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2025 DAILYLAW 64694 (KAR)

TIPPAVVA W/O. DUNDAPPA MARENNAVAR, v. THE DEPUTY COMMISSIONER, BELAGAVI

WP/108729/2025 · 2025-11-20

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15979 WP No. 108729 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108729 OF 2025 (KLR-RR/SUR) BETWEEN: 1. TIPPAVVA W/O. DUNDAPPA MARENNAVAR, DEAD LR’S ARE ALREADY RECORD. RENUKA W/O. BALAPPA BOOSHI, AGE. 53 YEARS, OCC. HOMEMAKER, R/O. PANCHANAYAKAHATTI-591 307, TQ. GOKAK, DIST. BELAGAVI. 2. LAKKAVVA W/O. HANAMANTH MAKKALAGERI, AGE. 40 YEARS, OCC. HOMEMAKER, R/O. MAMADAPUR-591 233, TQ. GOKAK, DIST. BELAGAVI. 3. NAGAPPA S/O. LAXMAPPA MARENNAVAR, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. PANCHANAYAKAHATTI-591 307, TQ. GOKAK, DIST. BELAGAVI. 4. RAJU S/O. DUNDAPPA MARENNAVAR, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. PANCHANAYAKAHATTI-591 307, TQ. GOKAK, DIST. BELAGAVI. … PETITIONERS (BY SRI. CHANNABASAVARAJ S. SHETTAR, ADVOCATE) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.22 11:20:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15979 WP No. 108729 of 2025 AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI, DC OFFICE COMPLEX, BELAGAVI-591 001. 2. THE ASSISTANT COMMISSIONER, BAILHONGAL, AC OFFICE COMPLEX, BAILHONGAL-591 102. 3. THE TAHASILDAR, GOKAK-583 307, TQ. GOKAK, DIST. BELAGAVI. 4. LAKKAVVA NINGAPPA MARENNAVAR, SINCE DECEASED BY LR’S., MAHADEV S/O. BHIMAPPA MARENNAVAR, AGE. 58 YEARS, OCC. AGRICULTURE, PANCHANAYAKAHATTI-591 307, TQ. GOKAK, DIST. BELAGAVI. 5. SAVAKKA MAHADEV MARENNAVAR, AGE. 55 YEARS, OCC. AGRICULTURE, PANCHANAYAKAHATTI-591 307, TQ. GOKAK, DIST. BELAGAVI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS PASSED BY RESPONDENT NO.1 UNDER RB/RTA- 355/2022-23 DATED 21-12-2023 VIDE ANNEXURE-E AND THE ORDER PASSED BY RESPONDENT NO.2 IN R.A. 14/2021 DATED 12-07-2022 VIDE ANNEXURE-D CONFIRMING THE ORDER PASSED BY RESPONDENT NO.3 ENTERING NAME OF RESPONDENT NO.4 IN THE RECORD OF RIGHTS IN RESPECT OF LAND HAVING SY. NO.157/3 TO THE EXTENT OF 6 ACRES 4 GUNTAS SITUATE AT PANCHANAYAKANAHATTI, GOKAK UNDER MR H. NO.22 DATED 12-11-2020 VIDE ANNEXURE-C1, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2025:KHC-D:15979 WP No. 108729 of 2025 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) Learned Additional Government Advocate accepts notice on behalf of respondents No.1 to 3. 2. This petition is filed assailing the mutation certified based on settlement between respondents No.4, 5 and one Smt. Lakkavva Ningappa Marennavar. 3. Learned counsel for the petitioners submits that the petitioners had filed a suit in O.S.No.170/2017 for partition and separate possession in respect of the properties covered by the impugned order. It is the submission that the suit is dismissed. Appeal in R.A.No.243/2019 is also dismissed and the Regular Second Appeal in RSA No.100626/2020 is pending consideration. 4. Learned counsel for the petitioners would further submit that the mutation could not have been certified in - 4 - HC-KAR NC: 2025:KHC-D:15979 WP No. 108729 of 2025 view of the pendency of the Regular Second Appeal before this Court. 5. The Court is not impressed. As of now, the judgment would indicate that the petitioners have no right over the properties in dispute. If the petitioners succeed in the Regular Second Appeal, impugned mutations will have to be changed and set-aside pursuant to the decree to be passed by the Court in pending Regular Second Appeal. 6. Under these circumstances, the writ petition is not maintainable and accordingly, stands dismissed. 7. It is made clear that dismissal of the writ petition should not be construed as having expressed any opinion on the pending Regular Second Appeal. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 35