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2025 DAILYLAW 64232 (KAR)

SHRI NINGAPPA S/O NAGAPPA PETNEKAR v. THE STATE OF KARNATAKA

WP/105785/2025 · 2025-08-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10385 WP No. 105785 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105785 OF 2025 (LR-) BETWEEN: SHRI NINGAPPA S/O. NAGAPPA PETNEKAR, AGE: 44 YEARS, OCC. AGRICULTURE, R/O. HULTIKOTI VILLAGE, DHARWAD, TQ.DIST. DHARWAD-582205. …PETITIONER (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD DISTRICT, DHARWAD-580001. 3. THE ASSISTANT COMMISSIONER DHARWAD SUB-DIVISION, DHARWAD-580001. 4. THE TAHSILDAR DHARWAD TALUK, DHARWAD DISTRICT-580001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10385 WP No. 105785 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO. 1 TO 4 IMPLEMENT MUTATION ENTRY NO. 379 PASSED BY THE TAHSILDAR, DHARWAD IN RESPECT OF SURVEY NO. 27 MEASURING 22 ACRES 5 GUNTAS OF HULTIKOTI VILLAGE AND REFLECT THE SAME IN COLUMN NO. 9 OF THE RECORD OF RIGHTS VIDE ANNEXURE A IN THE ENDS OF JUSTICE; (B) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 4 TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS VIDE ANNEXURE B, C, D AND E AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW. 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 Additional Government Advocate accepts notice for respondents-State. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of MANDAMUS directing the respondents no. 1 to 4 implement mutation entry no. 379 passed by the Tahsildar, Dharwad in respect of Survey No. 27 measuring 22 Acres 5 Guntas of Hultikoti Village and reflect the same in column no. 9 of the record of rights vide Annexure-A in the ends of justice. b) Issue a writ of Mandamus directing the respondents 1 to 4 to consider the representations submitted by the petitioners vide - 3 - HC-KAR NC: 2025:KHC-D:10385 WP No. 105785 of 2025 annexure B, C, D And E and pass appropriate orders in accordance with law. c) Pass such other orders or directions as this Hon’ble Court deems fit in the interest of justice and equity. 3. The grievance of the petitioner is that despite respondent No.4/Tahsildar, Dharwad, having directed the entry of the names of the petitioners and carried out a mutation entry in respect of Sy.No.27, measuring 22 acres 5 guntas of Hultikoti Village, Dharwad Taluk, the same is not reflected in the record of rights. As such, the petitioner has made various representations at Annexures-B, C, D, and E, which have not been acted upon. 4. Once a mutation entry has been made, it is required that the said mutation is reflected in all other revenue documents simultaneously. In the present matter, the Tahsildar, Dharwad having carried out the mutation entry, it was for the other respondents - 4 - HC-KAR NC: 2025:KHC-D:10385 WP No. 105785 of 2025 to act on the same and pass necessary orders. The same not having been done, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondents to consider the representations of the petitioner at Annexures-B, C, D and E and pass necessary orders in accordance with them within a period of four weeks’ from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT:PA LIST NO.: 1 SL NO.: 43