Karnataka High Court
Smt. Siddavva W/O. Rachappa ... vs The State Of Karnataka on 9 June, 2023
Bench: S.Vishwajith Shetty
-1-
WP No. 101100 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 9TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 101100 OF 2021 (KLR-RES)
BETWEEN:
1. SMT. SIDDAVVA W/O RACHAPPA HATARAKI,
AGE: 97 YEARS, OCC: HOUSEHOLD,
R/O. NARENDRA, TQ & DIST: DHARWAD, PIN-580005.
2. SMT. CHANNABASAVVA W/O NAGAPPA BARASHETTI,
AGE: 76 YEARS, OCC: HOUSEHOLD,
R/O. NARENDRA, TQ & DIST: DHARWAD, PIN-580005.
3. SMT. NIRMALA W/O DANAPPA UKLI,
R/BY BY HER LR'S
SMT. ANNAPURNA W/O FAKIRAPPA MASTI,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O. TALEMORAB, TQ: NAVALAGUNDA,
DIST: DHARWAD, PIN-581308.
4. SMT. GANGAVVA W/O YALLAPPA GANTI,
AGE: 66 YEARS, OCC: HOUSEHOLD,
R/O. NARENDRA, TQ & DIST: DHARWAD, PIN-580005.
RAKESH S 5. SHRI. AJJAPPA S/O RACHAPPA HATARAKI,
HARIHAR AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O. NARENDRA, TQ & DIST: DHARWAD, PIN-580005.
Digitally signed by
RAKESH S HARIHAR
6. SHRI. BASAVARAJ S/O RACHAPPA HATARAKI,
Location: Dharwad
Date: 2023.06.12 R/BY HIS LR'S
14:48:59 +0530
SMT. SHARADA @ SHARAVVA W/O BASAVARAJ
HATARAKI, AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O. NAYAKANA HULIKATTI, TQ: KHALAGATAGI,
DIST: DHARWAD, PIN-581204.
7. SMT. SHANTAVVA W/O BASAPPA CHIKKANNAVAR,
AGE: 68 YEARS, OCC: HOUSEHOLD,
R/O. NAYAKANA HULIKATTI, TQ: KHALAGATAGI,
DIST: DHARWAD, PIN-581204.
-2-
WP No. 101100 of 2021
8. SMT. GOURAVVA W/O DEVENDRAPPA CHIKKANNAVAR,
AGE: 64 YEARS, OCC: HOUSEHOLD,
R/O. NARENDRA, TQ: KHALAGATAGI,
DIST: DHARWAD, PIN-581204.
9. SMT. SAVAKKA W/O ALLAPPA UKKLI,
AGE: 64 YEARS, OCC: HOUSEHOLD,
R/O. NARENDRA, TQ: KHALAGATAGI,
DIST: DHARWAD, PIN-581204.
... PETITIONERS
(BY SRI. HEMANTHKUMAR L HAVARAGI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER,
DHARWAD, DIST: DHARWAD, PIN-580001.
3. THE ASSISTANT COMMISSIONER,
DHARWAD, DIST: DHARWAD, PIN-580001.
4. THE TASHILDAR,
DHARWAD TALUKA, DIST: DHARWAD, PIN-580001.
5. THE REVENUE INSPECTOR,
TASHILDAR OFFICE, DHARWAD,
DIST: DHARWAD, PIN-580001.
6. SHRI. VEERASANGAPPA S/O. GANGAPPA HOSAMANI,
DECEASED BY LR'S
SMT. GIRIJA W/O VEERASANGAPPA HOSAMANI,
AGE: 60 YEARS, OCC: HOUSEWIFE,
R/O. MALLIKARJUN NILAYA, M.B. NAGAR,
KOPPAD KERI, DHARWAD, PIN-580008.
7. SHRI. IRAPPA S/O GANGAPPA ANGADI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. 5TH CROSS, BHARATI NAGAR,
DHARWAD, PIN-580007.
... RESPONDENTS
(BY SRI. M H PATIL, AGA FOR R1-R5;
SRI. SANTOSH B MANE, ADVOCATE FOR R6;
R7 IS SERVED)
-3-
WP No. 101100 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER
BEARING RP/79/2017, DATED 03/03/2020, PASSED BY THE
RESPONDENT NO.2 VIDE ANNEXURE-E AND THE IMPUGNED ORDER
BEARING RTS/AP/ 94/2015-16, DATED 06/12/2017, PASSED BY THE
RESPONDENT NO.3, VIDE ANNEXURE-D & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. In this writ petition, a challenge is made to the
orders at Annexure-C, dated 22.12.2015, Annexure-D,
dated 06.12.2017 & Annexure-E, dated 03.03.2020.
2. Heard the learned counsel appearing for the
parties and also perused the material on record.
3. The petitioners are the widow and children of
one late Rachappa, in whose favour a Will is said to have
been executed by Smt. Shivavva D/o. Basappa Hataraki &
W/o.Danappa Gundagovi in respect of the land bearing
R.S. No.46/2/1 measuring 15 acres 17 guntas. The said
Will is said to have been executed on 01.03.1978.
Rachappa is said to have died on 10.03.2001. Thereafter,
the petitioners had filed an application to enter their
WP No. 101100 of 2021
names in the revenue records of the aforesaid land
measuring 15 acres 17 guntas. The Tahsildar had allowed
the same. Respondent No.6 had questioned the said
entries before the Assistant Commissioner by filing an
appeal. The said appeal was allowed by the Assistant
Commissioner, by order dated 06.12.2017. The revision
filed by the petitioner Nos.1, 2, 4, 5, 7 & 8 as against the
said order before the Deputy Commissioner was dismissed
on 03.03.2020. It is under these circumstances, the
petitioners are before this Court.
4. The material on record would go to show that
respondent No.6, who had challenged the entries that
were made in favour of the petitioners in the revenue
records of the land in question after the death of Rachappa
claims to have purchased the lands in question from
Rachappa & his children under seven different registered
sale deeds. In the meanwhile, one Sri. Dyamappa, who
calims to be the adopted son of Ulavappa Hataraki, who is
one of the family member of Rachappa had filed O.S.
WP No. 101100 of 2021
No.46/1982 before the jurisdictional Civil Court at
Dharwad seeking the relief of partition and separate
possession of his share and the suit schedule property
included the lands in question. The said suit was decreed
holding that the plaintiff was entitled for 1/3rd share in the
suit schedule property. The said decree was challenged by
the petitioners in regular appeal, which was allowed and
the matter was remitted to the Trial Court. The said
judgment and decree passed in regular appeal has been
challenged by the plaintiff as well as by the petitioners
herein, before this Court in MSA Nos.100156/2017 &
100003/2018, which are pending consideration.
5. Under the circumstances, I am of the
considered view that, it is not necessary for this Court to
entertain this writ petition, which involves the disputed
question of fact and accordingly, the following:
ORDER
The writ petition is disposed off and the entries made
in the revenue records of the lands in question which are
WP No. 101100 of 2021
the subject matter of the impugned orders, challenged in
this writ petition, shall be subject to the outcome of O.S.
No.26/1982, MSA Nos.100156/2017 & 100003/2018.
Sd/-
JUDGE
Vnp*/Ct:Bck
