Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 52326 (KAR)

SMT SHOBANA W/O RAJU BHOKARE v. THE DEPUTY COMMISSIONER

WP/100379/2026 · 2026-01-22

K S Hemalekha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC-D:881 WP No. 100379 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100379 OF 2026 (KLR-RR/SUR) BETWEEN: SMT. SHABANA W/O. RAJU BHOKARE AGE: 43 YEARS, OCC: HOUSEWIFE, AT/POST: MANGASULE-591234, TQ: ATHANI, DIST: BELAGAVI. …PETITIONER (BY SMT. VIDYAVATI M.KOTTURSHETTAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BELAGAVI, DIST: BELAGAVI-590001. 2. ASSISTANT COMMISSIONER CHIKKODI-591201, TQ: CHIKKODI, DIST: BELAGAVI. 3. TAHASILDAR KAGAWAD (ATHANI)-591304, DIST: BELAGAVI. 4. SMT. RAYANABE W/O. SALIM DANGE AGE: 47 YEARS, OCC: HOUSEWIFE, AT/POST. MANGASULE-591234, TQ: ATHANI, DIST: BELAGAVI. 5. SRI. SALIM BABALAAL DANGE S/O. BABALAAL DANGE, AGE: 60 YEARS, OCC: AGRICULTURE, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.31 10:35:02 +0530 - 2 - HC-KAR NC: 2026:KHC-D:881 WP No. 100379 of 2026 AT/POST. UGARKHURDA-591232, TQ: ATHANI, DIST: BELAGAVI. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3; NOTICE TO R4 AND R5 IS DISPENSED WITH VIDE ORDER DATED 20.01.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION DIRECTING RESPONDENT NOS. 2 TO 4 TO CONSIDER THE APPLICATIONS DATED 02.11.2018 AND 06.04.2022 VIDE ANNEXURE-C AND D SUBMITTED BY THE PETITONER AND TO ENTER THE NAME OF THE PETITIONER IN THE RECORD OF RIGHTS PERTAINING TO SY.NO. 136/1F MEASURING 0.01 GUNTA AND 8 ANNA OUT OF 0.14 GUNTAS, WITH SCHEDULED EAST-12 FEET ROAD, WEST-THE LAND OF SHAHANOOR WAJEER JAMADAR, SOUTH-THE LAND OF SHIVAJI MALLHARI MAISHALE, NORTH-THE LAND OF SHOUQUT ALI MOULALI MAISHALE SITUATED AT MANGASULI VILLAGE, KAGWAD TALUK(ATHANI), IN ACCORDANCE WITH THE DECREE DATED. 23.02.2010 IN OS NO. 23/2010 PASSED BY COURT OF ADDL. CIVIL JUDGE, JUNIOR DIVISION, ATHANI VIDE ANNEXURE-B AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:881 WP No. 100379 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.2 and 3. 2. The petitioner has approached this Court seeking a writ of mandamus directing respondents No.2 to 4 to consider her applications dated 02.11.2018 (Annexure-C) and 06.04.2022 (Annexure-D) and to enter the name of the petitioner in the revenue records pertaining to Survey No.136/1F measuring 0.01 Guntas and 8 Anna out of 0.14 Guntas on basis of the decree dated 23.02.2010 passed in OS No.23 of 2010 by the learned Additional Civil Judge (Jr. Dn), Athani (Annexure-B). 3. Learned counsel for the petitioner submits that Civil Courts decree has attained finality and despite repeated representation, the revenue authorities have failed to act upon and effect the mutation entries in favour of the petitioner and inaction has made the petitioner to approach this Court in this writ petition. - 4 - HC-KAR NC: 2026:KHC-D:881 WP No. 100379 of 2026 4. Learned Additional Government Advocate appearing for the respondent/State submits that if the decree relied upon by the petitioner is final and enforceable, the revenue authorities would consider the representations in accordance with law. 5. This Court has carefully considered contentions urged and perused the material available on record. 6. It is evident that petitioner seeks only a direction for consideration of her application based on a Civil Court decree. It is well settled that the revenue entries are fiscal in nature and the authorities are bound to consider such applications in light of the Civil Court decrees, in accordance with the provisions of Karnataka Land Revenue Act and Rules. 7. Accordingly, this Court pass the following: ORDER i. The writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC-D:881 WP No. 100379 of 2026 ii. Mandamus is issued. iii. Respondent No.3-Tahsildar is directed to consider the applications/representations dated 02.11.2018 (Annexure-C) and 06.04.2022 (Annexure-D) submitted by the petitioner in light of the decree dated 23.02.2010 passed in OS No.23 of 2010 by the learned Additional Civil Judge (Jr Dn), Athani (Annexure-B) in accordance with law within a period of four weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 127