HANUMAWWA W/O PAVADEPPA PADIYAPPA TEGGI v. SPECIAL LAND ACQUISITON OFFICER
WP/104327/2024 · 2026-01-13
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 53010 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53010 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:364 WP No. 104327 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 104327 OF 2024 (KLR-RR/SUR)
BETWEEN:
1.
HANUMAWWA W/O. PAVADEPPA @ PADIYAPPA TEGGI, AGE: 90 YEARS, (NOT CLAIMING AS SENIOR CITIZEN), OCC: AGRICULTURE, R/O. CHIKKASHELLIKERI, TQ: BADAMI, DIST: BAGALKOTE-587201.
2.
SOMMAPPA S/O. PAVADEPPA @ PADIYAPPA TEGGI AGE: 60 YEARS, (NOT CLAIMING SENIOR CITIZEN), OCC: AGRICULTURE, R/O. CHIKKASHELLIKERI, TQ: BADAMI, DIST: BAGALKOTE-587201. &PETITIONERS (BY SRI. PRANAV V.BADAGI, ADVOCATE FOR SRI. S.B.HEBBALLI, ADVOCATE)
AND:
1.
THE ASSISTANT COMMISSIONER, JAMKHANDI, DIST: BAGALKOT-597301.
2.
THE TAHSILDHAR BILAGI, DIST: BAGALKOT-587201.
3.
ANANDRAO S/O. KRISHNARAO DESAI AGED ABOUT 76 YEARS, OCC: AGRICULTURE, R/O. NEERBOODIHAL VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587201.
4.
VASANTRAO S/O. KRISHNARAO DESAI AGED ABOUT 69 YEARS,
MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.03 10:49:08 +0530
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HC-KAR NC: 2026:KHC-D:364 WP No. 104327 of 2024
OCC: AGRICULTURE, R/O. NEERBOODIHAL VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587201.
5.
CHANDRAKANT S/O. KRISHNARAO DESAI AGED ABOUT 66 YEARS, OCC: AGRICULTURE, R/O. NEERBOODIHAL VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587201.
6.
SURESH S/O. KRISHNARAO DESAI AGED ABOUT 63 YEARS, OCC: AGRICULTURE, R/O. NEERBOODIHAL VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587201.
7.
ANILKUMAR S/O. KRISHNARAO DESAI AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O. NEERBOODIHAL VILLAGE, TQ: BADAMI, DIST: BAGALKOT-587201. &RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 AND R2;
NOTICE TO R3 IS HELD SUFFICIENT;
TAKING STEPS IN R/O. LRs OF R4 AND R5 IS DISPENED WITH;
NOTICE TO R6 AND R7 ARE SERVED)
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 ORDER DATED 17-10-2023 PASSED BY THE RESPONDENT NO.2/TAHASILDAR BILAGI, TQ. BILAGI IN CASE NUMBER RTS/CR/37/2023-2024, PRODUCED ALONG WITH THE WRIT PETITION AS PER ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
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HC-KAR NC: 2026:KHC-D:364 WP No. 104327 of 2024
ORAL ORDER
The petitioners have approached this Court assailing the order dated 17.10.2023 passed by the Tahsildar, Bilagi in RTS/CR/37/2023-2024, whereby their request for mutation of revenue entries was rejected and they were relegated to the Civil Court.
2. The undisputed facts disclose that the husband of petitioner No.1 purchased the scheduled property under a register sale deed dated 02.01.1960. Consequently upon the said transaction, the petitioners sought mutation of their names in the revenue records. The application having been rejected, an appeal was preferred before the Assistant Commissioner who remanded the matter to the Tahsildar for fresh
consideration. Earlier, this Court in WP No.100638/2023 has also directed the Tahsildar to consider the petitioners representation in accordance with law.
3. Upon remand, the Tahsildar once again rejected the request, solely on the ground that there exists a civil
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HC-KAR NC: 2026:KHC-D:364 WP No. 104327 of 2024
dispute and that the petitioners must work out their remedy before the Civil Court.
4.
Learned counsel for the petitioners submits that the registered sale deed of the year 1960 has never been challenged, the private respondents, though served, neither appeared nor filed their objections before the Tahsildar, and the Tahsildar has exceeded his jurisdiction by directing the petitioners to approach the Civil Court, contrary to the settled law governing mutation proceedings.
5. Learned Additional Government Advocate for respondents-State contends that an alternative statutory remedy of appeal is available before the Assistant Commissioner, therefore, the writ petition is not maintainable.
6. This Court has carefully considered the rival
submissions and perused the material on record.
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HC-KAR NC: 2026:KHC-D:364 WP No. 104327 of 2024
7. It is well settled that mutation proceedings are fiscal in nature and the revenue authorities are required to effect entries on the basis of the undisputed registered documents, without adjudicating title disputes. In the present case, the sale dated 02.01.1960 stands admitted and unchallenged, no objections were filed by the contesting respondents before the Tahsildar and the Tahsildar is only required to verify the registered document and effect mutation accordingly.
8. Relegating the petitioners to Civil Court in absence of any adjudicator dispute before the revenue authority amounts to traveling beyond the scope of jurisdiction vested in the Tahsildar. Though ordinarily the petitioners, could have been directed to avail the appellate remedy, having regard to the peculiar facts of the case, the long lapse of time, and repeated demands, this Court is of the view that interference is warranted. Accordingly, this Court pass the following;
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HC-KAR NC: 2026:KHC-D:364 WP No. 104327 of 2024
ORDER i) The writ petition is allowed. ii) The impugned endorsement dated 17.10.2023 passed by the Tahsildar, Bilagi, is hereby set aside. iii) The respondent No.2-Tahsildar, Bilagi, is
directed to enter the names of the petitioners in the revenue records on basis of the registered sale deed dated 02.01.1960 in accordance with law, after verification of necessary documents within a period of four [4] weeks from the date of receipt of the copy of this
order.
Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 33