- 1 - HC-KAR NC: 2025:KHC-D:13942 WP No. 106335 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106335 OF 2024 (KLR-RES) BETWEEN: 1. SMT. SHANTA BALKRISHNA MUGALE, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. KARAJGA, POST: BAAD, TQ. HUKKERI, DIST. BELAGAVI-591 309. 2. SHRI MAHADEV BALKRISHNA MUGALE, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KARAJGA, POST: BAAD, TQ. HUKKERI, DIST. BELAGAVI-591 309. 3. SHRI SANTOSH BALKRISHNA MUGALE, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. KARAJGA, POST: BAAD, TQ. HUKKERI, DIST. BELAGAVI-591 309. … PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. THE DY. COMMISSIONER, BELAGAVI-590 001. 2. THE ASSISTANT COMMISSIONER, BELAGAVI-590 001. 3. THE TAHASILDAR, HUKKERI, DIST. BELAGAVI-591 304. 4. SHRI GOPAL BABURAO DUNDAGE, AGE. 78 YEARS, OCC. AGRICULTURE, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13942 WP No. 106335 of 2024 R/O. SY.NO.280B, B WARD, PLOT NO.37, NEHRU NAGAR, KOLHAPUR-416 012. 5. SHRI UDAY RAJARAM DUNDAGE, AGE. 52 YEARS, OCC. BUSINESS, R/O. IN FRONT OF RTO OFFICE, PURNA NAGAR, CHINCHWAD, PUNE-411 018. 6. SHRI UMESH RAJARAM DUNDAGE, AGE. 47 YEARS, OCC. BUSINESS, R/O. MAHATMA NAGAR, TRYAMBAK ROAD, NASHIK-422 001. 7. SHRI ULHAS RAJARAM DUNDAGE, AGE. 42 YEARS, OCC. BUSINESS, R/O. GAT NOT.1555, SHELAR VASTI, DEHU-ALANDI ROAD, CHIKHALI, PUNE-411 065. 8. SMT. KUMUDINI RAJARAM DUNDAGE, AGE. 71 YEARS, OCC. HOUSEHOLD WORK, R/O. PLOT NO.D-10, OPP. RTO OFFICE, PURNA NAGAR, CHINCHWAD, PUNE-411 018. … RESPONDENTS (BY SRI. SRINAND A. PACHCHAPURE, ADVOCATE FOR R4 AND R5; SMT. MALA B. BHUTE, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 27/02/2024 PASSED BY THE FIRST RESPONDENT DY. COMMISSIONER, BELAGAVI IN RB/RTA/36/2023-24 VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13942 WP No. 106335 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel for the petitioners as well as learned Government Advocate for respondents No.1 to 3 and learned counsel for respondents No.4 and 5. 2. This petition is filed by assailing the order passed by the Deputy Commissioner and same is marked at Annexure-A. In terms of the said order, the Deputy Commissioner has issued a direction to the Tahsildar, Hukkeri to certify the records recording the names of applicant and respondents No.4 to 6 to the extent of 2/3rd share and respondents No.1 to 3 to the extent of 1/3rd share. 3. Learned counsel for the petitioners would submit that the Deputy Commissioner has no jurisdiction to issue direction to the Tahsildar to enter the records to the extent of 1/3rd share and 2/3rd share unless there is a division effected by the competent Civil Court. 4. Learned counsel appearing for respondents No.4 and 5 would contend that the direction issued is only to enter the - 4 - HC-KAR NC: 2025:KHC-D:13942 WP No. 106335 of 2024 names of the parties jointly to the extent of the respective shares of the parties to the proceeding based on preliminary decree. 5. This Court has considered the contentions raised at the bar. 6. Admittedly, a final decree proceeding is pending and demarcation of share of respective sharers is not yet complete. Till then, the names of the parties shall be entered in the property records jointly in all property records to the extent of the shares declared by the Court in *RFA No.100518/2022. 7. After the final decree is passed, the names of respective parties shall be entered in the property records allotted to the shares of the respective parties. 8. Writ petition is disposed of and impugned order is modified to the said extent. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK *Corrected vide Court Order dated 28/10/2025. Sd/- [ARHJ] - 5 - HC-KAR NC: 2025:KHC-D:13942 WP No. 106335 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SMT SHANTA BALKRISHNA MUGALE AND OTHERS VS. THE DY. COMMISSIONER AND OTHERS] 28.10.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This case was disposed of vide order dated 15.10.2025. In paragraph No.6 of the order, the case number is referred to as R.A.No.409/2022. At request of the learned counsel for the respondents, the matter is listed today to correct the typographical error. Learned counsel for the respondents would submit that the correct number is RFA No.100518/2022. Learned counsel for the petitioners has no objection to the said submission. Considering the fact that there is a typographical error, the registry to correct the case number as RFA No.100518/2022 in paragraph No.6, instead of R.A.No.409/2022. Sd/- ( ANANT RAMANATH HEGDE) JUDGE PMP List No.: 1 Sl No.: 1