- 1 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107855 OF 2024 (KLR-RR/SUR) BETWEEN: SRI ANAND S/O. SIDDAPPA YALIGAR, AGE: 51 YEARS, OCC: AGRICULTURE & PRIVATE SERVICE, RESIDENT OF NEAR TULJA BHAVANI TEMPLE, SHRIRAMNAGAR, DHARWAD-07. …PETITIONER (BY SRI. S.N. RAJENDRA, ADVOCATE) AND: 1. THE ASSISTANT DIRECTOR OF LAND RECORDS, DHARWAD, TQ: DHARWD, DIST: DHARWAD. 2. THE ASSISTANT COMMISSIONER, DHARWAD, TQ: DHARWAD, DIST: DHARWAD. 3. THE TAHSILDAR, DHARWAD (LAND CENTER), TQ: DHARWD, DIST: DHARWAD. 4. PUBLIC INFORMATION OFFICER AND SHIRSTEDAR, OFFICE OF TAHSILDAR, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE REPLY BG NO.MAHITHI HAKKU/C.R/40/2024-25. DATED 27.5.2024 ISSUED BY 4TH RESPONDENT, PRODUCED AT ANNEXURE- R; ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:32:22 +0530 - 2 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 MANDAMUS DIRECTING THE RESPONDENT NO.3 TO DELETE THE WORD KHARAB IN COLUMN NUMBER 9 OF THE RECORD OF RIGHTS AND TO ENTER NATURE OF THE CROP GOWN AS PER REPRESENTATION DATE: 14.06.2022 PRODUCED AT ANNEXURE-F; ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO MUTATE THE NAME OF PETITIONER IN THE RECORD OF RIGHTS AND OTHER REVENUE RECORDS AS PER THE REPRESENTATIONS DATED 28.08.2023 AND 25.09.2024 PRODUCED AT ANNEXURES-P AND T; PASS ANY OTHER ORDER OR DIRECTION AS FIT UNDER THE CIRCUMSTANCE OF THE CASE AND ALLOW THE WRIT PETITION WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY. 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. 2. The petitioner is before this court seeking for the following reliefs: a) Issue an order, direction or writ in the nature of Certiorari quashing the Reply bg No.ªÀiÁ»w ºÀPÀÄÌ/¹.Dgï/40/2024-25. dated 27.5.2024 issued by 4th Respondent, produced at ANNEXURE-R; b) issue an order, direction or Writ in the nature of Mandamus directing the Respondent No.3 to delete - 3 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 the word kharab in column number 9 of the Record of Rights and to enter nature of the crop gown as per Representation date: 14.06.2022 produced at ANNEXURE-F; c) Issue an order, direction or Writ in the nature of Mandamus directing the Respondent No.3 to Mutate the name of Petitioner in the Record of Rights and other Revenue Records as per the representations dated 28.08.2023 and 25.09.2024 produced at ANNEXURES-P and T; d) Pass any other order or direction as fit under the circumstance of the case and allow the Writ Petition with costs in the interest of justice and equity. 3. The contention of the petitioner is that the land in Sy.No.68 measuring 54 acres 18 guntas situated at Kallapur village, Dharwad taluk, Dharwad District was originally belonging to one Smt.Susheela W/o. Ambrish Verma, out of which she relinquished 20 acre of land in favour of the father of petitioner. In furtherance of which, the said 20 acre of land was renumbered as Sy.No.68/2B and mutation entries have been carried out. The father of petitioner made a request to the revenue authorities for conversion of the land into old tenure, in the meanwhile, the - 4 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 petitioner’s father expired bequeathing the property to the petitioner. 4. The revenue records were showing the land as kharab land and as such the father of the petitioner preferred an appeal before the Assistant Commissioner, who directed the Tahashildar to hold a detail enquiry after giving notices to the parties, conduct spot inspection and verify the documents available. Thereafter, the Revenue Inspector conducted the spot enquiry and verification of records submitted a report stating that the land is under cultivation of the petitioner and is not a kharab land and further recommended for fixing the assessment in respect of the said land. The Village Administrative Officer also submitted a similar report stating that ‘maize’ is being grown on the said land, but inadvertently same is not reflected in the record of rights. - 5 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 5. The Assistant Commissioner on 06/02/2023 directed the Tahashildar to delete the reference to kharab and make necessary entries under the column ‘Cultivation’. In furtherance thereto, the Tahashildar sought for information in terms of Form Nos.1 to 5. 6. The petitioner’s father having expired leaving behind a Will, the petitioner having succeeded to the property. The petitioner submitted a representation on 28/8/2023 for mutation in his name, which came to be rejected by the Tahashildar on the ground that the land is kharab land, thereafter the petitioner submitted various representations by referring to the order of the Assistant Commissioner on 06/02/2023 which not having been acted upon, the petitioner is before this court challenging the notice issued by the Tahashildar and for the aforesaid reliefs. 7. It is not in dispute that the petitioner’s father was the owner of entire extent in the land bearing Sy.No.68/2B, in the said survey number, which has - 6 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 been classified as ‘kharaab’ land. The fact remains that the ownership vested with the father of the petitioner and subsequently devolved on the petitioner under a Will. Whether the land is cultivable land or ‘kharab’ land more particularly it is phut ‘A’ kharab or ‘B’ Kharab. The ownership would vest with the owner of the land since the ownership of the kharab land goes along with the ownership of the cultivable land and unfortunately in this matter, the entire land has been shown as ‘kharab land’. Irrespective thereof, the entire kharab land would stand to the ownership of the person, who has purchased the property, who is the owner of the said land and in this case, the father of the petitioner and subsequently the petitioner. 8. The mistake of the property having been shown as kharab land has been accepted and the Assistant Commissioner who has directed the Tahashildar/ Sheristedar to rectify the same vide its order dated - 7 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 06.02.2023. In that background, the Tahashildar could not have rejected the mutation in the name of the petitioner on the ground that the land is karab land. Sheristedar is not an authorised officer to reject the application of the petitioner for mutation. It is for the Tahashildhar to consider the same and pass necessary orders. In that view of the matter, I pass the following : ORDER (a) Writ petition is allowed. (b) Respondent No.3-Tahashildar is directed to consider the request of the petitioner for mutation in his name in accordance with law and take into consideration the earlier directions issued by the Assistant Commissioner and pass necessary orders within 30 days from the date of receipt of a copy of this order. While doing so, take into consideration that even the kharab land, - 8 - NC: 2025:KHC-D:1640 WP No. 107855 of 2024 whether ‘A’ or ‘B’ kharab land will vest with the owner and that the kharab land cannot be devoid of ownership. (c) In view of disposal of main petition, I.A.No.1/2025 does not survive for consideration, hence same is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 33