MR DATTATRAY @ DATTA S/O. PUNDALIK BHATKHANDE v. STATE OF KARNATAKA
WP/104238/2025 · 2025-10-16
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 60819 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 60819 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14004 WP No. 104238 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104238 OF 2025 (KLR-RR/SUR) BETWEEN:
1. MR. DATTATRAY @ DATTA S/O. PUNDALIK BHATKHANDE, AGE: 72 YEARS, OCC: BUSINESS, R/O. SOMAWAR PETH, TILAKWADI, BELAGAVI-590006. 2. MR. JAGADISH S/O. PUNDALIK BHATKHANDE, AGE: 70 YEARS, OCC: BUSINESS, R/O. CCB NO.52, SOMAWAR PETH, TILAKWADI, BELAGAVI-590006. 3. MR. SHIRISH S/O. ZUNZAR BHATKHANDE, AGE: 53 YEARS, OCC: BUSINESS, R/O. BEHIND REX TALKIES, H.NO.959, KALI AMBRAI BELAGAVI-590001. 4. MR. GIRISH S/O. ZUNZAR BHATKHANDE, AGE: 58 YEARS, OCC: BUSINESS, R/O. BEHIND REX TALKIES, H.NO.959, KALI AMBRAI, BELAGAVI-590001. 5. MR. MAYUR S/O. ZUNZAR BHATKHANDE, AGE: 55 YEARS,OCC: BUSINESS, R/O. BEHIND REX TALKIES, H.NO.959, KALI AMBRAI, BELAGAVI-590001. 6. SMT. RATHANAMAL W/O. ZUNZAR BHATKHANDE, AGE: 71 YEARS, OCC: HOUSEHOLD, R/O. BEHIND REX TALKIES, H.NO.959, KALI AMBRAI, BELAGAVI-590001. 7. MR. PANKAJ BALKRISHNA BHATKHANDE, AGE: 59 YEARS, OCC: BUSINESS, R/O. #431ST CROSS, OPP. MAHADEV GARDEN, HINDAWADI, BELAGAVI-590011. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:08 +0100
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HC-KAR NC: 2025:KHC-D:14004 WP No. 104238 of 2025
8. NANDA W/O. PRATAP BHATKANDE, AGE: 76 YEARS, OCC: HOUSEHOLD, R/O. BHATKANDE BUILDING, MG. ROAD, HINDU NAGAR, TILAKWADI, BELAGAVI-590006. 9. RAHUL S/O. PRATAP BHATKANDE, AGE: 56 YEARS, OCC: BUSINESS, R/O.BHATKANDE BUILDING, MG. ROAD, HINDU NAGAR, TILAKWADI, BELAGAVI-590006. …PETITIONERS (BY SRI. PRASHANT F. GOUDAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M. S. BUILDING, BANGALORE. 2. THE DEPUTY COMMISSIONER, D.C. COMPOUND, BELAGAVI-590001. 3. THE ASSISTANT COMMISSIONER, D.C. COMPOUND, BELAGAVI-590001. 4. THE TAHSILDAR, KACHERI GALLI, KHADE BAZAR, RAVIWAR PETH, BELAGAVI-590001. 5. POONA CATHOLIC EDUCATION ASSOCIATION, PRIVATE LIMITED, REPRESENTED BY ITS DIRECTOR, ST.VINCENT STREET, PUNE, MAHARASHTRA, INDIA-411001. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4;
SRI. AKSHAY KATTI, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS SEEKING DIRECTIONS TO THE RESPONDENT NO. 2 TO RESTORE THE NAMES OF THE PETITIONERS IN CULTIVATOR’S COLUMN AND NAMES OF THE RESPONDENT NO. 5 IN THE COLUMN OF THE OWNERS IN SURVEY NO. 107, SURVEY NO. 43/2, SURVEY NO. 44/2, SURVEY NO.
103, SURVEY NO.105 AND SURVEY NO.106 SITUATED AT WAGHVADE VILLAGE, BELAGAVI TALUKA, BELAGAVI DISTRICT, PURSUANT TO THE REPRESENTATIONS GIVEN BY THE PETITIONERS VIDE ANNEXURE-‘H’ AND ‘K’ DATED 10.04.2025 AND 17.04.2025 RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14004 WP No. 104238 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed seeking writ of mandamus to direct respondent No.2 to restore the petitioners’ name in Column No.11 of the property record of Sy.Nos.107, 43/2, 44/2, 103, 105 and 106 at Waghawade Village, Taluk Belagavi pursuant to the representations made vide Annexures-H and K dated 10.04.2025 and 17.04.2025 respectively. 2. The claim is based on the premise that earlier to the
order dated 03.08.1998, petitioners’ name was recorded in Column No.11 of the RTC of the aforementioned properties. The
order dated 03.08.1998 was called in question in W.P.No.18325/2005 and same was allowed vide order dated 07.12.2021 is quashed in respect of aforementioned properties. The representations are not yet considered.
3.
Learned counsel for respondent No.5 submits that it has entered into an agreement for sale with the petitioner and accordingly name of the petitioner was found in Column No.11 of the record of right.
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HC-KAR NC: 2025:KHC-D:14004 WP No. 104238 of 2025
4. Learned Government Advocate does not dispute the
order dated 07.12.2021 in W.P.No.18325/2005.
5. This being the position, the entries in the record of rights as it stood before 03.08.1998 have to be restored. Accordingly, the writ petition is allowed.
6. Respondent No. 2 is directed to restore the names in the property records referred to above as it stood immediately prior to the order dated 03.08.1998.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
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