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2025 DAILYLAW 65498 (KAR)

RAVINDRA S/O. MURARIRAO MUTALIK DESAI v. THE DEPUTY COMMISSIONER

WP/106949/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12411 WP No. 106949 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106949 OF 2025 (KLR-RR/SUR) BETWEEN: RAVINDRA S/O. MURARIRAO MUTALIK DESAI AGE: 75 YEARS, OCC.: AGRICULTURE, R/O.: SOMAVARPET, TILAKWADI, BELAGAVI, TQ. AND DIST.: BELAGAVI-590 001 … PETITIONER (BY SRI. AVINASH BANAKAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELAGAVI, DIST. BELAGAVI-590 001 2. THE ASSISTANT COMMISSIONER BELAGAVI, DIST. BELAGAVI-590 001 3. THE DEPUTY TAHASILDAR, SANKESHWAR, DIST. BELAGAVI-591 313 4. ANAND S/O. MAHADEV DADDIMANI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. NEKAR GALLI, HUKKERI, TQ. HUKKERI, DIST. BELAGAVI-591 313 Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12411 WP No. 106949 of 2025 5. MAULALI S/O. MALIK NADAF AGE. 45 YEARS, OCC. AGRICULTURE, R/O. SANKESHWAR, TQ. HUKKERI, BELAGAVI-591 313 … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3; SRI MRUTYUNJAYA TATA BANGI, ADVOCATE AND SRI SHEKARGOUDA M. NAGANURI, ADVOCATE FOR R4 NOTICE TO R5 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 14.08.2025 BEARING NO.RB/RTA/184/2024-25 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT 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 AGA accepts notice for respondents No.1 to 3. Notice to respondent No.5 is dispensed with in view of the proposed orders to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari quash the impugned order dated 14.08.2025 bearing - 3 - HC-KAR NC: 2025:KHC-D:12411 WP No. 106949 of 2025 No.RB/RTA/184/2024-25 passed by respondent No.1 vide ANNEXURE-E, in the interest of justice and equity. b. Issue a writ in the nature of Certiorari quash the impugned order dated 27.08.2024 bearing No.RA- 118/2024 passed by respondent No.2 vide ANNEXURE-C, in the interest of justice and equity. c. Issue a writ in the nature of certiorari quash the impugned Mutation Entry dated 27.08.2024 bearing No.M.R.T83 of Sy.No.241/*/*, Nidasosi village taluk Hukkeri passed by the Respondent No.3 vide ANNEXURE-D, in the interest of justice and equity. d. Pass any other suitable orders as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 3. The contention of the petitioner is that a relinquishment has been executed in favour of the third party to the family in respect of Sy.No.8 of Shirgaon Village, Chikodi Taluk and Sy.No.241 of Nidasosi Village Hukkeri Taluk in the office of Sub- registrar Chikodi. 4. His submission is that insofar as the property situated in Nidasosi registration could not have occurred in the office of the Sub-registrar, Chikodi. - 4 - HC-KAR NC: 2025:KHC-D:12411 WP No. 106949 of 2025 5. The petitioner has already challenged the same in OS No.382 of 2024 before the Senior Civil Judge, Hukkeri. 6. As such, he submits that the challenge which had been made by respondent No.5 to entry of the name of respondent No.4 in the revenue records was allowed by the Tahsildar and subsequently on appeal having been filed by respondent No.4 before the Assistant Commissioner, the said order came to be set aside and confirmed by the Deputy Commissioner. 7. Having considered the submissions of the learned counsel for the petitioner, the petitioner having challenged the relinquishment deed in OS No.382 of 2024, I do not find any infirmity in the order passed to Assistant Commissioner and the Deputy Commissioner virtually holding that entry shall be subject to the result of the suit in OS No.382 of 2024 8. Learned counsel for respondent No.4 would submit that respondent No.4 would not deal with, alienate or - 5 - HC-KAR NC: 2025:KHC-D:12411 WP No. 106949 of 2025 encumber the said properties. pending the resolution of the suit in OS No.382 of 2024. 9. The said submission of learned counsel for respondent No.4 would protect the property in status quo until the determination of the rights in the aforesaid suit in OS No.382 of 2024. Hence, placing the undertaking of Sri.Mrutyunjaya Tata Bangi., learned counsel for respondent No.4, the petition stands disposed of. 10. Sri.Mrutyunjaya Tata Bangi., learned counsel is permitted to file vakalathnamma to represent respondent No.4 along with Sri.Shekargouda M.Naganuri. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 30