SUBANSAB S/O HATALSAB NADAF v. THE STATE OF KARNATAKA
WP/107570/2023 · 2026-02-09
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5493 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5493 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1827 WP No. 107570 of 2023
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 9TH DAY OF FEBRUARY 2026
BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO.107570 OF 2023 (KLR-RR/SUR)
BETWEEN:
1. SUBANSAB S/O. HATELSAB NADAF AGE: 55 YEARS, OCC: AGRICULTURE, R/O: KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 2. DADASAB S/O. HATELSAB NADAF AGE: 54 YEARS, OCC: AGRICULTURE, R/O: KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 3. CHANDRUSAB S/O. HATELSAB NADAF AGE: 52 YEARS: OCC: AGRICULTURE, R/O:KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 4. SMT. ALLABU W/O. PEERSAB NADAF AGE: 50 YRS: OCC: HOUSEHOLD, R/O:KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ HUBBALLI, DIST: DHARWAD-580 023. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.16 12:54:05 +0530
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5. SMT. SHANAZBANU W/O. RAFIK NADAF AGE: 47 YEARS: OCC: HOUSEHOLD, R/O:KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 6. SMT. SHAKEELBANU W/O. MAKTUMSAB NADAF AGE: 45 YEARS: OCC: HOUSEHOLD, R/O: KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 7. SMT. PARVEENBANU W/O. BABUSAB @IBRAHIM NADAF, AGE: 40 YEARS OCC: HOUSEHOLD, R/O: KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 8. KALANDHAR S/O. BABUSAB NADAF AGE: 39 YEARS: OCC: AGRICULTURE, R/O:KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. 9. SHABANA D/O. BABUSAB NADAF AGE: 37 YEARS: OCC: AGRICULTURE, R/O: KUNDKAR COLONY, SHABARI NAGAR, KUSUGAL ROAD, KESHWAPUR, HUBBALLI TQ: HUBBALLI, DIST: DHARWAD-580 023. …PETITIONER (BY SRI. R.H.ANGADI, ADVOCATE)
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AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY THE DEPUTY COMMISSIONER, DHARWAD, D.C COMPUND, DHARWAD-580 001. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 021. 3. THE ASSISTANT COMMISSIONER DHARWAD SUB-DIVISION, D.C.COMPOUND, DHARWAD-580 001. 4. THE TAHSILDAR DHARWAD TALUKA, DHARWAD, OPP: BASEL MISSION ENGLISH MEDIUM SCHOOL, STATION ROAD, DHARWAD -580 001. …RESPONDENTS (BY SMT.
NANDINI B.SOMAPUR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO KINDLY QUASH AN ENDORSEMENT DATED /03/2023, BEARING NO.L.N.D/C.R/39/2022- 23, ISSUED BY THE RESPONDENT NO.4, VIDE ANNEXURE-F AND CONSEQUENTLY ISSUE DIRECTION TO RESPONDENTS TO CONSIDER REPRESENTATION DATED 16/12/2014 AS PER ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. 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
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HC-KAR NC: 2026:KHC-D:1827 WP No. 107570 of 2023
ORAL ORDER
The petitioners have called in question the endorsement issued by the Tahasildar, Dharwad taluk, whereby the request of the petitioners seeking deletion of the entry showing the name of ‘Government’, in the revenue records in respect of land bearing Survey No.182/B measuring 9 guntas 1 anna situated at Rayapur Village, Dharwad taluk, came to be declined, and seeking a consequential direction to the respondent to consider the representation dated 16.12.2014 submitted by the petitioners.
Brief Facts
2. The petitioners are claiming to be the owners of land bearing Survey No.182/B measuring 9 guntas 1 anna, situated at Rayapur village of Dharwad Taluk. Case of the petitioners is that, the revenue records reflected the name of the ‘Government’ in respect of the said land pursuant to the proceedings initiated under the Karnataka Urban Land
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(Ceiling and Regulation) Act, 1976 (“the Act 1976” for short) and the consequential mutation entries. After the repeal of the said Act 1976, the petitioners submitted a representation dated 16.12.2014 seeking deletion of the entry made as ‘Government’ and correction of the revenue records in their favour. As no action was taken, the petitioners pursue the matter before the Revenue Authorities. The Tahasildar, Dharwad taluk, by the endorsement declined to delete the said entry on the ground that it has emanated from proceedings under the Act 1976. Aggrieved by the said endorsement, the petitioners have filed this writ petition.
3.
Learned counsel for the petitioners contends that the impugned endorsement issued by the Tahasildar, is arbitrary and unsustainable in law. It is submitted that the Act, 1976 has been repealed and therefore the very basis for continuation of the entry showing the name of the ‘Government’, in the revenue records does not survive. It is contended that despite submission of a detailed
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representation dated 16.12.2014, the Tahasildar has failed to exercise jurisdiction vested in him under the Karnataka Land Revenue Act to correct the entries. It is therefore contended that non-deletion of the name of the ‘Government’ deprives the petitioners from their right to enjoy and deal with the property.
4. Per contra, learned Additional Government Advocate supports the impugned endorsement and submits that the entry in question is not a routine mutation entry, but it was made pursuant to the proceedings under the Act
1976. It is contended that unless the foundational orders have passed under the Act 1976, are questioned and set aside before the competent forum, the revenue authorities cannot delete such entries. The Tahasildar therefore rightly declined the request of the petitioners.
5. This Court has carefully considered the rival
contentions and perused the material on record.
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6. The Tahasildar, while issuing the endorsement, has recorded that the entry reflecting the name of ‘Government’ in respect of Sy.No.182/B has its genesis in proceedings initiated under the Act 1976 and the consequent mutation entry. On that basis, the Tahasildar has concluded that the request of deletion of the entry cannot be considered at this level and the matter requires
consideration by the appropriate authority. Accordingly the request of the petitioners came to be declined.
7. It is not in dispute that entries showing the name of the ‘Government’, in the revenue records have been made pursuant to the proceedings under the Act 1976. Such an entry cannot be equated to simple fiscal or clerical entry capable of being corrected by the Tahasildar in exercise of powers under the Karnataka Land Revenue Act. Unless the petitioners successfully challenge the original proceedings or orders under the Act 1976 before the competent authority or forum, the consequential revenue entries cannot be deleted. The Tahasildar has rightly
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declined to delete the entry, as the revenue authorities cannot sit in appeal or nullify the effect of statutory proceedings under a special enactment. There is no jurisdictional error or illegality demonstrated in the impugned endorsement warranting any interference.
8. Accordingly, the writ petition is dismissed.
9. However, liberty is reserved to the petitioners to challenge the entry indicating the name of the ‘Government’ in the revenue records, which is stated to have been made pursuant to the proceedings under the Act 1976, if so advised, in accordance with law.
Sd/- JUSTICE K.S.HEMALEKHA
EM Ct:VH List No.: 1 Sl No.: 2