Smt. Zameera D/O. Abdul Rehman Kashimji vs Smt. Mahadevi W/O. Manjunath Naik

Citation : 2026 Latest Caselaw 2635 Kant
Judgement Date : 25 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

Smt. Zameera D/O. Abdul Rehman Kashimji vs Smt. Mahadevi W/O. Manjunath Naik on 25 March, 2026

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                                                             NC: 2026:KHC-D:4620
                                                       WP No. 108212 of 2015


                    HC-KAR



                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                          DATED THIS THE 25TH DAY OF MARCH, 2026
                                         BEFORE
                             THE HON'BLE MS. JUSTICE JYOTI M
                   WRIT PETITION NO. 108212 OF 2015 (KLR-RR/SUR)

                   BETWEEN:

                   SMT. ZAMEERA
                   D/O. ABDUL REHMAN KASHIMJI,
                   AGE: 42 YEARS,
                   OCC: AGRICULTURE,
                   R/O. 130, MAIN ROAD, TQ: BHATKAL,
                   DIST: UTTAR KANNADA.
                                                                     ...PETITIONER
                   (BY SRI. SANGRAM.S.KULKARNI, ADVOCATE)

                   AND:

                   1.   SMT. MAHADEVI W/O. MANJUNATH NAIK,
                        AGE: 52 YEARS, OCC: AGRICULTURE,
                        R/O. VENKATAPUR VILLAGE,
                        TQ: BHATKAL, DIST: UTTAR KANNADA.

Digitally signed
by
                   2.   SHRI. KRISHNA S/O. MANJUNATH NAIK,
PREMCHANDRA
MR
Location: HIGH
                        AGE: 33 YEARS, OCC: AGRICULTURE,
COURT OF
KARNATAKA               R/O. VENKATAPUR VILLAGE,
                        TQ: BHATKAL, DIST: UTTAR KANNADA

                   3.   SHRI. VENKAPPA S/O. JATTA NAIK,
                        AGE: 77 YEARS, OCC: AGRICULTURE,
                        R/O. VENKATAPUR VILLAGE,
                        TQ: BHATKAL, DIST: UTTAR KANNADA.

                   4.   SMT. NEGAMMA D/O. JATTA NAIK
                        AGE: 59 YEARS, OCC: AGRICULTURE,
                        R/O. VENKATAPUR VILLAGE,
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                                    WP No. 108212 of 2015


 HC-KAR



     TQ: BHATKAL, DIST: UTTAR KANNADA.

5.   SMT. JETTEMMA
     @ CHANNAMMA D/O. JATTA NAIK,
     AGE: 57 YEARS, OCC: AGRICULTURE,
     R/O. VENKATAPUR VILLAGE,
     TQ: BHATKAL, DIST: UTTAR KANNADA.

6.   SMT. MASTAMMA D/O. VENKAPPA NAIK,
     AGE: 52 YEARS, OCC: AGRICULTURE,
     R/O. VENKATAPUR VILLAGE,
     TQ: BHATKAL, DIST: UTTAR KANNADA.

7.   SMT. SHOBHA D/O. VENKAPPA NAIK,
     AGE: 29 YEARS, OCC: AGRICULTURE,
     R/O. VENKATAPUR VILLAGE,
     TQ: BHATKAL, DIST: UTTAR KANNADA.

8.   SMT. KUSUMA D/O. VENKAPPA NAIK,
     AGE: 26 YEARS, OCC: AGRICULTURE,
     R/O. VENKATAPUR VILLAGE,
     TQ: BHATKAL, DIST: UTTAR KANNADA.

9.   SMT. PREMA D/O. VENKAPPA NAIK,
     AGE: 24 YEARS, OCC: AGRICULTURE,
     R/O. VENKATAPUR VILLAGE,
     TQ: BHATKAL, DIST: UTTAR KANNADA.

10. SHRI. KRISHNA S/O. VENKAPPA NAIK,
    AGE: 23 YEARS, OCC: AGRICULTURE,
    R/O. VENKATAPUR VILLAGE,
    TQ: BHATKAL, DIST: UTTAR KANNADA.

