- 1 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 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.100417 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. IRAPPA S/O. TIRAKAPPA BHADRASHETTI, AGED ABOUT 51 YEARS, OCC: AGRICULTURE, R/AT. MUGALI VILLAGE, TQ: SHIGGAON, DIST: HAVERI. …PETITIONER (BY SRI. ABHISHEK BARIGIDAD, ADVOCATE FOR SRI. MRUTYUNJAYA TATA BANGI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER HAVERI, HAVERI DIST. 2. THE ASSISTANT COMMISSIONER SAVANUR, TQ: SHIGGOAN, DIST: HAVERI. 3. THE TAHASHILDAR SHIGGOAN, TQ: SHIGGOAN, DIST: HAVERI. 4. THE REVENUE INSPECTOR SHIGGAON, TQ: SHIGGAON, DIST: HAVERI. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 11:01:08 +0530 - 2 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 5. SRI. UMESH S/O. NINGAPPA BENAKANHALLI, AGED ABOUT 50 YEARS, OCC: AGRICULTURE, R/AT. CHIKKABENDIGERI, TQ: SHIGGAON, DIST: HAVERI. 6. SRI. YALLAPPA S/O. NINGAPPA BENAKANHALLI, AGED ABOUT 48 YEARS, OCC: AGRICULTURE, R/AT. CHIKKABENDIGERI, TQ: SHIGGAON, DIST: HAVERI. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4; SRI. M.D.AZANKHAN SAVANUR, ADVOCATE FOR C/R5; NOTICE TO R6 IS DISPENSED WITH VIDE ORDER DATED 22.01.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AND QUASH THE ORDERS OF THE DEPUTY COMMISSIONER HAVERI IN R.T.S./R.A.C.R. NO. 88/2023-24 DATED 12.09.2024 AS PER ANNEXURE-E1, ASSISTANT COMMISSIONER SAVANUR IN R.T.S./A.P.S.R/87/2023-24 AS PER ANNEXURE-D1 AND MUTATION ENTRIES AS THEY ARE CONTRARY TO LAW AND CONTRARY TO THE ALL SETTLED PROPOSITIONS OF LAW AND ETC. 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 - 3 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 ORAL ORDER The petitioner has called in question the order dated 12.09.2024 passed by the Deputy Commissioner, Haveri and also the order passed by the Assistant Commissioner, whereby the appeal and the revision filed by the petitioner challenging the mutation entries effected in favour of respondent Nos.5 and 6 came to be dismissed. Brief facts: 2. The land bearing Survey No.18/2 measuring 6 acres 18 guntas is the subject matter of the present writ petition. It is the case of the petitioner that the land originally belonged to his grandfather and thereafter devolved upon the petitioner's father and subsequently upon the petitioner by succession. 3. Respondent Nos.5 and 6 claimed title over the portion of the said land measuring 3 acres 9 guntas on basis of the Will dated 20.02.1989 said to have been executed by the grandfather of the petitioner. On the - 4 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 strength of the said Will, mutation entries were effected in the revenue records. The petitioner, on coming to know about the mutation entries, filed an appeal before the Assistant Commissioner, which came to be dismissed on the ground of limitation. The revision filed before the Deputy Commissioner, also came to be dismissed by order dated 12.09.2024. Aggrieved by the said order, the petitioner is before this Court. 4. The learned counsel for the petitioner contended that the alleged Will is bogus and unproved and the Revenue Authorities have mechanically accepted the claim of respondent Nos.5 and 6 without conducting a proper enquiry or affording adequate opportunity of hearing to the petitioner. It was urged that the orders of the Assistant Commissioner and the Deputy Commissioner suffered from violation of principles of natural justice and non-application of mind. - 5 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 5. Per contra, the learned counsel appearing for the respondents submitted that the mutation entries were made long back and the appeal itself was filed belatedly. It is contended that the Deputy Commissioner has rightly declined to interfere as the disputed questions relating to title and validity of the Will cannot be adjudicated in revenue proceedings and are required to be decided by the competent Civil Court. 6. This Court has carefully considered the rival contentions and perused the material on record. 7. It is well settled that the mutation entries are made for physical purposes and do not confer or extinguish title. When the claim for the petitioner is found on a challenge to the Will set up by respondent Nos.5 and 6, the same necessary involves disputed questions of fact relating to title, genuineness of the Will, and succession, which cannot be gone into the proceedings under Article 226 of the Constitution of India. The Assistant Commissioner - 6 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 dismissed the appeal on the ground of limitation, and the Deputy Commissioner on examination of record declined to interfere with the said order. This Court finds that the order passed by the Deputy Commissioner does not suffer from any jurisdictional error, perversity or patent illegality warranting interference. Significantly, the petitioner has already instituted a suit in O.S.No.7/2025 seeking partition, separate possession and declaration of title. The rights of the parties including the validity of the Will and entitlement of the property are matters which are required to be adjudicated in the Civil Suit. 8. In view of the matter, interference with the impugned orders passed by the Revenue Authorities is neither warranted nor justified. 9. Accordingly, the writ petition is dismissed. 10. It is made clear that the mutation entries in the revenue records shall be subject to the final outcome of O.S.No.7/2025 filed by the petitioner for partition, separate - 7 - HC-KAR NC: 2026:KHC-D:878 WP No. 100417 of 2025 possession and declaration, and the Civil Court shall decide the suit independently uninfluenced by the mutation entries for the orders passed by the Revenue Authorities. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 8