Gundappa vs The State Of Karnataka

Citation : 2026 Latest Caselaw 1960 Kant
Judgement Date : 6 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Gundappa vs The State Of Karnataka on 6 March, 2026

Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
                                              -1-
                                                            NC: 2026:KHC-K:2197
                                                      WP No. 201132 of 2026


                   HC-KAR




                              IN THE HIGH COURT OF KARNATAKA

                                      KALABURAGI BENCH

                            DATED THIS THE 6TH DAY OF MARCH, 2026

                                            BEFORE

                        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                        WRIT PETITION NO. 201132 OF 2026 (KLR-RR/SUR)

                   BETWEEN:

                   1.    GUNDAPPA
                         S/O SHIVAPPA ARAKI,
                         AGE: 62 YEARS, OCC: AGRICULTURE,
                         R/O MARAPALLI, TQ. CHINCHOLI,
                         DIST. KALABURAGI-585306.

                   2.    RACHAMMA
                         W/O LATE CHANDRAPPA,
                         AGE: 70 YEARS, OCC: HOUSEWIFE,
                         R/O MARAPALLI, TQ. CHINCHOLI,
                         DIST. KALABURAGI-585306.

Digitally signed   3.    GUNDAMMA
by SWETA
KULKARNI                 W/O SHARANPPA
Location: HIGH           AGE: 68 YEARS, OCC: HOUSEWIFE,
COURT OF                 R/O MARAPALLI, TQ. CHINCHOLI,
KARNATAKA
                         DIST. KALABURAGI-585306.

                   4.    SUBAMMA
                         W/O YALLAPPA ARAKI,
                         AGE; 69 YEARS, OCC: AGRICULTURE,
                         R/O MARAPALLI, TQ. CHINCHOLI,
                         DIST. KALABURAGI-585306.
                            -2-
                                        NC: 2026:KHC-K:2197
                                   WP No. 201132 of 2026


HC-KAR




     DEVANDRAPPA S/O LATE HANMANTH
     By HIS LRS,

5.   SINU S/O LATE DEVANDRAPPA,
     AGE: 40 YEARS, OCC: AGRICULTURE,
     R/O MARAPALLI, TQ CHINCHOLI,
     DIST. KALABURAGI-585306.

                                             ...PETITIONERS

(BY SRI. VEERSHETTY BAKKAPPA KONDAPALLI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA,
     DEPARTMENT OF REVENUE,
     M.S.BUILDING,
     BENGALURU-560001.

2.   THE REGIONAL COMMISSIONER,
     KALABURAGI, DIST. KALABURAGI-585102.

3.   THE DEPUTY COMMISSIONER,
     KALABURAGI, DIST. YADGIR-585101.

4.   THE ASSISTANT COMMISSIONER,
     SEDAM, DIST. KALABURAGI.

5.   THE TAHSILDAR,
     CHINCHOLI, DIST. KALABURAGI-585305.

6.   THE KARNATAKA STATE BOARD OF WAKFS,
     "DARULA A WAKF" NO.6, CUNNINGHAM ROAD,
     BENGALURU-560052
     REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

                                           ...RESPONDENTS

(BY SRI SHESHADRI JAISHANKAR M., AGA FOR R1 TO R5;
 SRI P. S. MALIPATIL, ADVOCATE FOR R6 THROUGH (VC))
                              -3-
                                            NC: 2026:KHC-K:2197
                                        WP No. 201132 of 2026


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING
THE RESPONDENTS TO DELETE THE NAME OF THE 6TH
RESPONDENT, IN RESPECT OF SY.NO.17/*HISS/1 AND
SY.NO.17/*HISS/5 AND SY.NO.17/*HISS/6 AND SY.NO.17/*
HISS/2 AND SY.NO.17/*HISS/3 AND SY.NO.17/*HISS/4
MEASURING 27 ACRES 16 GUNTAS, SITUATED AT MARAPALLI
VILLAGE TQ.CHINCHOLI, DIST.KALABURAGI IN COLUMN NO.11
FROM THE RECORD AS PER ANNEXURE-B AND C. B) PASS
SUCH OTHER ORDERS OR DIRECTIONS AS THIS HON'BLE
COURT DEEMS JUST AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT
PETITION.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                        ORAL ORDER

1. The petitioners are before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking for the following reliefs:

(i) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, directing the respondents to delete the name of the 6th respondent, in respect of Sy.No.17/*/Hiss/1 and Sy.No.17/*Hiss/5 and Sy.No.17/*Hiss, and Sy.No.17/*Hiss/2 and Sy.No.17/*Hiss/3 and Sy.No.17/*Hiss/4, measuring 27 acres 16 guntas, -4- NC: 2026:KHC-K:2197 WP No. 201132 of 2026 HC-KAR situated at Marapalli village, taluk Chincholi, district Kalaburagi, in column No.11 from the record as per Annexure-B & C, in the interest of justice;
(ii) Pass such other orders or directions as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this writ petition, in the interest of justice and equity.

2. The petitioners claims to be the absolute owners in possession of the property bearing Sy.No.17/*Hiss/1 and Sy.No.17/*Hiss/5 and Sy.No.17/*Hissa/6, and Sy.No.17/*Hiss/ and Sy.No.17/*Hiss/ and Sy.No.17/*Hss, measuring 27 acres 16 guntas situated at Marapalli village, taluk Chincholi, district Kalaburagi.

3. The grievance of the petitioners is that, the name of the 6th respondent has been entered in the revenue records of the aforesaid land illegally and without notice to them. It is under these circumstances, they are before this Court.

-5-

NC: 2026:KHC-K:2197 WP No. 201132 of 2026 HC-KAR

4. Learned Additional Government Advocate brings to the notice of this Court that, the petitioners have approached this Court even without filing necessary application before the Tahasildar to delete the name of 6th respondent from the revenue records of the land in question.

5. In view of the aforesaid, the writ petition is disposed of granting liberty to the petitioners to file necessary application before the 5th respondent-Tahasildar seeking appropriate relief. If such application is filed along with supportive documents, the respondent No.5- Tahasildar shall consider the same and shall pass appropriate orders in accordance with law as expeditiously as possible, but not later than a period of four months from the date of receipt of such application.

Sd/-

(S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 16 CT:PK