Karnataka High Court
Damodar S/O Manasingh Lamani vs The Deputy Commissioner And Ors on 27 February, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC-K:1783
WP No. 201687 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
WRIT PETITION NO. 201687 OF 2022 (KLR-RES)
BETWEEN:
DAMODAR S/O MANASINGH LAMANI,
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O JALAGERI L.T NO. 4
TQ AND DIST: VIJAYAPURA-586 101.
...PETITIONER
(BY SRI SANGANABASAVA B. PATIL, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
VIJAYAPURA DISTRICT,
VIJAYAPURA-586 101.
Digitally signed
by SHILPA R 2. THE ASSISTANT COMMISSIONER
TENIHALLI VIJAYAPUR SUB DIVISION VIJAYAPUR,
DISTRICT-586 101.
Location: High
Court Of
Karnataka 3. THE TAHASILDAR
TIKOTA TQ: TIKOTA,
DIST: VIJAYAPUR-586101
4. LAXMIBAI W/O RAMESH LAMANI
AGE: 30 YEARS,
OCC: HOUSEHOLD,
R/O JALAGERI L.T NO. 4, NOW AT SUNAG,
TANDA JALAMATTI,
TQ: BILAGI, DIST: BAGALKOT-587116
5. TARA W/O SURESH LAMANI
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WP No. 201687 of 2022
AGE: 26 YEARS,
OCC: HOUSEHOLD,
R/O JALAGERI L.T NO. 4, NOW AT
BASAWESHWAR NAGAR, SHIMOGGA-577201
6. SAROJA W/O NARAYAN RATHOD
AGE: 24 YEARS, OCC: HOUSEHOLD,
R/O JALAGERI L.T NO.4,
NOW AT SEVALAL TANDA,
TQ AND DIST: VIJAYAPURA-586101
7. THAKARU S/O MANASING LAMANI
AGE: 55 YEARS,
OCC: AGRICULTURE,
R/O JALAGERI L.T NO.4,
TQ AND DIST: VIJAYAPURA-586101
8. VASUDEV S/O MANASING LAMANI
AGE: 46 YEARS, OC: AGRICULTURE,
R/O ITTANGIHAL,
TQ AND DIST: VIJAYAPURA-586101
9. RAMABAI W/O KRISHNAJI LAMANI
AGE: 40 YEARS, OCC: HOUSEHOLD,
R/O JALAGERI L NO. 4
TQ AND DIST: VIJAYAPRUA-586101
10. VENKATESH S/O KRISHNAJI LAMANI
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O JALAGERI L.T NO. 4,
TQ AND :DIST VIJAYAPURA-586101
11. RAMESH S/O KRISHNAJI LAMANI
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O JALAGERI L.T NO. 4,
TQ AND DIST: VIJAYAPURA-586101
12. LALITA W/O MAHESH JADHAV
AGE: 22 YEARS, OCC: HOUSEHOLD,
R/O JALAGERI L.T NO. 4,
TQ AND DIST: VIJAYAPURA-586101
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WP No. 201687 of 2022
13. SAVITA W/O VITHAL LAMANI
AGE: 20 YEARS, OCC :HOUSE HOLD,
R/O JALAGERI L.T NO. 4,
TQ AND DIST: VIJAYAPURA-586101
14. SAKARABAI W/O LACCHU LAMANI
AGE: 75 YEARS, OCC: HOUSEHOLD,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
15. RATNU S/O LACCHU LAMANI
AGE: 62 YEARS, OCC:AGRICULTURE,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
16. GANAPATI S/O LACCHU LAMANI
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
17. KASHINATH S/O LACCHU LAMANI
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
18. PEMALABAI D/O LACCHU LAMANI
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
19. SURATABAI D/O LACCHU LAMANI
AGE: 48 YEARS, OCC: HOUSEHOLD,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
20. KASHIBAI D/O LACCHU LAMANI
AGE: 45 YEARS, OCC: HOUSEHOLD,
R/O YATNAL,
TQ AND DIST: VIJAYAPURA-586101
21. RAMAKABAI W/O DAMODAR LAMANI
AGE: 60 YEARS, OCC: HOUSEHOLD,
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WP No. 201687 of 2022
R/O JALAGERI, L.T NO.4,
TQ AND DIST: VIJAYAPURA-586 101
...RESPONDENTS
(BY SRI. RAJKUMAR A. KORAWAR, HCGP FOR R1 TO R3;
V/O DATED 13.07.2022 NOTICE TO R4 TO R21 IS
DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER OF
ENDORSEMENT DATED 21.09.2021 IN NO.
KRA.SAM/RTC/VINIDI/156/21-22 ON 21.09.2021 PASSED BY
THE RESPONDENT NO. 3, VIDE ANNEXURE - E AND ETC.,
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Heard learned counsel Sri Sanganabasava B. Patil for
the petitioner and the learned High Court Government
Pleader for respondent Nos.1 to 3.
2. This writ petition is filed with the following
prayers:
"a) Issue a writ of certiorari by quashing
the order of endorsement dated 21.09.2021 in
No.Kra.Sam./R.T.C./ViNiDi/156/21.22 on
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21.09.2021 passed by the respondent No.3 vide
Annexure-E, in the interest of justice.
b) Issue a writ in nature of mandamus
thereby directing the respondent No.3 to enter
the name of petitioner in R of R in land
Sy.No.222/2A+B/1 measurng 06 acres 16
guntas of Jalageri village taluka, Tikota as per
judgment and decree dated 22.04.2021 in
O.S.No.06/2015 in the interest of justice and
equity.
c) Issue any other writ or order or direction
which this Hon'ble Court deems under the
circumstances of the case."
3. The facts of the case in brief are as under:
A suit for partition came to be filed in O.S.No.9/2015
in respect of several properties belonging to the family of
the parties i.e., plaintiff and his relatives. The suit came
to be decreed on contest and a preliminary decree came to
be passed on 22.04.2021. In the preliminary decree, in
respect of suit item No.3, it has been declared that the
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petitioner is the absolute owner of land in Survey
No.222/2A+B/1, measuring 6 acres 16 guntas.
4. It is the claim of the petitioner that since he has
been declared as the absolute owner in respect of the said
property, his name required to be entered in the revenue
records.
5. On perusal of the endorsement that has been
issued, the learned Tahsildar has not considered the
request of the writ petitioner in transferring the revenue
records as the decree that has been passed is the
preliminary decree.
6. No doubt, in respect of suit item No.3, the writ
petitioner has been shown as the absolute owner, but as
per the preliminary decree, there are other items, which
are also to be divided as metes and bounds. Since the
final decree proceedings are yet to be commenced and
preliminary decree is to be made absolute, the Tahsildar is
justified in rejecting the request of the petitioner.
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7. Accordingly, the following order is passed:
ORDER
i. The writ petition stands dismissed.
ii. However, the petitioner is at liberty to seek
transfer of the entries after final decree is passed in
pursuance of the preliminary decree passed in
O.S.No.9/2015.
Sd/-
JUDGE
CT-SI
SRT
