- 1 - NC: 2025:KHC-D:3545 WP No. 105665 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105665 OF 2024 (KLR-RES) BETWEEN: SULTHANSHAH S/O SHABODDIN DAFEDAR, AGED ABOUT 59 YEARS R/AT AWATI GALLI, MUDHOL ROAD JAMAKHANDI BAGALKOT DISTRICT 587301. …PETITIONER (BY SRI. RAJASHEKAR S. & SRI. SIDDAPPA SAJJAN., ADVOCATES) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, DR. B .R AMBEKDAR VEEDHI, BENGALURU 560 001 REP BY ITS COMMISSIONER 2. THE ASSISTANT COMMISSIONER, JAMAKHANDI SUB-DIVISION, NEAR SBM BANK, JAMAKANDI BAGALKOT DISTRICT 587301 3. THE TASHILDAR, JAMAKHANDI TALUK TALUK OFFICE, BAGALKOT DISTRICT 587301 4. THE ASSISTANT DIRECTOR OF LAND RECORDS JAMAKHANDI RABAKAVI-BANAHATTI BAGALAKOT DISTRICT 587301 …RESPONDENTS (BY SRI. M.M. KHANNUR., AGA FOR R1 TO R4) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.28 12:41:37 +0530 - 2 - NC: 2025:KHC-D:3545 WP No. 105665 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT DATED. 18-03-2024 BEARING NO. BHU DA SA NI/JKD/OTHERS/S.R-92/2021-22 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-A AND ETC; THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of certiorari to quash the endorsement dated 18.03.2024 bearing No. BhuDaSaNi/JKD/others/S.R-92/2021-22 issued by the 4th Respondent vide Annexure-A. ii. Issue a writ of mandamus directing the 4th Respondent to adhere to the orders passed by this Hon’ble Court in W.P.No.104999/2023 dated 18.08.2023 vide Annexure-M as well as Judgment and decree passed in O.S.No.29 of 2012 vide Annexure-B dated 27.10.2017 and confirmed in RSA No.100295 of 2019 vide Annexure-D dated 11.8.2020. iii. Issue any other writ, order or direction as this Hon’ble Court deems fit and proper under the facts and circumstances of this case in the interest of justice and equity. 2. The petitioner is before this Court aggrieved by the endorsement dated 18-3-2024 issued by respondent - 3 - NC: 2025:KHC-D:3545 WP No. 105665 of 2024 No.4 at Annexure-A stating that the entry of the name of the respondent cannot be made. This aspect has been considered in the suit in O.S.No.29/2012 filed by the petitioner. The said suit having been decreed; a challenge having been made in R.A.No.10/2018 came to be allowed and decree passed in the suit was set aside. Subsequently by way of the judgment dated 11-8-2020 in R.S.A.No.100295/2019, the decree passed by the Trial Court was restored declaring the petitioner and his family members to be the owners of the property. A Review Petition filed in relation thereto also came to be dismissed. The said judgment having attained finality, it was but required for respondent No.4 to comply with the said judgment and do the needful by entering the name of the petitioner and the other family members. The same not having been done, the endorsement at Annexure-A could not be issued, which is contrary to the judgment passed by this - 4 - NC: 2025:KHC-D:3545 WP No. 105665 of 2024 Court which has attained finality. In that view of the matter, I pass the following: ORDER i) The Writ petition is allowed, a certiorari is issued. ii) The Endorsement dated 18.03.2024 issued by respondent No.4 at Annexure A is quashed. iii) A Mandamus is issued directing respondents No.2 to 4 to act on the judgment and decree passed in O.S.No.29/2012 as confirmed in RSA No.100295/2019 as per the direction issued by this Court dated 18-08-2023 in W.P.No.104999/2023 within a period of 60 days from the date of receipt of the copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS / List No.: 1 Sl No.: 4