Karnataka High Court
Madarsab S/O Tajuddinsab Mundargi vs The State Of Karnataka on 20 November, 2025
-1-
NC: 2025:KHC-D:15964
WP No. 101163 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 101163 OF 2025 (KLR-RR/SUR)
BETWEEN:
1. MADARSAB S/O. TAJUDDINSAB MUNDARGI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
HUSENMIYA S/O. MIYASAHEB MUNDARAGI,
SINCE DECEASED BY HIS LR'S.
2. 1. KHAIRUNNISSA W/O. HUSENMIYA MUNDARAGI,
AGE: 67 YEARS, OCC: HOUSEHOLD,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
3. 2. JAMEER AHMED S/O. HUSENMIYA MUNDARAGI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
Digitally signed by
4. 3. NOORAHAMMAD S/O. HUSENMIYA MUNDARAGI,
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
AGE: 43 YEARS, OCC: AGRICULTURE,
COURT OF
KARNATAKA
DHARWAD BENCH
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
5. MUKHABUL AHAMMAD S/O.HUSENMIYA MUNDARAGI,
AGE: 41 YEARS, OCC: AGRICULTURE,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
6. MAHAMMAD RAFIQ S/O. HUSENMIYA MUNDARAGI,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
7. SARTAJBANU W/O. MAHAMMADRAFIQ DHARWAD,
AGE: 37 YEARS, OCC: HOUSEHOLD,
R/O. ISHWAR NAGAR, OLD-HUBBALLI,
-2-
NC: 2025:KHC-D:15964
WP No. 101163 of 2025
HC-KAR
HUBBALLI, DIST: DHARWAD-580007.
8. 4. NAVEED AHAMMAD S/O. HUSENMIYA MUNDARAGI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
JAMALSAB S/O. MAHAMMADHANIFSAB MUNDARAGI,
SINCE DECEASED BY HIS LR'S.
9. MUNEERABI W/O. JAMALSAB MUNDARAGI,
AGE: 56 YEARS, OCC: HOUSEHOLD,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
10. MOHAMMAD FAROOQ S/O. JAMALSAB MUNDARAGI,
AGE: 56 YEARS, OCC: ADVOCATE,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
11. GOUSIYABANU W/O. REHMANKHAN PATHAN,
AGE: 39 YEARS, OCC: HOUSEHOLD,
R/O. NAGENDRAMATTI, TQ & DIST: HAVERI-581104
12. SHAHEENABANU W/O ZULLGAFFAR ALI HARIHAR,
AGE: 34 YEARS, OCC: HOUSEHOLD,
R/O: AURANGABAD, MAHARASHTRA STATE-431001.
13. TANQEER RAZA S/O. JAMALSAB MUNDARAGI,
AGE: 32 YEARS, OCC: BUSINESS,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI-581104.
14. NIZAMUDDIN S/O. JAMALSAB MUNDARAGI,
AGE: 28 YEARS, OCC: ENGINEER,
R/O. BALUR, TQ. HANGAL, DIST. HAVERI.
...PETITIONERS
(BY SRI. SADIQ N. GOODWALA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA, BENGALURU-01.
-3-
NC: 2025:KHC-D:15964
WP No. 101163 of 2025
HC-KAR
2. THE DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
3. THE ASSISTANT COMMISSIONER,
SAVANUR, TQ: SAVANUR, DIST. HAVERI-581110.
4.1. THE ZILLA PANCHAYAT HAVERI,
BY ITS CHIEF EXECUTIVE OFFICER,
DIST. HAVERI-581110.
2.
5.3. THE TALUKA PANCHAYAT,
BY ITS EXECUTIVE OFFICER,
HANGAL, DIST. HAVERI-581110.
6. DOLLESHWAR GRAM PANCHAYAT,
BY ITS PANCHAYAT DEVELOPMENT OFFICER,
TQ: HANGAL, DIST: HAVERI-581104.
7. THE KARNATAKA STATE BOARD OF AUQAF,
BY ITS CHIEF EXECUTIVE OFFICER, NO.6, DARUL
AUQAF, CUNNINGHAM ROAD, BENGALURU-04.
8. SHAMSHADBEGUM W/O. FAJALULLA HANGAL,
AGE: 51 YEARS, OCC: COOLIE,
R/O. BALUR, TQ: HANGAL, DIST: HAVERI-581104.
...RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3;
NOTICE TO R4 TO R6 IS DISPENSED WITH;
PETITION AGAINST R7 AND R8 IS DISMISSED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO A WRIT IN A
NATURE OF MANDAMUS DIRECTING RESPONDENT NO.7 TO FIX
THE BOUNDARIES OF SY NO.6/1, 6/2 AND 6/3 OF DOLLESHWAR
VILLAGE, TQ. HANGAL, DIST. HAVERI IN ACCORDANCE WITH
LAW. AS PER JUDGMENT AND DECREE PASSED IN R.A.
NO.118/2020 VIDE ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
-4-
NC: 2025:KHC-D:15964
WP No. 101163 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)
Learned Additional Government Advocate accepts notice on
behalf of respondents No.1 to 3.
2. Notice to respondents No.4 to 6 is dispensed with as
no relief is claimed against the said respondents.
3. Learned counsel for the petitioners submits that the
petition against respondents No.7 and 8 may be dismissed.
4. Submission is placed on record. Petition is dismissed
against respondents No.7 and 8.
5. Heard the learned counsel appearing for the
petitioners and the learned Additional Government Advocate
appearing for respondents No.1 to 3.
6. The petition is filed seeking writ of mandamus
pursuant to a direction said to have been issued in
R.A.No.118/2020 on the file of Principal District Judge, Haveri.
NC: 2025:KHC-D:15964
HC-KAR
7. It is noticed that in the said Regular Appeal, direction
is issued to the defendants of the suit to measure the property
covered under the said judgment. However, it is to be noticed
that the surveyor is not made a party to the said suit.
8. Hence, the following:
ORDER
i. The writ petition is disposed of.
ii. Liberty is reserved to the petitioners to file
application before the jurisdictional Surveyor to
measure the property.
iii. If such an application is filed following the procedures
contemplated for filing such application, the
jurisdictional Surveyor shall measure the property by
complying all the legal requirements.
iv. The exercise shall be completed within 3 months.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK
CT: AN
