Raghunath S/O Late Ramappa ... vs The Deputy Commissioner
2023 Latest Caselaw 7473 Kant

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                                                                 NC: 2023:KHC-D:12778
                                                                   WP No. 106030 of 2023




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                     DATED THIS THE 2ND DAY OF NOVEMBER, 2023

                                                       BEFORE
                                   THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                                   WRIT PETITION NO. 106030 OF 2023 (KLR-RR/SUR)

                              BETWEEN:

                              RAGHUNATH S/O. LATE RAMAPPA SAWAKAR
                              AGE: 60 YEARS, OCC: AGRI,
                              R/O. MAIDUR VILLAGE-581210,
                              TQ: RANEBENNUR, DIST: HAVERI.
                                                                            ...PETITIONER
                              (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)

                              AND:

                              1.    THE DEPUTY COMMISSIONER,
                                    HAVERI DISTRICT,
                                    DIST: HAVERI-581110.

                              2.    THE ASSISTANT COMMISSIONER,
                                    HAVERI SUB-DIVISION,
                                    HAVERI-581110, DIST: HAVERI.
           Digitally signed
           by
           MOHANKUMAR
MOHANKUMAR B SHELAR
                              3.    THE TAHASILDAR
B SHELAR
           Date:
           2023.11.07
           15:49:17 +0530
                                    TQ: RANEBENNUR,
                                    DIST: HAVERI-581110.

                              4.    MALLESHAPPA S/O. LATE RAMAPPA SAWAKAR
                                    AGE: 59 YEARS, OCC: AGRI,
                                    R/O. MAIDUR VILLAGE 581210,
                                    TQ: RANEBENNUR, DIST: HAVERI.

                              5.    KRISHNA S/O. LATE RAMAPPA SAWAKAR
                                    AGE: 27 YEARS, OCC: AGRL,
                                    R/O. MAIDUR VILLAGE-581210,
                                    TQ: RANEBENNUR, DIST: HAVERI.
                                                                      ...RESPONDENTS
                              (BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1 TO R3)
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                                    NC: 2023:KHC-D:12778
                                      WP No. 106030 of 2023




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING THIS
COURT TO, ISSUE A WRIT OF CERTIORARI QUASHING THE
IMPUGNED ORDER DATED. 03-09-2022 IN BEARING NO.
RTS/AP/145/2022     PASSED     BY    THE    ASSISTANT
COMMISSIONER, HAVERI SUB-DIVISION, HAVERI VIDE
ANNEXURE-E AND THE ORDER DTD. 06-09-2023 IN BEARING
NO. RTS/RA.CR.67.2022-23 VIDE ANNEXURE-F PASSED BY THE
DEPUTY COMMISSIONER, HAVERI, CONFIRMING THE ORDER
VIDE ANNEXURE-E.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

1. Learned Government Advocate Sri.Shivaprabhu

Hiremath, accepts notice on behalf of respondents No.1 to 3.

2. The petitioner before this Court is questioning the

order passed by the Assistant Commissioner as well as the

Deputy Commissioner, Haveri. The petitioner's claim before the

Tahasildar, Ranebennur to be the legatee of his mother in

respect of the property bearing Sy.No.20/1B measuring 4 acres

26 guntas situated at Maidur village, Ranebennur taluk based

on the Will dated 13.01.2014 said to have been executed by his

mother Smt.Mahadevakka, is accepted by the Tahasildar

despite the objection filed by the petitioner's brother- fourth

respondent. The appeal filed by the fourth respondent before

the Assistant Commissioner, Raibagh is allowed in terms of the

NC: 2023:KHC-D:12778 WP No. 106030 of 2023

impugned order dated 03.09.2022 on the premise that the civil

suit in O.S.No.21/2015 and O.S.No.177/2021 are pending in

Civil Court where the disputed Will is the subject matter of the

said suit. The petitioner filed a revision against the said order

before the Deputy Commissioner, Haveri. The Deputy

Commissioner has dismissed the revision confirming the

findings of the Assistant Commissioner.

3. Sri.Laxman.T., learned counsel appearing for the

petitioner would submit that respondent No.4 did not take care

of his mother and the mother was under the care of the

petitioner and the petitioner's mother has voluntarily executed

the Will in favour of the petitioner, which is duly attested by

two attesting witnesses and as the entry is already made in the

property records based on the said Will, and as the suit is

pending before the competent Civil Court, where the said Will is

the subject matter of adjudication, the entry in the name of the

petitioner should continue till the disposal of the suit.

4. This Court has considered the contention raised at

the bar. The law relating to the certification of mutation entry

based on the Will is well-settled. This Court has taken a view

NC: 2023:KHC-D:12778 WP No. 106030 of 2023

that in various judgments, that the revenue Courts do not have

the jurisdiction to decide the validity of the Will. This being the

position, Tahasildar could not have certified mutation entry

based on the Will said to have been executed by the

petitioner's mother when there was an objection by the fourth

respondent who would be an heir to the property in the

absence of the Will.

5. Under these circumstances, this Court cannot find

fault in the order passed by the Assistant Commissioner as well

as the Deputy Commissioner. Accordingly, the Writ Petition is

not entertained.

6. However, it is made clear that the Civil Court which

will decide the contention of the parties relating to the Will

dated 13.01.2014 should not be influenced by any of the

observations made by the Assistant Commissioner, Haveri

Sub-Division, Haveri or the Deputy Commissioner, Haveri.

7. The finding is not given on merits of the petitioner's

claim or respondent's claim on the Will dated 13.01.20214 said

to have been executed by his mother. All contentions of the

NC: 2023:KHC-D:12778 WP No. 106030 of 2023

parties are kept open to be adjudicated in the pending suits.

Since the suit is of the year 2015, parties of the proceeding

shall co-operate for early disposal of the pending suit.

8. Accordingly, the petition is disposed of.

Sd/-

JUDGE

GVP