- 1 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 108023 OF 2024 (KLR-RES) BETWEEN: SMT. NAGAMMA W/O. HANUMAIAH, SINCE DECEASED BY LEGAL HEIRS 1. HANUMAIAH S/O. SANNA ERAPPA, AGED ABOUT 71 YEARS, OCC: AGRICUTLURIST, R/O: BUDUGUPPA VILLAGE, SIRUGUPPA, TALUK AND BALLARI DISTRICT – 583120. 2. VEERESHA S/O. HANUMAIAH, AGED ABOUT 50 YEARS, OCC. AGRICUTLURIST, R/O. BUDUGUPPA VILLAGE, SIRUGUPPA, TALUK AND BALLARI DISTRICT – 583120. 3. ERESHA, S/O. HANUMAIAH, AGED ABOUT 40 YEARS, OCC. AGRICUTLURIST, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 R/O. BUDUGUPPA VILLAGE, SIRUGUPPA, TALUK AND BALLARI DISTRICT - 583120. …PETITIONERS (BY SMT. SOUBHAGYA S. VAKKUND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER, BALLARI – 583101. 3. THE ASSISTANT COMMISSIONER, BALLARI - 583101. 4. THE TASHILDAR SIRUGUPPA – 583121. 5. THE REVENUE INSPECTOR, KARUR, SIRUGUPPA TALUK, BALLARI DISTRICT – 583103. 6. THE VILLAGE ACCOUNTANT, BUDUGUPPA VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT – 583103. 7. SHANKAR W/O. LATE KARIKERI SIDDARAMU, AGED ABOUT 40 YEARS, - 3 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 8. REVANESHA S/O. LATE KARIKERI SIDDARAMU, AGED ABOUT 37 YEARS, 9. ANANDA S/O. LATE KARIKERI SIDDARAMU AGED ABOUT 34 YEARS, 10. SMT. NEELAMMA W/O. LATE KARIKERI SIDDARAMU, AGED ABOUT 60 YEARS, ALL ARE R/O. H.NO. LIG 250, H.B. COLONY, GANDHI NAGAR, MOKA ROAD, BALLARI - 583103. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA, FOR R1 TO R5) ------- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PRAYING TO CERTIORARI TO SET ASIDE THE ORDER DATED 02.03.2018 PASSED BY 3RD RESPONDENT AS PER ANNEXURE-D BEARING NO.¸ÀA/PÀA/C¦Ã®Ä/ ¸ÀA/PÀA/C¦Ã®Ä/ ¸ÀA/PÀA/C¦Ã®Ä/ ¸ÀA/PÀA/C¦Ã®Ä/ 112/2012-13 AND WHICH WAS CONFIRMED BY 2ND RESPONDENT ORDER DATED 02.02.2022 AS PER ANNEXURE-E BEARING NO.REV/RP/14/2019. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 4 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioners are seeking issuance of writ in the nature of Certiorari to quash the order dated 02.03.2018 passed by the Assistant Commissioner – respondent No.3, produced as per Annexure-D, and also the order dated 02.02.2022, passed by respondent No.2, confirming the order of respondent No.3 produced as per Annexure-E. 2. Heard Smt. Soubhagya S. Vakkund, learned counsel for the petitioners and Sri.T. Hanumareddy, learned AGA for respondents No.1 to 5. 3. It is the contention of the petitioners that, the land in Survey No.88, measuring 7 acres 35 cents, situated at Buduguppa Village, Sirguppa Taluk, Ballari District, was owned by the mother of the petitioners and husband of respondent No.10. They have entered into an unregistered partition deed dated 19.05.2009, - 5 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 according to which, the husband of respondent No.10 accepted Rs.50,000/-. in lieu of his share in the immovable property, and the entire 7.35 acres of land referred to above, was allotted to the share of the mother of the petitioners. Accordingly, M.E.No.106/2005-10 came to be effected on 10.05.2010, and the name of Nagamma, the mother of petitioners, came to be entered in the record of rights. Respondent No.10 being the wife of Siddaramu, challenged M.E.No.106/2009-10, by preferring an appeal before the Assistant Commissioner. The Assistant Commissioner allowed the appeal and M.E.No.106/2009-10 was cancelled. Being aggrieved by the same, the petitioners have preferred an appeal before the Deputy Commissioner. The Deputy Commissioner, while rejecting the appeal, passed an order as per Annexure-E. Therefore, the petitioners are before this Court. - 6 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 4. The reasons assigned by the Assistant Commissioner and the Deputy Commissioner is that the unregistered Partition Deed does not create any right in favour of the petitioners, or their mother who got the revenue records mutated. During the course of his arguments, learned counsel for the petitioners contends that petitioner No.3 has filed the suit in OS.No.17/24, now pending before the learned Senior Civil Judge, Bellary, sitting at Siraguppa, seeking declaration of his title. Respondent No.10 herein is the defendant in the said suit. When the suit filed by petitioner No.3 seeking declaration of his title over the very same property is pending before the Civil Court having competent jurisdiction, where the contesting respondent No.10 is arrayed as defendant, I do not find any reason to interfere with the impugned order as the same will be subject to result of the suit that is pending before the Civil Court. Hence, I proceed to pass the following: - 7 - NC: 2025:KHC-D:4713 WP No. 108023 of 2024 ORDER The Writ Petition is dismissed. Sd/- (M.G.UMA) JUDGE gab/mkm CT:ANB List No.: 1 Sl No.: 15