- 1 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.104050 OF 2021 (GM-RES) BETWEEN: 1. SHRI. MANOHAR S/O. RAMACHANDRA JADHAV, AGE. 45 YEARS, OCC. AGRICULTURE, R/O. KOKATNUR, TQ. ATHANI, DIST. BELAGAVI, PIN-591304. 2. SMT. SAJABAI W/O. MANOHAR JADHAV, AGE. 35 YEARS, OCC. HOUSE HOLD WORK, R/O KOKATNUR, TQ. ATHANI, DIST. BELAGAVI, PIN-591304. - PETITIONERS (BY MISS. SANJANA S.MUDHOL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST. BELAGAVI, PIN-590001. 3. THE ASSISTANT COMMISSIONER, CHIKODI SUB-DIVISION, CHIKODI, AT. CHIKODI, DIST. BELAGAVI, PIN-591201. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.01.09 10:54:54 +0530 - 2 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 4. THE TAHASILDAR, ATHANI, TQ. ATHANI, DIST. BELAGAVI, PIN-591201. 5. SMT. DEEPALI CALLING HERSELF AS W/O. RAMACHANDRA JADHAV, AGE. 32 YEARS, OCC. HOUSE HOLD WORK, R/O. KRISHNA KITTUR, TALUK. ATHANI, DIST. BELAGAVI, PIN-591304. …RESPONDENTS (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADV. FOR R1 TO R4; SRI. SRINAND A.PACHCHAPURE, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, 1. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 16/09/2021 IN NO.RB/RTA/144/2018-19 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-G. 2. TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED CERTIFICATE DATED 20/1/2012 IN NO.KUJEESAVEVA/TELASANG/490/2011 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-C SO FAR AS IT RELATES TO ENTERING THE NAME OF THE 5TH RESPONDENT IS CONCERNED. 3. TO ISSUE ANY OTHER ORDER, DIRECTIONS AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 ORAL ORDER The present writ petition is filed seeking the following prayers: 1. To issue writ in the nature of certiorari to quash the impugned order dated 16.09.2021 in No. RB/RTA/144/2018-19 passed by the 2nd respondent vide Annexure-G. 2. To issue writ in the nature of certiorari to quash the impugned certificate dated 20.01.2012 in No. KUJEESAVEVA/TELASANG/490/2011 issued by the 4th respondent vide ANNEXURE-C so far as it relates to entering the name of the 5th respondent is concerned. 2. The petitioners are the parents of the deceased Ramachandra and the 5th respondent is the wife of Ramachandra. It is the case of the petitioners that the petitioners’ family and the father of the 5th respondent and elders in the family have decided to conduct the marriage between the deceased Ramachandra, i.e., the son of the petitioners, with the 5th respondent and their engagement was performed on 21.03.2003 and ‘Vivah Nischaya Yadi’ was executed between both the families in the presence of elders. Ramachandra died unmarried and the 5th respondent is no-way concerned or related to Ramachandra or the petitioners. The 5th - 4 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 respondent has made an application to the 4th respondent seeking to issue survivorship certificate contending that she is the wife of deceased Ramachandra and the petitioners are their father and mother. The Tahasildar issued a certificate dated 20.01.2012. In that it is mentioned that the 5th respondent is the wife even though the marriage of the 5th respondent was not solemnized and there is no reliable proof of the alleged marriage between Ramachandra and the 5th respondent. It is also stated that third respondent has issued an endorsement to the petitioners and such endorsement is non speaking and does not have legal sanctity. Petitioners being aggrieved by the certificate issued by the Tahasildar have preferred an appeal before the third respondent and the third respondent after hearing both sides allowed the appeal and set aside the order passed by the Tahasildar and remanded the matter for fresh enquiry by order dated 25.02.2019. The 5th respondent has filed a revision petition u/S 136 (3) of the Karnataka Land Revenue Act. It is stated that the matter was adjourned from time to time. The second respondent passed the impugned order without hearing the petitioners. The 5th respondent made an application to enter her name in the property records in respect of one agricultural land. The - 5 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 revenue authorities certified mutation entry against which the petitioners have filed an appeal which came to be allowed by setting aside the impugned order and remitted the matter for fresh consideration. It is submitted that it is the case of the petitioners that they have no other alternative remedy but to come before this Court by filing the present writ petition. 3. Learned counsel for the petitioners submits that the Tahasildar without any basis has issued the certificate and basing on the said certificate the 5th respondent is seeking mutation in the revenue records. It is further submitted that the suit filed by the wife seeking partition is pending before the learned Principal Senior Civil Judge, Athani, i.e., O.S. No. 171/2016 and an issue in this regard is already framed. It is submitted that the Tahasildar has no business to give a certificate to the 5th respondent when the marriage itself has not taken place. 4. Learned counsel for the 5th respondent submits that the certificate that is issued by the Tahasildar is not the succession certificate but it is a survivor certificate and already a suit is filed and an issue is framed with regard to the relationship of the 5th - 6 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 respondent with the petitioners and their son. It is the contention of the learned counsel that all these issues will be decided in the pending suit and the petitioners cannot come before this Court and they cannot file an appeal / revision against the issuance of survivor certificate and they cannot file a writ petition before this Court. It is the submission that the trial Court will independently decide all these issues between the parties and the writ petition has to be dismissed. 5. Having heard the learned counsels on either side, perused the material on record. According to the 5th respondent she is the wife of late Ramachandra. Late Ramachandra is none other than the son of the petitioners. According to the petitioners there was an engagement ceremony performed between the 5th respondent and late Ramachandra but the marriage had not taken place and he died in the year 2011. The Tahsdildar without any basis had issued the survivor certificate. The submission of the learned counsel for the respondent that the said certificate cannot be questioned before the Court and against that a writ petition is not maintainable, this Court is not able to appreciate the said submission. When an order is passed by an authority there should be a remedy against the said order to the aggrieved. These kind of certificates that are issued by - 7 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 the revenue authorities will not have any evidentiary value when the parties are disputing the relationship, it has to be decided by the competent civil Court after a full fledged trial. 6. Now in this case when the 5th respondent is claiming that she is the legally wedded wife of deceased Ramachandra, the burden lies on her and once it is proved that she is the wife then only she will be entitled for partition. The certificate issued by the Tahasildar cannot be a basis for the civil Court to consider that the 5th respondent is the legally wedded wife of Ramachandra. Notwithstanding the fact that the survivor certificate is issued, the civil Court has to independently deal with the issue and shall arrive at a just conclusion. In the light of the above discussion, this Court is passing the following order. ORDER (i) O.S. No. 171/2006 pending on the file of the Prl. Sr. Civil Judge & JMFC, Athani shall decide the issue that is framed with regard to the relationship between the parties in an independent manner without considering the survivor certificate that is issued by the Tahasildar; - 8 - HC-KAR NC: 2026:KHC-D:111 WP No. 104050 of 2021 (ii) This Court has not expressed any opinion on the merits of the matter and whatever observations of this Court are only for the purpose of deciding the present writ petition and the trial Court shall decide the suit uninfluenced by any of the observations made in this order. (iii) Writ petition is accordingly disposed off. (iv) All pending IAs in this petition shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 45