- 1 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 18970 OF 2025 (KLR-RES) BETWEEN: SRI UDAYAKUMAR G VARAGIRI S/O LATE GANESH VARAGIRI, AGED ABOUT 52 YEARS, R/A NEAR SHRI MYLARALINGESHWARA TEMPLE, DEVARAGUDDA, RANEBENNUR TALUK, HAVERI DISTRICT-581115. …PETITIONER (BY SRI. P.M.SIDDAMALLAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, M.S. BUILDING, BANGALORE- 560001. 2. THE DEPUTY COMMISSIONER, DAVANGERE DISTRICT, DAVANGERE- 577001. 3. THE ASSISTANT COMMISSIONER, HONNALI SUB DIVISION, HONNALI, DAVANGERE DISTRICT- 577 217. 4. THE TAHSILDAR, CHANNAGIRI TALUK, CHANNAGIRI, DAVANGERE DISTRICT-577213 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 5. THE ADDITIONAL DIRECTOR OF SURVEY AND LAND RECORDS, CHANNAGIRI TALUK, DAVANAGERE DISTRICT -577 213 6. SMT. RATHNAMMA, W/O SHANKARAPPA, D/O LATE BENKAPPA BANDAVAR, AGED ABOUT 58 YEARS, R/A HIREVUD VILLAGE, SANTHEBENNUR-I HOBLI, CHANNAGIRI TALUK, DAVANGERE DISTRICT- 577 552 7. SMT.GOWRAMMA, W/O CHITGERAPPA, D/O LATE BENAKAPPA BANDAVARA, AGED ABOUT 58 YEARS, R/A DANDIGENAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 518 8. SMT.KAMALAMMA, W/O JAYAPPA, D/O LATE BENAKAPPA BANDAVARA, AGED ABOUT 55 YEARS, R/A HOOVINAMADU VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT-577 002. …RESPONDENTS (BY SRI. SESHU.V., HCGP FOR R1 TO R5 SRI. VENKATESH P DALAVAI., ADVOCATE FOR R6 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A - 3 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 WRIT OF CERTIORARI AND ORDER TO QUASH THE IMPUGNED ORDERS PASSED BY THE 2ND RESPONDENT IN CASE E.ALN.CR./2024-25/E-1008541, DATED 27.05.2025, ADDRESSED TO ADLR, CHANNAGIRI TALUK, CHANNAGIRI AS PER ANNEXURE-K AND THE ORDER PASSED IN CASE NO.ALN.CR.01/2025-26, DATED 13.06.2025 BY ASSISTANT COMMISSIONER, HONNALI SUB-DIVISION, HONNALL AS PER ANNEXURE-L AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order dated 13.06.2025 passed by the Assistant Commissioner, Honnali Sub-Division, Honnali, at Annexure-L. 2. The order is passed by the Assistant Commissioner based on an appeal filed at the hands of private respondents herein, who contended before the Assistant Commissioner that by virtue of a judgment and decree passed in O.S.No.06/2014 by the learned Senior Civil Judge and JMFC., Channagiri, the private respondents herein have been declared to be entitled to 1/3rd share and some of them are also entitled for 1/15th share - 4 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 additionally. The Assistant Commissioner has accepted the contention of the private respondents herein and has accordingly directed the Tahsildar to enter the names of the private respondents herein in the revenue records in terms of the judgment and decree passed in O.S.No.06/2014 and thereafter 11E sketch is prepared. Learned Counsel for the petitioner submits that the land in question is admittedly converted on 28.03.2011 and therefore, the question of entering the names of the private respondents in the revenue records does not arise. 3. Learned Counsel Sri.Venkatesh P.Dalawai, appearing for respondents No.6 to 8 submits while drawing attention of this Court to Annexure-R1 filed along with the Application in I.A.No.2/2025 seeking to vacate the interim orders passed by this Court that the petitioner himself had filed a petition before the Deputy Commissioner in case bearing No.D.U.D.C./R.H.M./ALN/ 51/2024-E-391709, questioning the earlier order passed by the Deputy Commissioner canceling the order of - 5 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 conversion. In the petition filed by the petitioner herein, the Deputy Commissioner passed an order on 07.11.2024 allowing the petition partly and retaining the order of conversion only to the extent of the share allotted in favour of the petitioner in the suit. Learned Counsel for the contesting respondents would submit that the petitioner is guilty of not mentioning the said order passed by the Deputy Commissioner at the instance of the petitioner. Learned Counsel submits that on this ground alone this writ petition is liable to be dismissed. 4. Having heard the learned Counsel for the petitioner, learned Counsel for the contesting respondents, learned High Court Government Pleader and on perusing the petition papers this Court is of the considered opinion that in the suit filed for partition and separate possession a preliminary decree is passed by the Trial Court. In an appeal filed by the plaintiff and cross-appeal filed at the hands of the petitioner herein, the first appellate court has also passed a judgment and decree in R.A.No.104/2018. - 6 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 Nevertheless, in the considered opinion of this Court unless the definite shares are identified in the final decree proceedings and a final decree is drawn, the private respondents herein could not have sought for entering their names in the revenue records. 5. In that view of the matter, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed in part. (ii) The impugned order dated 13.06.2025 passed by the Assistant Commissioner at Annexure-L, is hereby quashed and set aside. (iii) The 4th respondent-Tahsildar, Channagiri Taluk, is hereby directed to enter in column No.11 of the RTC the judgment and decree passed in O.S.No.06/2014 while also stating that the private respondents herein - 7 - HC-KAR NC: 2025:KHC:32430 WP No. 18970 of 2025 have been allotted shares in the property in question. This will ensure that the petitioner will not be able to deal with the property till the final decree is drawn and the definite shares allotted in favour the plaintiff and other defendants is identified and mutated in the RTC. (iv) Needless to observe that once the final decree is drawn and the shares are identified in the property in question, the parties are entitled to have their names entered in the revenue records, accordingly. 6. Pending Interlocutory Application, if any, stands disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL