SMT. RATNAVVA W/O MAHADEVAPPA HALIKERI v. THE STATE OF KARNATAKA
WP/103457/2021 · 2026-01-23
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 53562 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53562 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:899 WP No. 103119 of 2021 C/W WP No. 103174 of 2021 WP No. 103457 of 2021
IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.103119 OF 2021 (KLR-RES) C/W WRIT PETITION NO.103174 OF 2021 (KLR-RR/SUR) WRIT PETITION NO.103457 OF 2021 (KLR-RR/SUR)
IN WP No.103119/2021: BETWEEN:
1. SMT. RATNAVVA W/O. MAHADEVAPPA HALLIKERI AGE: 74 YEARS, OCC: AGRICULTURE,
2. SMT. SHIVABASAVVA D/O. MAHADEVAPPA HALLIKERI AGE: 58 YEARS, OCC: AGRICULTURE,
3. SHASHIDHAR S/O. MAHADEAPPA HALLIKERI AGE: 51 YEARS, OCC: AGRICULTURE, PETITIONERS ARE RESIDENT OF YELEKKI OWNI, HOSARETTI VILLAGE, TQ. AND DIST: HAVERI. …PETITIONERS (BY SRI. D.M.MALLI AND SRI. MANJUNATH A.KARIGANNAVAR, ADVOCATES P1;
SRI. VINAY S.KOUJALAGI, ADVOCATE FOR P2 AND P3)
AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU. 2. THE DEPUTY COMMISSIONER HAVERI, DIST: HAVERI. 3. THE ASSISTANT COMMISSIONER HAVERI SUB-DIVSION, HAVERI, DIST: HAVERI. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.16 12:54:03 +0530
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4. THE TASHILDHAR HAVERI, DIST: HAVERI. 5. CHANSABSAPPA BASAVENAPPA MAYAGATTI DECEASED BY HIS LRs.,
5A. ADIVEPPA CHANNABASAPPA MAYAGATTI AGE: 82 YEARS, OCC: AGRICULTURE, R/O. NEAR KANTESH ANJENAYYA TEMPLE, DYAMAVVAGUDI OWNI, KADARMANDALGI VILLAGE, TQ: BYADAGI, DIST: HAVERI. 6. VEERAPPA S/O. ANDANEPPA HALLIKERI AGE: 70 YEARS, OCC: AGRICULTURE, R/O. NEAR PYATTI ANJENAYYA TEMPLE, HOSARETTI VILLAGE, TQ. AND DIST: HAVERI. 7. MALTESH S/O. NINGAPPA TUKKAMMANAVAR AGE: 60 YEARS, OCC: AGRICUTLURE, R/O. AKKUR VILLAGE, TQ. AND DIST: HAVERI. 8. YALUKOTTEPPA NINGAPPA TUKKAMMANAVAR AGE: 58 YEARS, OCC: AGRICULTURE, R/O. AKKUR VILLAGE, TQ. AND DIST: HAVERI. 9. SUSHILA RUDRAPPA HALLIKERI AGE: 54 YEARS, OCC: HOUSEWIFE AND AGRICULTURE, R/O. HOSARETTI VILLAGE, TQ. AND DIST: HAVERI. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4)
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 BY QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 IN RTS:RA:CR-32:2015-16, DATED 08.07.2021 VIDE ANNEXURE-F AND THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.3 IN RTS/AP/100/2014-15 DATED 06.07.2015 VIDE ANNEXURE-C AND ETC. - 3 -
HC-KAR NC: 2026:KHC-D:899 WP No. 103119 of 2021 C/W WP No. 103174 of 2021 WP No. 103457 of 2021
IN WP NO.
103174/2021:
BETWEEN:
1. SMT. RATNAVVA W/O. MAHADEVAPPA HALLIKERI AGE: 74 YEARS, OCC: AGRICULTURE,
2. SMT. SHIVABASAVVA D/O. MAHADEVAPPA HALLIKERI AGE: 58 YEARS, OCC: AGRICULTURE,
3. SHASHIDHAR S/O. MAHADEVAPPA HALLIKERI AGE: 51 YEARS, OCC: AGRICUTLURE, PETITIONERS ARE RESIDENT OF YALEKKI OWNI, HOSARETTI VILLAGE, TQ. AND DIST: HAVERI. ...PETITIONERS (BY SRI. D.M.MALLI AND SRI. MANJUNATH A.KARIGANNAVAR, ADVOCATES P1;
SRI. VINAY S.KOUJALAGI, ADVOCATE FOR P2 AND P3)
AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HAVERI, DIST: HAVERI-581213. 3. THE ASSISTANT COMMISSIONER HAVERI, DIST: HAVERI-581213. 4. THE TASHILDHAR HAVERI, DIST: HAVERI-581213. 5. PUTTAPPA TIRAKAPPA YAGATTI DECEASED BY HIS LR'S
5A. ANDANEPPA PUTTAPPA YAGATTI @ ANDANEPPA MAHADEVAPPA HALLIKERI, DECEASED BY HIS LRS.,
5A.1. VEERAPPA S/O. ANDANEPPA HALLIKERI AGE: 50 YEARS, OCC: AGRICULTURE,
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R/O: NEAR PYATTI ANJENAYYA TEMPLE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 5A.2. TIRAKAPPA ANDANEPPA HALLIKERI DECEASED BY HIS LRs.,
5A.2.1. LALITA D/O. TIRAKAPPA HALLIKERI AGE: 48 YEARS, OCC: HOUSEWIFE, R/O: 1351, 9TH MAIN, 4TH CROSS, HAMPI NAGAR BUSTAND OPPOSITE, 2ND STAGE BENGALURU-560003. 5A.2.2. CHANNABASAVESH S/O. TIRAKAPPA HALLIKERI, AGE: 46 YEARS, R/O: 1351, 9TH MAIN, 4TH CROSS, HAMPI NAGAR BUSTAND OPPOSITE, 2ND STAGE, BENGALURU-560003. 5A.2.3. CHARAN S/O. TIRAKAPPA HALLIKERI AGE: 44 YEARS, R/O: 1351, 9TH MAIN, 4TH CROSS, HAMPI NAGAR BUSTAND OPPOSITE, 2ND STAGE, BENGALURU-560003. 6. BASAVARAJ BUDIVANTAPPA GONNEMANAVAR AGE: 60 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581913. 7. MOHAN BUDIVANTAPPA GONNEMANAVAR DECEASED BY HIS LRS.,
7A. ANITA D/O. MOHAN GONNEMANAVAR AGE: 55 YEARS, OCC: HOUSEWIFE,
7B. AKSHATA D/O. MOHAN GONNEMANAVAR AGE: 36 YEARS, OCC: HOUSEWIFE,
7C. AMIT S/O. MOHAN GONNEMANAVAR AGE: 33 YEARS, OCC: HOUSEWIFE,
7A TO C ARE RESIDENTS OF NEAR MILK DIARY, OM SRI GONI BASAVESHWAR NILAYA, KAVELETTU VILLAGE, TQ: & DIST: HAVERI-581913. - 5 -
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8. BHASKAR BUDIVANTAPPA GONNEMANAVAR AGE: 45 YEARS, OCC: AGRICULTURE, R/O: HOSAPETE CIRCLE, BADIGER OWNI, HARIRA, TQ: HARIHARA, DIST: DAVANGERE-577001. 9. SHARADA YALLAPPA GONNEMANAVAR AGE: 44 YEARS, OCC: HOUSEWIFE, KAVALETTU VILLAGE, TQ: RANNEBENNUR & DIST: HAVERI-581115. 10.
SHIVAKUMAR YALLAPPA GONNEMANAVAR AGE: 46 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 11. LOKESH YALLAPPA GONNEMANAVAR AGE: 48 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 12. ARUNA MADHUSUDHAN SHETTY AGE: 37 YEARS, OCC: HOUSEWIFE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 13. SAVITA TARKESHMURTHY GONNEMANAVAR AGE: 49 YEARS, OCC: HOUSEWIFE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 14. RENUKA W/O. GURURAJ GONNEMANAVAR AGE: 33 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 15. MEGHA D/O. GURURAJ GONNEMANAVAR AGE: 31 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581913. 16. DYAMAVVA DYAMAPPA BAGILAD AGE: 60 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI -571213. - 6 -
HC-KAR NC: 2026:KHC-D:899 WP No. 103119 of 2021 C/W WP No. 103174 of 2021 WP No. 103457 of 2021
17. BASAVVA W/O. DYAMAPPA BAGILAD AGE: 55 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581913. 18. LATIF SAB AMMINSAB KUNDI AGE: 59 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. 19. DYAMAVVA DYAMAPPA BAGILAD AGE: 60 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI-581213. ...RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4)
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 BY QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 IN RTS:RA:CR-34:2015-16, DATED 08.07.2021 VIDE ANNEXURE-F AND THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.3 IN RTS/AP/98/2014-15, DATED 06.07.2015 VIDE ANNEXURE-C AND ETC. IN WP NO. 103457/2021: BETWEEN:
1. SMT. RATNAVVA W/O. MAHADEVAPPA HALLIKERI AGE: 74 YEARS, OCC: AGRICULTURE,
2. SMT. SHIVABASAVVA D/O. MAHADEVAPPA HALLIKERI AGE: 58 YEARS, OCC: AGRICULTURE,
3. SHASHIDHAR S/O. MAHADEVAPPA HALLIKERI AGE: 51 YEARS, OCC: AGRICUTLURE, PETITIONERS ARE RESIDENT OF YALEKKI OWNI, HOSARETTI VILLAGE, TQ. AND DIST: HAVERI. ...PETITIONERS (BY SRI. D.M.MALLI AND
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SRI. MANJUNATH A.KARIGANNAVAR, ADVOCATES P1;
SRI. VINAY S.KOUJALAGI, ADVOCATE FOR P2 AND P3)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU. 2. THE DEPUTY COMMISSIONER, HAVERI, DIST: HAVERI. 3. THE ASSISTANT COMMISSIONER, HAVERI SUB-DIVISION, HAVERI, DIST: HAVERI. 4. THE TASHILDHAR, HAVERI, DIST: HAVERI,
GUNDURAO BHIMRAO SHIRALKAR DECEASED BY HIS LRs.,
KRISHNAMURTI GUNDURAO SHIRALKAR DECEASED BY HIS LRs.,
5. RAMCHANDRA KRISHNAMURTI SHIRALKAR AGE: 71 YEARS, OCC: BUSINESS,
6. LAXMAN KRISHNAMURTI SHIRALKAR AGE: 68 YEARS OCC: BUSINESS,
7. SRINIVAS KRISHNAMURTI SHIRALKAR AGE: 65 YEARS, OCC: BUSINESS,
8. GURURAJ KRISHNAMURTI SHIRALKAR AGE: 63 YEARS, OCC: BUSINESS,
5 TO 8 RESIDENTS OF ISHWAR GUDI OWNI, NEAR RAGHAVENDRA MATH HAVERI, TQ: & DIST: HAVERI. - 8 -
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RAGHAVENDRA BHIMRAO KULKARNI DECEASED BY HIS LRs.,
RAMCHANDRA RAGHAVENDRA KULKARNI DECEASED BY HIS LRs.,
9. RAGHAVENDRA RAMCHANDRA KULKARNI AGE: 65 YEARS, OCC: AGRICULTURE, R/O: MENAXI CHOWK, BHAGAWAT BUILDING, GODGOLE MALA, VIJAYPUR, TQ: & DIST: VIJAYPUR. 10. ANILKUMAR RAMCHANDRA KULKARNI AGE: 63 YEARS, OCC: AGRICULTURE, R/O: SALERA OWNI, NEAR ARALIGIDA KATTI, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 11. NAGARAJ RAMCHANDRA KULKARNI AGE: 61 YEARS, OCC: AGRICULTURE, R/O: JAYANAG NILAYA, POLICE QUATERS, NEAR GRAMENA POLICE STATION, HANGAL ROAD, HAVERI, TQ: & DIST: HAVERI. 12. GOPANNA RAGHAVENDRA KULKARNI AGE: 90 YEARS, OCC: RETIRED HEADMASTER, R/O: (GURUKUL) SALERA OWNI, NEAR ARALIGIDA KATTI, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 13. DYAMAVVA DYAMAPPA BAGILAD AGE: 74 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 14. BASAVVA W/O. DYAMAPPA BAGILAD AGE: 68 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 15. DYAMAVVA DYAMAPPA BAGILAD AGE: 74 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. - 9 -
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16. GUDLEPPA FAKIRAPPA DEEPAVALI AGE: 50 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 17. SHIVANANAD FAKIRAPPA DEEPAVALI AGE: 53 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 18.
