- 1 - HC-KAR NC: 2025:KHC-D:18045 WP No. 106421 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.106421 OF 2025 (KLR-RES) BETWEEN: SRI. SIDDALINGAPPA CHOUGULA S/O DUNDAPPA CHOUGULA, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. BHENDWAD-591 317, TQ. RAIBAG, DIST. BELAGAVI. … PETITIONER (BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI-590 001. 2. ASSISTANT COMMISSIONER, CHIKODI, SUB DIVISION CHIKKODI, TQ. CHIKODI, DIST. BELAGAVI-591 201. 3. TAHASILDAR AND TALUK EXECUTIVE MAGISTRATE, RAIBAG-591 317, TQ. CHIKODI, DIST. BELAGAVI. 4. THE LAND TRIBUNAL, BY ITS CHAIRMAN, RAIBAG-591 317, TQ. CHIKKODI, DIST. BELAGAVI. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2025.12.16 11:21:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18045 WP No. 106421 of 2025 5. SMT. SATAVVA SHIRAGAVE W/O RAMU SHIRAGAVE, AGE. 65 YEARS, OCC. AGRI., HOUSE WIFE, R/O. BHIRADI-591 217, TQ. RAIBAG, DIST. BELAGAVI. 6. SRI. LAXMAN BORAGANVE S/O IRAPPA BORAGANVE, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. BHIRADI-591 217, AT/POST: MUGALAKHOD, TQ. RAIBAG, DIST. BELAGAVI. 7. SRI. MARUTI BORGAVE S/O IRAPPA BORGAVE, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. BHIRADI-591 217, AT/POST: MUGALAKHOD, TQ. RAIBAG, DIST. BELAGAVI. 8. SMT. KALAVATI HONNOLLI W/O SHANKAR HONNOLLI, AGE. 54 YEAR, OCC. AGRI. AND HOUSE WIFE, R/O. BHIRADI-591 217, TQ. RAIBAG, DIST. BELAGAVI. 9. SMT. SARALA BORAGANVE W/O RAMU BORAGANVE, AGE. 61 YEARS, OCC. AGRI. AND HOUSE WIFE, R/O. BHIRADI-591 217, TQ. RAIBAG, DIST. BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:18045 WP No. 106421 of 2025 10. SRI. RAJU BORAGANVE S/O RAMU BORAGANVE, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. BHIRADI-591 217, TQ. RAIBAG, DIST. BELAGAVI. 11. SRI. IRAPPA BORAGANVE S/O RAMU BORAGANVE, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. BHIRADI-591 217, TQ. RAIBAG, DIST. BELAGAVI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; SRI. MALLIKARJUNASWAMY B. HIREMATH, ADVOCATE FOR R5 TO R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN NATURE OF ORDER OR DIRECTION OR CERTIORARI QUASHING THE IMPUGNED ORDERS BEARING NO.RB/RTA/140/2023-24 BELAGAVI DATED 14.03.2024 PASSED BY RESPONDENT NO.1 ANNEXURE-A AND CONFIRMING THE ORDER BEARING NO.RA/36/2023 DATED 21.09.2023 PASSED BY RESPONDENT NO.2 ANNEXURE-A1 AND ORDER BEARING NO.KRA:RR.T/DISP/SR-284/2022 DATED 31.01.2022 (2023), PASSED BY RESPONDENT NO.3 ANNEXURE-A2 CONSEQUENTLY CANCELED THE MR NO.T 269 BEARING NO.RRT/DISP/SR/284/2022 DATED 19.09.2024 AS PER ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 3 TO SECURE THE ORIGINAL RECORDS AND DIRECTED TO ENTER THE NAME OF PETITIONER IN THE RTC AS LEGAL HEIR OF GOURAVVA AND SUVARNA BY DELETING THE NAME OF RESPONDENTS NO.5 TO 11, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:18045 WP No. 106421 of 2025 THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel appearing for the petitioner, learned Additional Government Advocate appearing for respondents No.1 to 4 and learned counsel appearing for the contesting respondents No.5 to 11. 2. The dispute is relating to the mutation in respect of the property bearing Sy.No.89/4 measuring 2-Acres 21-Guntas and Sy.No.92/7 measuring 2-Acres 07-Guntas, situated in Mugalkhod village of Raibag Taluk. 3. The admitted factual position is, the counter claim is pending in O.S.No.161/2022, on the file of learned Civil Judge, Raibag (for short ‘Trial Court’) and the suit filed is dismissed as withdrawn. The counter claim has to be considered on merits - 5 - HC-KAR NC: 2025:KHC-D:18045 WP No. 106421 of 2025 though the suit is withdrawn. In the said counter claim, the petitioner and the private respondents are the parties. 4. Thus, the Court, which is deciding the counter claim, shall decide the counter claim on merits, without being influenced by any of the observations made in the order dated 31.01.2022 passed by the Tahasildar, order dated 21.09.2023 passed by the Assistant Commissioner, Chikkodi and the order dated 14.03.2024, passed by the Deputy Commissioner, Belagavi. 5. Hence, the following: ORDER i. The petition is disposed of. ii. The Trial Court shall decide the counter claim on merits, without being influenced by any of the observations made in the orders passed - 6 - HC-KAR NC: 2025:KHC-D:18045 WP No. 106421 of 2025 by respondents No.1 to 3 vide Annexures-A, A1 and A2. iii. Till the disposal of the counter claim, the entries in the record of right shall be continued as on today. iv. It is made clear that this Court has not expressed anything on the merits of the matter. v. All contentions of the parties are kept open. vi. The parties shall co-operate for early disposal of the counter claim pending before the Trial Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 32