- 1 - NC: 2025:KHC-D:1486 WP No. 107900 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107900 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. ANNASAHEB S/O. IRAGOUDA PATIL, AGE: 74 YEARS, OCC: AGRICULTURE, R/O. NERLI-591340, TQ: HUKKERI, DIST: BELAGAVI. …PETITIONER (BY SRI. BALAGOUDA A. PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI-590001, DIST: BELAGAVI. 2. THE ASST. COMMISSIONER, BELAGAVI-590001, DIST: BELAGAVI. 3. THE TAHSILDAR, HUKKERI-591309, DIST: BELAGAVI. 4. SRI. ANAND S/O. SHANKARAGOUDA PATIL, AGE: 45 YEARS, OCC: AGRICULTURE, R/O. NERLI-591340, TQ: HUKKERI, DIST: BELAGAVI. 5. SMT. SHOBHA W/O. ANAND PATIL, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O. NERLI-591340, TQ: HUKKERI, DIST: BELAGAVI. 6. SRI. RAJENDRA S/O. BASANNI TUKKANATTI, AGE: 44 YEARS, OCC: PRIVATE SERVICE, R/O. 2ND GANESHPUR-591108, TQ: AND DIST: BELAGAVI. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:56 +0530 - 2 - NC: 2025:KHC-D:1486 WP No. 107900 of 2024 7. SRI. BASANNI S/O. BASAPPA TUKKANATTI, AGE: 78 YEARS, OCC: RETIRED, R/O. NERLI-591340, TQ: HUKKERI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; NOTICE TO RESPONDENTS NO.4-7 DISPENSED WITH V/O/D 25/01/2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE ORDER PASSED BY THE 1ST RESPONDENT IN RB/RTA/352/2022-23 DATED 15/02/2024 WHICH IS PRODUCED AT ANNEXURE-A AND CONFIRMING THE ORDER OF THE 2ND RESPONDENT IN R.A. NO.146/2021 DATED 26/09/2022 WHICH IS PRODUCED AT ANNEXURE-D; ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS DEEMED FIT INCLUDING AN ORDER FOR COSTS. 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 No.1 to 3. Notice to respondents No.4 to 7 is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of certiorari by setting aside the order passed by the 1st Respondent in RB/RTA/352/2022-23 dated 15/02/2024 which is - 3 - NC: 2025:KHC-D:1486 WP No. 107900 of 2024 produced at Annexure-A and confirming the order of the 2nd Respondent in R.A. No.146/2021 dated 26/09/2022 which is produced at Annexure-D; b) Issue any other writ, order or direction as deemed fit including an order for costs. 3. The submission of learned counsel for the petitioner is that the suit had been filed by the sister of the petitioner for partition. During pendency of the said suit, respondents No.4 and 5 have sold a portion of the property in favour of respondent No.6 and 7. In pursuance of which, respondent No.3/Tahasildar has caused the entry of the names of the purchasers in the revenue records, which on appeal, has been confirmed by respondent No.2/Assistant Commissioner. 4. The submission of learned counsel for the petitioner is that when the sale has occurred during the pendency of the suit neither respondent No.3 nor respondent No.2 could take credence of the said sale deed and cause the entry of the - 4 - NC: 2025:KHC-D:1486 WP No. 107900 of 2024 names of the purchasers and as such, he submits that the above petition is required to be allowed. 5. Having gone through Annexure-C being the order of the Tahasildar and Annexure-D being the order of the Assistant Commissioner, it is seen that the entry of the names of respondents No.6 and 7 is along with the name of the other family members and none of the names of the family members party to the suit for partition, have been deleted. Furthermore, the entry of the names of respondent No.6 and 7 is been made subject to the result of the partition suit in O.S.No.11/2018. 6. In that view of the matter, any rights that the sister of the plaintiff claims in the suit and the petitioner may claim in the suit, are required to be determined in the said suit. No fault can be found with the entry caused to be made by Tahasildar and as confirmed by Assistant Commissioner and - 5 - NC: 2025:KHC-D:1486 WP No. 107900 of 2024 no grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 39