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2025 DAILYLAW 8410 (KAR)

SHIVAVVA DYAMAPPA KURI v. THE STATE OF KARNATAKA

WP/100460/2025 · 2025-03-07

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4402 WP No. 100460 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 100460 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SHIVAVVA DYAMAPPA KURI, AGE. 60 YEARS, OCC. AGRICULTURAL, R/O. NAGARAL, TQ. GULEDAGUDDDA, DIST. BAGALKOT-587203. 2. SANGAPPA DYAMAPPA KURI, AGE. 48 YEARS, OCC. AGRICULTURAL, R/O.NAGARAL, TQ. GULEDAGUDDDA DIST. BAGALKOT-587203. 3. RENAVVA HULLAPPA KATTIMANI, AGE. 45 YEARS, OCC. AGRICULTURAL, R/O.NAGARAL, TQ. GULEDAGUDDDA DIST. BAGALKOT-587203. 4. MAHADEVI BASAPPA NADASHESHI, AGE. 40 YEARS, OCC. AGRICULTURAL, R/O.NAGARAL, TQ. GULEDAGUDDDA, DIST. BAGALKOT-587203. 5. SHARANAPPA DYAMAPPA KURI, AGE. 38 YEARS, OCC. AGRICULTURAL, R/O.NAGARAL, TQ. GULEDAGUDDDA, DIST. BAGALKOT-587203. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4402 WP No. 100460 of 2025 6. SOMAPPA DYAMAPPA KURI, AGE. 35 YEARS, OCC. AGRICULTURAL, R/O.NAGARAL, TQ. GULEDAGUDDDA, DIST. BAGALKOT-587203. 7. SAVITA HANAMANT KURI, AGE. 33 YEARS, OCC. AGRICULTURAL, R/O.NAGARAL, TQ. GULEDAGUDDDA, DIST. BAGALKOT-587203. …PETITIONERS (BY SRI. GIRISH S. HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS REVENUE SECRETARY, M.S.BUILDING, BANGALORE-01. 2. THE DEPUTY COMMISSIONER, BAGALKOT. PIN - 587203. 3. THE ASSISTANT COMMISSIONER, BAGALKOT-587203. 4. THE TAHASILDAR TQ. GULEDGUDDA, DIST. BAGALKOT-587203. 5. SHIVANAND RANGAPPA AKKARGAL ALIAS GOUDAR, R/O.NAGARAL SP, TQ. GULEDAGUDDDA, DIST. BAGALKOTE - 587203. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4;) R5 – ITEM DELIVERED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 25.10.2024 IN REVISION PETITION NO.24/2024 PASSED BY THE DEPUTY COMMISSIONER COURT, BAGALKOT DISTRICT: BAGALKOT AT VIDE ANNEXURE-D. - 3 - NC: 2025:KHC-D:4402 WP No. 100460 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER This petition is filed by the petitioners seeking to issue writ in the nature of certiorari quashing the order dated 25.10.2024 passed by the Deputy Commissioner, Bagalakote in Revision Petition No.24/2024, produced as per Annexure-D. 2. Heard Sri Girish S. Hiremath, learned counsel for the petitioners and Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 4 – State. Perused the materials on record. 3. The petitioners are claiming right over three items of the properties i.e., 3 acres 2 guntas of land in Sy.No.28/2, 3 acres 18 guntas of land in Sy.No.29/2 and 1 acre 20 guntas of land in Sy.No.126/3 of Nagaral SP village, Guledgudda taluk in Bagalakote district. It is the contention of the petitioners that husband of petitioner - 4 - NC: 2025:KHC-D:4402 WP No. 100460 of 2025 No.1 and father of the other petitioners by name Dyamappa Kuri was the owner in possession of these properties. He died on 28.05.2021. After his death, the petitioners succeeded to the properties as his legal representatives. Accordingly, an application was filed before the Tahasildar, Guledgudda taluk, Bagalakote district to enter their names in the revenue records. Though application was rejected by the Tahasildar and also by the Assistant Commissioner, the revision petition was preferred before the respondent No.2 – the Deputy Commissioner, who rejected the revision petition preferred by the petitioners on the ground that petitioners have filed the suit in O.S.No.131/2018 against respondent No.5, who is the rival claimant. Under such circumstances, it is held by the Deputy Commissioner that, the Khata entry cannot be changed by the revenue authority during the pendency of the suit before the Civil Court. Admittedly the suit in O.S.No.131/2018 filed by the petitioners is pending before the Trial Court, where respondent No.5 herein who is the rival claimant for the disputed land is arrayed as the - 5 - NC: 2025:KHC-D:4402 WP No. 100460 of 2025 defendant. Under such circumstances, I do not find any illegality or perversity in the order impugned. Hence, I do not find any reasons to entertain the petition. 4. Accordingly, the writ petition is dismissed. Sd/- (M.G.UMA) JUDGE EM CT:ANB List No.: 2 Sl No.: 16