Records, Belagavi vide Annexure - G is set aside. 12. It is made clear that this Court has only indicated that Narayan Govind Badamanji has died in 1986 based on the death certificate. 13. This order only records the finding that Narayan has not filed any application for sub-division as he died in 1986 and alleged application for sub-division is filed in the name of Narayan in 1993. 14. If there is any right accrued to the parties based on the subsequent transactions/events, same may be established in the competent Court of civil jurisdiction. Accordingly, Writ Petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn CT:BCK LIST NO.: 2 SL NO.: 3