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Tippavva W/O. Dundappa Marennavar vs The Deputy Commissioner, Belagavi
2025 Latest Caselaw 10492 Kant

Citation : 2025 Latest Caselaw 10492 Kant
Judgement Date : 20 November, 2025

Karnataka High Court

Tippavva W/O. Dundappa Marennavar vs The Deputy Commissioner, Belagavi on 20 November, 2025

                                                        -1-
                                                                 NC: 2025:KHC-D:15979
                                                               WP No. 108729 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.108729 OF 2025 (KLR-RR/SUR)
                             BETWEEN:

                                  TIPPAVVA W/O. DUNDAPPA MARENNAVAR,
                                  DEAD LR'S ARE ALREADY RECORD.

                             1.   RENUKA W/O. BALAPPA BOOSHI,
                                  AGE. 53 YEARS, OCC. HOMEMAKER,
                                  R/O. PANCHANAYAKAHATTI-591 307,
                                  TQ. GOKAK, DIST. BELAGAVI.

                             2.   LAKKAVVA W/O. HANAMANTH MAKKALAGERI,
                                  AGE. 40 YEARS, OCC. HOMEMAKER,
                                  R/O. MAMADAPUR-591 233,
                                  TQ. GOKAK, DIST. BELAGAVI.

                             3.   NAGAPPA S/O. LAXMAPPA MARENNAVAR,
CHANDRASHEKAR
                                  AGE. 35 YEARS, OCC. AGRICULTURE,
LAXMAN
KATTIMANI


Digitally signed by
                                  R/O. PANCHANAYAKAHATTI-591 307,
CHANDRASHEKAR


                                  TQ. GOKAK, DIST. BELAGAVI.
LAXMAN KATTIMANI
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.11.22 11:20:02
+0530




                             4.   RAJU S/O. DUNDAPPA MARENNAVAR,
                                  AGE. 51 YEARS, OCC. AGRICULTURE,
                                  R/O. PANCHANAYAKAHATTI-591 307,
                                  TQ. GOKAK, DIST. BELAGAVI.

                                                                        ... PETITIONERS

                             (BY SRI. CHANNABASAVARAJ S. SHETTAR, ADVOCATE)
                            -2-
                                      NC: 2025:KHC-D:15979
                                    WP No. 108729 of 2025


HC-KAR




AND:

1.   THE DEPUTY COMMISSIONER,
     BELAGAVI, DC OFFICE COMPLEX,
     BELAGAVI-591 001.

2.   THE ASSISTANT COMMISSIONER, BAILHONGAL,
     AC OFFICE COMPLEX,
     BAILHONGAL-591 102.

3.   THE TAHASILDAR,
     GOKAK-583 307,
     TQ. GOKAK, DIST. BELAGAVI.

     LAKKAVVA NINGAPPA MARENNAVAR,
     SINCE DECEASED BY LR'S.,

4.   MAHADEV S/O. BHIMAPPA MARENNAVAR,
     AGE. 58 YEARS, OCC. AGRICULTURE,
     PANCHANAYAKAHATTI-591 307,
     TQ. GOKAK, DIST. BELAGAVI.

5.   SAVAKKA MAHADEV MARENNAVAR,
     AGE. 55 YEARS, OCC. AGRICULTURE,
     PANCHANAYAKAHATTI-591 307,
     TQ. GOKAK, DIST. BELAGAVI.
                                            ... RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS PASSED BY RESPONDENT NO.1 UNDER RB/RTA-
355/2022-23 DATED 21-12-2023 VIDE ANNEXURE-E AND THE
ORDER PASSED BY RESPONDENT NO.2 IN R.A. 14/2021 DATED
12-07-2022 VIDE ANNEXURE-D CONFIRMING THE ORDER
PASSED BY RESPONDENT NO.3 ENTERING NAME OF
RESPONDENT NO.4 IN THE RECORD OF RIGHTS IN RESPECT OF
LAND HAVING SY. NO.157/3 TO THE EXTENT OF 6 ACRES 4
GUNTAS SITUATE AT PANCHANAYAKANAHATTI, GOKAK UNDER
MR H. NO.22 DATED 12-11-2020 VIDE ANNEXURE-C1, IN THE
INTEREST OF JUSTICE AND EQUITY.
                                -3-
                                            NC: 2025:KHC-D:15979
                                          WP No. 108729 of 2025


HC-KAR




     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

                      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. This petition is filed assailing the mutation

certified based on settlement between respondents No.4, 5

and one Smt. Lakkavva Ningappa Marennavar.

3. Learned counsel for the petitioners submits that

the petitioners had filed a suit in O.S.No.170/2017 for

partition and separate possession in respect of the

properties covered by the impugned order. It is the

submission that the suit is dismissed. Appeal in

R.A.No.243/2019 is also dismissed and the Regular Second

Appeal in RSA No.100626/2020 is pending consideration.

4. Learned counsel for the petitioners would further

submit that the mutation could not have been certified in

NC: 2025:KHC-D:15979

HC-KAR

view of the pendency of the Regular Second Appeal before

this Court.

5. The Court is not impressed. As of now, the

judgment would indicate that the petitioners have no right

over the properties in dispute. If the petitioners succeed in

the Regular Second Appeal, impugned mutations will have

to be changed and set-aside pursuant to the decree to be

passed by the Court in pending Regular Second Appeal.

6. Under these circumstances, the writ petition is

not maintainable and accordingly, stands dismissed.

7. It is made clear that dismissal of the writ petition

should not be construed as having expressed any opinion on

the pending Regular Second Appeal.

Sd/-

(ANANT RAMANATH HEGDE) JUDGE AM CT:BCK

 
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