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2025 DAILYLAW 84204 (KAR)

LAKSHMAVA W/O HANAMAPPA HARLAPUR v. THE STATE OF KARNATAKA

WP/102741/2025 · 2025-12-08

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17488 WP No. 102741 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 102741 OF 2025 (KLR-RR/SUR) BETWEEN: 1. LAKSHMAVA W/O. HANAMAPPA HARLAPUR, AGE: 78 YEARS, OCC: HOUSEWIFE, R/AT. NEAR HANUMAN TEMPLE, MADAGANUR, BELAHOD, DIST: GADAG-582204. 2. SUNDARAVVA W/O. KRISHNAPPA NAGARADDI, AGE: 75 YEARS, OCC: HOUSEWIFE, R/AT. KERI STREET, ANNIGERI (RURAL), ANNIGERI, DIST: DHARWAD-582201. 3. SHAKUTALA W/O. DEVREDDI CHAKALABBI, AGE: 60 YEARS, OCC: HOUSEWIFE, R/AT: NAVALLI VILLAGE, ANNIGERI, TQ: ANNIGERI, DIST: DHARWAD-582201. 4. VIJAYA W/O. HANUMANTHREDDY MALLAR, AGE: 58 YEARS, OCC: HOUSEWIFE, R/AT. SHIVAJI PLOT, MAGADI, POST: MAGADI, DIST: GADAG-582117. 5. GOVINDARADDI S/O. TIMMARADDI BIRASAL, AGE: 52 YEARS, OCC: AGRICULTURE, R/AT. KERI ONI, ANNIGERI, TQ: ANNIGERI, DIST: DHARWAD-582201. …PETITIONERS (BY SRI. GOURI SHANKAR MOT, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:17488 WP No. 102741 of 2025 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REP. BY ITS SECRETARY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DHARWAD, DIST: DHARWAD-580001. 3. THE ASSISTANT COMMISSIONER, DHARWAD, DIST: DHARWAD-580001. 4. THE TAHASILDAR, ANNIGERI, DIST: DHARWAD-580001. 5. KARNATAKA STATE BOARD OF WAKF, BY ITS CHIEF EXECUTIVE OFFICER, CUNNINGHAM ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1-R4; SRI. B. MOHAMMED ALI, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ENTRY BASED ON MUTATION DATED 27/02/2018 IN MR NO. T488 AND AT COLUMN NO.11 IN ROR IN RESPECT OF SY.NO. 1000*/3 MEASURING 7 ACRES 38 GUNTAS SITUATED AT ANNIGERI VILLAGE, TQ: ANNIGERI, DIST: DHARWAD VIDE ANNEXURE-D. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17488 WP No. 102741 of 2025 ORAL ORDER Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the learned counsel appearing for the respondents. 2. Learned counsel for the petitioners would submit that the name of respondent No.5 is entered in the property records without notice to the petitioners and in violation of the procedures contemplated under the Karnataka Land Revenue Act, 1964. 3. It is his further submission that issue raised in the present petition is covered by the Judgment of Co-ordinate Bench of this Court in Hafizsab S/o. Abdul Khadar Saheb Khazi and Others vs. State of Karnataka and others1. 1 WP No.105721/2025 (DD 05.11.2025) - 4 - HC-KAR NC: 2025:KHC-D:17488 WP No. 102741 of 2025 4. Learned Additional Government Advocate appearing for respondents-State does not dispute the contention and so also the counsel for respondent No.5. 5. Hence, the following: ORDER i. The petition is allowed. ii. The MR No.T488 dated 27.02.2018 marked at Annexure-D, is quashed. iii. Liberty is reserved to respondent No.5 to move application before the Tahasildar to make a claim in the property in accordance with law. If such a claim is made, notice shall be issued to the petitioners and the interested persons and thereafter, the Tahasildar shall pass appropriate orders. iv. Nothing is expressed on the merits of the claim. - 5 - HC-KAR NC: 2025:KHC-D:17488 WP No. 102741 of 2025 v. All contentions are kept open. vi. Respondent No.4-Tahasildar shall delete the name of respondent No.5 in column No.11 of the property records and enter the name of the petitioners. vii. The exercise shall be completed within 30 days from the date of receipt of certified copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP List No.: 1 Sl No.: 80