11. LAMBODHAR S/O. MANJUNATH NAIK,
    AGE: 31 YEARS, OCC: AGRICULTURE,
    R/O. VENKATAPUR VILLAGE,
    TQ: BHATKAL, DIST: UTTAR KANNADA.
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                                    WP No. 108212 of 2015


HC-KAR




12. SMT. PARAMESHWARI W/O. VENKAPPA NAIK,
    AGE: 56 YEARS, OCC: AGRICULTURE,
    R/O. VENKATAPUR VILLAGE,
    TQ: BHATKAL, DIST: UTTAR KANNADA.

13. SHRI SHANKAR S/O. VENKAPPA NAIK,
    AGE: 26 YEARS, OCC: AGRICULTURE,
    R/O. VENKATAPUR VILLAGE,
     TQ: BHATKAL, DIST: UTTAR KANNADA.

14. SMT. LAXMI W/O. MANJUNATH NAIK,
    AGE: 24 YEARS, OCC: AGRICULTURE,
    R/O. VENKATAPUR VILLAGE,
    TQ: BHATKAL.

15. THE TAHASILDAR ,
    BHATKAL TALUKA
    DIST: UTTAR KANNADA.

16. THE ASSISTANT COMMISSIONER,
    BHATKAL TALUK,
    DIST: UTTAR KANNADA,

17. THE DEPUTY COMMISSIONER,
    UTTAR KANNADA DISTRICT,
    KARWAR.
                                                 ...RESPONDENTS
(BY SRI.SUHAS.K.HOSAMANI, ADVOCATE FOR
 SRI.A.S. PATIL, ADVOCATE FOR R2;
 SMT.MALA.B.BHUTE, AGA FOR R15 TO R17;
 NOTICE TO R1, R3 TO R5, R7, R11 TO R13 IS SERVED AND
 UNREPRESENTED;
 NOTICE TO R6, R8 TO R10 IS HELD SUFFICIENT;
 R14-DECEASED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
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                                                  NC: 2026:KHC-D:4620
                                            WP No. 108212 of 2015


HC-KAR



      THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

                             ORAL ORDER

Sri.Sangram S.Kulkarni., counsel for the petitioner, Sri.Suhas K.Hosamani., appearing on behalf of Sri.A.S.Patil., counsel for respondent No.2 and Smt.Mala B.Bhute., AGA for respondents 15 to 17 have appeared in person.

2. The Writ Petition is filed seeking the following prayers:

"1) To issue a writ of certiorari and quash the order vide Annexure-B passed by the Deputy Commissioner, Uttara Kannada District Karwar in No.RB/RTR/CR-

47/2011-12 dated 20.07.2015 in the interest of justice and equity.

2) To issue any other writ, order or direction to which this petitioner is found entitled to in the present facts and circumstances."

3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.

4. It is not in dispute that an interim stay was granted by this Court in the connected Writ Petition No. 61925/2011. Pursuant to the disposal of the proceedings before the Deputy -5- NC: 2026:KHC-D:4620 WP No. 108212 of 2015 HC-KAR Commissioner, the petitioner's name came to be entered in the revenue records under ME No. 98/2010-11.

However, the Tahsildar, without taking into consideration the subsisting interim order passed by this Court, proceeded to delete the petitioner's name from the revenue records. Aggrieved by the same, the petitioner preferred an appeal before the Assistant Commissioner. The Assistant Commissioner, by order dated 20.10.2011, set aside ME No. 98/2010-11 and directed mutation of the petitioner's name in the revenue records.

Challenging the said order, the second respondent filed a revision petition before the Deputy Commissioner. The Deputy Commissioner, by order dated 20.07.2015, allowed the revision and directed restoration of the mutation entry as it existed prior to the order of the High Court of Karnataka, Dharwad Bench.

In my considered view, the Deputy Commissioner has failed to take note of the interim order passed by this Court in Writ Petition No. 61925/2011. When an interim order was in force, the revenue authorities ought not to have proceeded with the mutation or altered the revenue entries. Further, this Court -6- NC: 2026:KHC-D:4620 WP No. 108212 of 2015 HC-KAR in the connected writ petition has restored ME No. 175. In that view of the matter, the impugned order dated 20.07.2015 passed by the Deputy Commissioner cannot be sustained in law and is liable to be quashed. Accordingly, it is quashed.

5. Resultantly, the writ petition is allowed.

Sd/-

(JYOTI M) JUDGE RH List No.: 1 Sl No.: 10