- 1 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100553 OF 2026 (KLR-RR/SUR) C/W WRIT PETITION NO. 100554 OF 2026 IN WP NO.100553 OF 2026: BETWEEN: 1. SRI. SANGAPPA S/O. TIPPANNA GANIGER AGE: 73 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. 2. SRI. BASAPPA S/O. TIPPANNA GANIGER AGE: 68 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. …PETITIONERS (BY SRI. ANAND R.KOLLI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELGAVI-590001. 2. THE ASSISTANT COMMISSIONER CHIKKODI, BELAGAVI-591201. 3. THE TAHSILDAR RAIBAG, BELAGAVI-591317. 4. THE REVENUE INSPECTOR KUDACHI, TQ: RAIBAG, DIST: BELGAVI-591317. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 12:35:06 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 5. SRI. ALLAPPA S/O. TIPPANNA GANIGER AGE: 63 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. 6. SRI. SIDAGOUDA S/O. TIPPANNA GANIGER AGE: 60 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4; SRI. RAVICHANDRAGOUDA R.PATIL, ADVOCATE FOR R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING £ÀA.Dgï©/DgïnJ/202/2024-25 DATED 02.12.2025 PASSED BY THE RESPONDENT NO.1 AUTHORITY MARKED AS ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO. 100554 OF 2026: BETWEEN: 1. SRI. SANGAPPA S/O. TIPPANNA GANIGER AGE: 73 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. 2. SRI. BASAPPA S/O. TIPPANNA GANIGER AGE: 68 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. …PETITIONERS (BY SRI. ANAND R.KOLLI, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 AND: 1. THE DEPUTY COMMISSIONER BELGAVI-590001. 2. THE ASSISTANT COMMISSIONER CHIKKODI-591201. 3. THE TAHSILDAR RAIBAG-591317. 4. THE REVENUE INSPECTOR KUDACHI, DIST: BELGAVI-591317. 5. SRI. ALLAPPA S/O. TIPPANNA GANIGER AGE: 63 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. 6. SRI. SIDAGOUDA S/O. TIPPANNA GANIGER AGE: 60 YEARS, OCC: AGRICULTURE, R/O. GURLAPUR, TQ: MUDALAGI, DIST: BELGAVI-591312. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4; SRI. RAVICHANDRAGOUDA R.PATIL, ADVOCATE FOR R5 AND R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING £ÀA.Dgï©/DgïnJ/201/2024-25 DATED 02.12.2025 PASSED BY THE RESPONDENT NO.1 AUTHORITY MARKED AS ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THESE WRIT PETITIONS COMING ON FOR ORDER THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 4 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 ORAL ORDER Since the petitioners in both the writ petitions are common and they seek to challenge the same impugned order passed by the Assistant Commissioner and Deputy Commissioner, though relating to different survey numbers, as the issues arising for consideration are identical and interconnected, both the writ petitions were heard together and are disposed of by this common order. 2. The petitioners claim rights over agricultural lands bearing Sy.No.114/3A and Sy.No.114/3 of Raibagh Taluk, Belagavi District, which stood mutated in their name pursuant to the mutation entries effected during the year 2013 to 2014, based on a family partition/settlement. Respondent Nos.5 and 6 initiated proceedings under Section 136(2) of the Karnataka Land Revenue Act, 1964 (“Act, 1964” for short), questioning the said mutation entries on the ground that there was no partition and that the entries were made without their consent. The Assistant Commissioner, by order dated 28.10.2024 (Annexure-C), - 5 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 allowed the proceedings and set aside the mutation entries in respect of the lands in question inter-alia, observing that the alleged family partition was unregistered. Aggrieved, the petitioners preferred revisions before the Deputy Commissioner, who by order dated 02.12.2025 (Annexure- E) dismissed the revisions and confirmed the order of the Assistant Commissioner. It is also not in dispute that O.S.No.1766/2023 seeking partition and separate possession in respect of the very same properties is pending before the competent Civil Court. 3. Learned counsel for the petitioners submits that the revenue proceedings were initiated after an inordinate and unexplained delay, after a lapse of merely 11 years and the revenue authorities exceeded their jurisdiction by examining the validity and registration of the family arrangement and that once a comprehensive civil suit for partition is pending, the authorities ought not to have interfered with the longstanding mutation entries. - 6 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 4. Respondents sought to justify the impugned orders, contending that the mutation entries were based on an unregistered document, though no valid partition has taken place and that the revenue entries were justified in correcting the illegal entries. 5. This Court has considered the rival submissions and perused the impugned orders. 6. The proceedings arise out of Section 136(2) of the Act 1964, the scope of which is limited to the maintenance of revenue records for fiscal purpose. The validity of the alleged partition, genuineness of the document relied upon, and the inter se rights of the parties are seriously disputed questions of fact, which are already the subject matter of adjudication before the competent Civil Court in O.S.No.1766/2023. Under such circumstances, this Court while exercising jurisdiction under Articles 226 and 227 of the Constitution of India cannot undertake for adjudication on title or partition. - 7 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 7. The Deputy Commissioner, in the revisional order dated 02.12.2025, has confirmed the order of the Assistant Commissioner and this Court does not find any jurisdictional error warranting interference. However, it is well settled that mutations neither confer nor extinguish the title and are always subject to the outcome of the civil proceedings. Therefore, to balance equities and to ensure that neither parties are prejudiced in the pending civil suit, a clarification regarding the status of revenue entries are necessary. Accordingly, this Court pass the following: ORDER i. The writ petitions are dismissed. ii. The impugned orders dated 28.10.2024 (Annexure-C) passed by the Assistant Commissioner and 02.12.2025 and (Annexure-E) passed by the Deputy Commissioner are upheld. iii. It is clarified that the mutation entries that are presently stand pursuant to the impugned orders in respect of the survey numbers involved in both the writ petitions shall be subject to the final - 8 - HC-KAR NC: 2026:KHC-D:1019 WP No. 100553 of 2026 CW WP No. 100554 of 2026 outcome of O.S.1766/2023 pending before the competent Civil Court. iv. It is further clarified that the revenue entries shall not be construed as a determining title or possession and the Civil Court shall adjudicate the suit uninfluenced by the observations made by the revenue authorities or by this Court. Sd/- JUSTICE K.S.HEMALEKHA AT Ct:VH List No.: 1 Sl No.: 20