- 1 - HC-KAR NC: 2025:KHC-D:15434 WP No. 105934 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105934 OF 2018 (KLR-RR/SUR) BETWEEN: 1. SRI. SHANKAR S/O LAXMAN TORE, SINCE DECEASED R/BY HIS LR’S., 1A. PARVATI W/O SHANKAR TORE, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. OMLAR NAGAR, SINDOLI, TQ. BELAGAVI, DIST. BELAGAVI. 1B. SURESH S/O SHANKAR TORE, AGE. 53 YEARS, OCC. AGRICULTURE, R/O. OMLAR NAGAR, SINDOLI, TQ. BELAGAVI, DIST. BELAGAVI. 1C. SMT. RAJASHRI W/O LAXMAN KORE, AGE. 49 YEARS, OCC. HOUSEHOLD WORK, R/O. HOUSE NO.7, RAYAGAD COLONY, PANCHGAON ROAD, KOLAPUR, TQ. KARAVIR, DIST. KOLHAPUR, STATE: MAHARASTRA. 2. SURESH S/O LAXMAN TORE, AGE. 70 YEARS, OCC. AGRICULTURE, R/O. UCHAGAON, TQ. BELAGAVI, DSIT. BELAGAVI. … PETITIONERS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15434 WP No. 105934 of 2018 M.S. BUILDING, BENGALURU. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI. 3. THE ASSISTANT COMMISSIONER, BELAGAVI SUB-DIVISION, TQ. BELAGAVI, DIST. BELAGAVI. 4. SRI. BASAVANT S/O BABURAO TORE, SINCE DECEASED BY HIS LR’S., 4A. SUREKHA W/O BASAVANT TORE, AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. MUTGA (CT), BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI, PIN-591 124. 4B. NIKHIL S/O BASAVANT TORE, AGE. 26 YEARS, OCC. PRIVATE SERVICE, R/O. MUTGA (CT), BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI, PIN-591 124. 4C. PRIYA D/O BASAVANT TORE, AGE. 24 YEARS, OCC. PRIVATE SERVICE, R/O. MUTGA (CT), BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI, PIN-591 124. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; SRI. SHEKHARAGOUDA M. NAGANURI, ADVOCATE FOR R4A TO R4C) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 12.01.2016 IN RTS:AP:104/2012-13 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-M AND ORDER DATED 26.06.2018 IN NO.RB:RTA-89/2016-17 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-N RESPECTIVELY. - 3 - HC-KAR NC: 2025:KHC-D:15434 WP No. 105934 of 2018 THIS PETITION COMING ON FOR ORDERS, 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 as well as the Deputy Commissioner, wherein the aforementioned Authorities have passed the order under Section 136 of the Karnataka Land Revenue Act, 1964. 2. It is submitted that in respect of the very same property covered under the impugned orders, a suit in O.S.No.282 of 2018 is pending before the Senior Civil Judge, Belagavi and the suit is now set down for evidence. 3. Learned counsel for the petitioners would submit that the Assistant Commissioner has not assigned reasons for condoning the delay of 10 years while hearing the appeal on merits. Without condoning the delay by a separate order, he has condoned the delay in the final order just by holding that delay is to be condoned in the interest of justice. - 4 - HC-KAR NC: 2025:KHC-D:15434 WP No. 105934 of 2018 4. In addition to that, Sri.Shivaraj P. Mudhol would also point to the fact that the separate order sheet is not mentioned by the Assistant Commissioner in an appeal filed by the appellant and notice is issued by endorsing on the appeal memo. He would submit that such a procedure is not contemplated under the relevant Rules. 5. Learned counsel appearing for the respondents would submit that the application for condonation of delay has to be construed liberally and appeal is filed after the appellant came to know about the mutation entry which was under challenge. 6. It is submitted that names of both parties are still appearing in the record of right. Under these circumstances, this Court is of the view that the entries in the record of right shall be maintained as it is now, subject to the result of the pending suit in O.S.No.282 of 2018. 7. Hence, the following: - 5 - HC-KAR NC: 2025:KHC-D:15434 WP No. 105934 of 2018 ORDER a) The Writ Petition is disposed of. b) The observations made in the order passed by the Assistant Commissioner and the Deputy Commissioner shall not influence the Trial Court while deciding the suit. c) The suit has to be decided based on the evidence led by the parties. d) The mutation entries have to be changed as per the decree to be passed by the Trial Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 43