MALLESHAPPA FAKIRAPPA DEEPAVALI AGE: 52 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 19. UDACHAPPA FAKIRAPPA DEEPAVALI AGE: 51 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. 20. GUDLEPPA FAKIRAPPA DEEPAVALI AGE: 50 YEARS, OCC: AGRICULTURE, HOSARETTI VILLAGE, TQ: & DIST: HAVERI. ...RESPONDENTS
(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4)
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 BY QUASHING THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 IN RTS:RA:CR-33:2015-16 DARED 08.07.2021 VIDE ANNEXURE-F AND THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.3 IN RTS/AP/99/2014-15 DATED 06.07.2015 VIDE ANNEXURE-C AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE K.S.HEMALEKHA
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COMMON ORAL ORDER
These writ petitions are connected, interrelated and arise out of similar facts and identical questions of law, hence they are taken up together and disposed of by this common order.
2. The petitioners, who claim to be the legal heirs of the original landowner, have called in question the orders passed by the Assistant Commissioner and the Deputy Commissioner in their respective appeal proceedings, whereby the appeals filed by the petitioners challenging ancient mutation entries were dismissed on the ground of inordinate and unexplained delay.
Brief Facts:
3. The case of the petitioners in brief is that their predecessor-in-interest had, several decades ago, submitted a varadhi before the revenue authorities relinquishing rights over the subject agricultural land in favour of the private respondents, pursuant to which,
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mutation entries were effected and certified during the years 1928, 1929 and 1937 as the case may be. After the lapse of several decades, the petitioners filed appeals before the Assistant Commissioner under the provisions of the Karnataka Land Revenue Act, 1964 (“the Act 1964” for short), seeking to challenge the said mutation entries, along with the application for condonation of delay under Section 5 of the Limitation Act.
4. The Assistant Commissioner dismissed the appeals solely on the ground that the enormous delay running into several decades are not satisfactorily explained. The said orders were carried in appeals before the Deputy Commissioner, who, by the impugned orders, affirmed the reasoning of the Assistant Commissioner and dismissed the appeals. Aggrieved, the petitioners are before this Court.
5.
Learned counsel for the petitioners contends that the revenue authorities erred in dismissing the
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appeals, without examining the legality and validity of the mutation entries. The impugned orders are mechanical and disclose non-application of mind. It is contended that the authorities failed to exercise their revisional and appellate jurisdiction in accordance with law. Mere delay ought not to have come in the way of examining and allegedly illegal mutation affecting valuable immovable property.
6. Per contra learned Additional Government Advocate for respondents-State submits that the mutation entries are effected nearly 90 years ago, pursuant to voluntary relinquishment. The petitioners or their predecessor never questioned the entries during their lifetime and the revenue proceedings cannot be converted into a form of adjudication of civil dispute. By justifying the orders passed by the Assistant Commissioner and the Deputy Commissioner are legal and submits that no interference is called for.
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7. On careful consideration of the material on record and the submissions made, this Court is of the considered view that no grounds are made out for interference for the following reasons: (i) mutation entries in question are effected and certified as early as 1928, 1929 and 1937 and have remained unquestioned for several decades. (ii) the petitioners have failed to offer any satisfactory explanation for the enormous and unexplained delay in approaching the revenue authorities. (iii) the revenue authorities are justified in rejecting appeals where the delay is gross, abnormal and defeats the very purpose of revenue administration. (iv) Mutation entries are maintained for fiscal purpose and do not confer or extinguish title. Any dispute relating to title necessary falls within the domain of the competent Civil Court.
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8. The Assistant Commissioner and the Deputy Commissioner have confined the consideration to the question of limitation, which was the threshold issue and no perversity or jurisdictional error is shown. Accordingly this Court finds no arbitrariness, illegality or procedural impropriety in the impugned orders warranting interference.
9. For the foregoing reasons this Court pass the following:
ORDER i. The writ petitions are hereby dismissed. ii. It is however, made clear that the dismissal of these writ petitions shall not preclude the petitioner from availing such remedies are available to them in accordance with law, if so advised.
Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 2