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2026 DAILYLAW 53514 (KAR)

BHAGYAMMA ALIAS BHANUBHI W/O DAWALSAB v. THE TAHSILDAR

WP/107592/2025 · 2026-01-06

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:38 WP No. 107592 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.107592 OF 2025 (KLR-RES) BETWEEN: BHAGYAMMA @ BHANUBHI W/O. DAWALSAB AGE ABOUT 42 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O. WARD NO. 2, SALUNCHIMAR, (MARLANA VILLAGE), TALUK KARTAGI, DISTRICT: KOPPAL. …PETITIONER (BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE (THROUGH VC)) AND: 1. THE TAHSILDAR KARTAGI, TALUK: KARTAGI, DISTRICT: KOPPAL-583229. 2. T SRINIVAS S/O. GANGANNA AGE ABOUT 55 YEARS, OCC: AGRICULTURE, R/O. WARD NO.2 HULIYAL VILLAGE, DIST: KOPPAL-583228. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND ALLOW THIS WRIT PETITION BY ISSUING A WRIT OF CERTIORARI AND QUASH THE NOTICE DATED 16.12.24 VIDE NO.ACKRD0050000676285, CASE ID: RRT/DISP/2024 AT ANNEXURE-E PASSED BY THE RESPONDENT NO.1 AND WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 HEREIN TO ENTER THE NAME OF THE PETITIONER IN THE RECORD OF RIGHT PERTAINING TO LAND 75/A/4 AND SY.NO.75/A/5 OF HULIYAL VILLAGE, TALUK KARTAGI, DIST. KOPPAL AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.09 10:48:49 +0530 - 2 - HC-KAR NC: 2026:KHC-D:38 WP No. 107592 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has approached this court calling in question the action of the revenue authority in issuing notice to the third party, inviting objections in respect of the petitioner's application seeking mutation of her name in the revenue records consequent upon the death of her sister. 2. The impugned notice is issued to the third party for the purpose of eliciting objections, if any, and no adverse order has been passed against the petitioner. The mutation proceedings being summary in nature, the revenue authority is empowered to issue notice to the person who may claim any interest in the property so as to ensure compliance with the principles of natural justice. The petitioner being the applicant before the revenue authority is already before the proceedings. A mere issuance of notice to the third party does not give rise to any cause of action - 3 - HC-KAR NC: 2026:KHC-D:38 WP No. 107592 of 2025 warranting interference under Article 226 of the Constitution of India and the challenge of the same at this stage is premature. 3. Though the learned counsel appearing for the petitioner contends that issuance of notice was unnecessary in facts of the present case, in view of Annexure-C, this Court is not persuaded to accept the said submission as the statutory body requires to follow the procedure in relation to entry of the name of particular person in the revenue record. In the absence of any jurisdictional error, illegality or violation of statutory provision, this Court is not inclined to interfere. 4. Accordingly the writ petition is dismissed. However, liberty is reserved to the petitioner to pursue her claim before the revenue authority. The authority shall consider the petitioner's application along with the objections, if any, and pass appropriate order in accordance - 4 - HC-KAR NC: 2026:KHC-D:38 WP No. 107592 of 2025 with law, within a reasonable time not exceeding 4 weeks from the date of the receipt of objections, if any. 5. All contentions of the parties are kept open. 6. No opinion is expressed on the merits or demerits of the case. In view of dismissal of the writ petition I.A.No.1/2025 does not survive for consideration. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 9