- 1 - HC-KAR NC: 2025:KHC-D:15140 WP No. 103844 of 2023 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. 103844 OF 2023 (KLR-RR/SUR) BETWEEN: 1. BASWANT BALKRISHNA @ BALAPPA PATIL, AGE. 58 YEARS, OCC. AGRICULTURE, R/O. GOKAK ROAD, KHANAGAON K.H., TAL. AND DIST. BELAGAVI. 2. MARUTI BALKRISHNA @ BALAPPA PATIL, AGE. 55 YEARS, OCC. SERVICE AND AGRICULTURE, R/O. GOKAK ROAD, KHANAGAON K.H., TAL. AND DIST. BELAGAVI. … PETITIONERS (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI, D.C. COMPOUND, BELAGAVI-590 001. 2. THE ASSISTANT COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI SUB DIVISION, COURT COMPOUND, BELAGAVI-590 001. 3. THE TAHASILDAR BELAGAVI, DIST. BELAGAVI, RISALDAR GALLI, BELAGAVI-590 001. 4. THE REVENUE INSPECTOR, AT POST: HIRE BAGEWADI, TAL. AND DIST. BELAGAVI-591 109. 5. THE VILLAGE ACCOUNTANT, KHANGAON K.H., BELAGAVI-590 016. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.20 12:45:40 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15140 WP No. 103844 of 2023 6. SHRI VISHNU S/O BASVANT BELGAONKAR, AGE. 67 YEARS, OCC. PRIVATE SERVICE, KHANAGAON K.H., TAL. AND DIST. BELAGAVI-590 016. 7. SMT. CHAYA W/O MALHARI BELGAONKAR, AGE. 62 YEAR, OCC. HOUSEHOLD, KHANAGAON K.H., TAL AND DIST. BELAGAVI-590 016. 8. SMT. MADHURI NAGESH PATIL, AGE. 42 YEARS, OCC. HOUSEHOLD, AT POST: ASTE VILLAGE, TAL. AND DIST. BELAGAVI-590 016. 9. SHRI SHARAD S/O MALHARI BELGAONKAR, AGE. 37 YEARS, OCC. SERVICE, KHANAGAON K.H., TAL. AND DIST. BELAGAVI-590 016. 10. SHRI SHEKHAR S/O MALHARI BELGAONKAR, AGE. 37 YEARS, OCC. SERVICE, KHANAGAON K.H., TAL. AND DIST. BELAGAVI-590 016. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5; SRI. RAVIKUMAR GOKAKAR, ADVOCATE FOR R7, R8 AND R10; NOTICE TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT THE ORDER DATED 22.03.2022 PASSED IN RB/RTA/145/2017-18 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-‘E’, ORDER BEARING NO. RTS/AP-122/2002 DATED. 10.12.2004 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-‘C’ AND CONSEQUENTLY SET-ASIDE THE M. R H8/2012-13 DATED 03.01.2013 VIDE ANNEXURE-‘D’ AND M.R. NO. H2/12.13 DATED 10.12.2002 VIDE ANNEXURE-‘D1’. - 3 - HC-KAR NC: 2025:KHC-D:15140 WP No. 103844 of 2023 THIS PETITION COMING ON FOR PRELIMINARY 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 passed by the Assistant Commissioner in exercise of power under Section 136 (2) of the Karnataka Land Revenue Act, 1964 and also the order passed by the Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964. 2. Learned counsel for the petitioners submits that before the Assistant Commissioner passed the impugned order, their names were entered in the property records and without they being made parties to the proceeding, appeal is allowed and revision filed by the petitioners challenging the said order is dismissed. 3. This Court has noticed that in terms of Annexure - B, petitioners names were found in the property records. Under these circumstances, the petitioners are also necessary parties to the proceeding before the Assistant Commissioner. - 4 - HC-KAR NC: 2025:KHC-D:15140 WP No. 103844 of 2023 4. It is further stated that there was no application filed before the Assistant Commissioner to condone the delay in setting-aside the mutation entry number 965 which was certified in the year 1987. 5. Hence the following: ORDER (i) The Writ Petition is disposed. (ii) The impugned order dated 22.03.2022 passed by the Deputy Commissioner bearing No.RB/RTA- 145/2017-18 vide Annexure – E, order dated 10.12.2004 passed by the Assistant Commissioner bearing No.RTS/AP-122/2002 vide Annexure – C, the orders dated 10.12.2002 and 03.01.2013 vide M.R.Nos.H2/12.13 (Annexure – D1) and M.R.No.H8/2012-13 (Annexure – D) are set aside. (iii) The matter is remitted to the Assistant Commissioner for fresh consideration in accordance with law. (iv) Petitioners shall be made parties to the said proceeding. (v) Assistant Commissioner shall also consider the contention relating to delay in filing the appeal. - 5 - HC-KAR NC: 2025:KHC-D:15140 WP No. 103844 of 2023 (vi) It is made clear that nothing is expressed on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn CT:BCK LIST NO.: 1 SL NO.: 59