Hanumantappa S/O Pakiravva vs The State Of Karnataka on 26 February, 2026

                                                      -1-
                                                                   NC: 2026:KHC-D:3147
                                                                WP No. 101494 of 2026
                                                            C/W WP No. 101451 of 2026
                                                                WP No. 101452 of 2026
                        HC-KAR



                              IN THE HIGH COURT OF KARNATAKA AT DHARWAD
                                 DATED THIS THE 26TH DAY OF FEBRUARY, 2026
                                                   BEFORE
                                  THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                 WRIT PETITION NO. 101494 OF 2026 (KLR-RR/SUR)
                                                      C/W
                                 WRIT PETITION NO. 101451 OF 2026 (KLR-RR/SUR)
                                 WRIT PETITION NO. 101452 OF 2026 (KLR-RR/SUR)

                       IN WP No. 101494/2026:
                       BETWEEN:

                       HANUMANTAPPA S/O. PAKIRAVVA
                       AGE. 54 YEARS, OCC. AGRICULTURE,
                       R/O. KARATAGI, DIST. KOPPAL-583229.

                                                                          ...PETITIONER
                       (BY SRI. SADIQ N.GOODWALA, ADVOCATE)

                       AND:

                       1.   THE STATE OF KARNATAKA
                            DEPARTMENT OF REVENUE,
                            BY ITS PRINCIPAL SECRETARY,
                            VIDHAN SOUDHA, BENGALURU-01.
MANJANNA
                       2.   THE DEPUTY COMMISSIONER
E
                            KOPPAL-583229, DIST. KOPPAL.
Digitally signed by
MANJANNA E
Location: HIGH COURT
                       3.   THE ASSISTANT COMMISSIONER
OF KARNATAKA
DHARWAD BENCH               KOPPAL-583229, DIST. KOPPAL.
Date: 2026.02.28
10:26:09 +0530

                       4.   THE TAHASILDAR
                            TQ. KARATAGI, DIST. KOPPAL-583229.

                       5.   THE EXECUTIVE ENGINEER
                            KARNATAKA NIRAVARI NIGAM, NO.2,
                            CANAL DIVISION, VADARHALLI CAMP,
                            TQ. KARATAGI, DIST. KOPPAL-583229.

                                                                        ...RESPONDENTS
                       (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4;
                           SRI. K.S.PATIL, ADVOCATE FOR R5)
                              -2-
                                          NC: 2026:KHC-D:3147
                                       WP No. 101494 of 2026
                                   C/W WP No. 101451 of 2026
                                       WP No. 101452 of 2026
 HC-KAR



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE MR NO.T146 DATED
10.02.2026 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-C AND
CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE NAME
OF PETITIONER IN COLUMN NO.9 AND 12 IN RESPECT OF
SY.NO.67/5 MEASURING 2 ACRES AND 34 GUNTAS SITUATED AT
BEVINAHAL GRAM, TQ. KARATAGI, DIST. KOPPAL VIDE ANNEXURE-D
IN REVENUE RECORDS; AND ETC.


IN WP NO. 101451/2026:
BETWEEN:

     SMT. M. GEETA W/O. M. BHADRINARAYAN
     AGE. 47 YEARS, OCC. AGRICULTURE,
     R/O. BASAVANA CAMP, BEVINAHAL,
     TQ. AND DIST. KOPPAL-583229.

                                             ...PETITIONER

(BY SRI. SADIQ N.GOODWALA, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     DEPARTMENT OF REVENUE,
     BY ITS PRINCIPAL SECRETARY,
     VIDHAN SOUDHA, BENGALURU-01.

2.   THE DEPUTY COMMISSIONER
     KOPPAL-583229, DIST. KOPPAL.

3.   THE ASSISTANT COMMISSIONER
     KOPPAL-583229, DIST. KOPPAL.

4.   THE TAHASILDAR
     TQ. KARATAGI,
     DIST. KOPPAL-583229.

5.   THE EXECUTIVE ENGINEER
     KARNATAKA NIRAVARI NIGAM NIYAMITA,
     NO.2, CANAL DIVISION,
                              -3-
                                          NC: 2026:KHC-D:3147
                                       WP No. 101494 of 2026
                                   C/W WP No. 101451 of 2026
                                       WP No. 101452 of 2026
 HC-KAR



     VADARHALLI CAMP,
     TQ. KARATAGI,
     DIST. KOPPAL-583229.
                                           ...RESPONDENTS

(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4;
SRI. K.S.PATIL, ADVOCATE FOR R5)


    THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI QUASHING THE MR
NO.T147   AND   T145   DATED    10.02.2026 PASSED   BY
RESPONDENT NO.4 VIDE ANNEXURE-C AND D IN SY NO.67/4
MEASURING 3 ACRES AND 25 GUNTAS AND SY NO.67/6
MEASURING 1 ACRE AND 21 GUNTAS, BOTH ARE SITUATED AT
BEVINAHAL GRAM, TQ. KARATAGI, DIST KOPPAL AND
CONSEQUENTLY DIRECT THE RESPONDENT NO.4 TO RESTORE
NAME OF PETITIONER IN COLUMN NO.9 AND 12 IN RESPECT OF
SY NO.67/4 MEASURING 3 ACRES AND 25 GUNTAS AND SY
NO.67/6 MEASURING 1 ACRE AND 21 GUNTAS, BOTH ARE
SITUATED AT BEVINAHAL GRAM, TQ. KARATAGI, DIST. KOPPAL
VIDE ANNEXURE-E AND F IN REVENUE RECORDS; AND ETC.


IN WP NO. 101452/2026:
BETWEEN:

     A. RAMU S/O. VENKATARAO
     AGE. 59 YEARS, OCC. AGRICULTURE,
     R/O. BASAVANA CAMP, BEVINAHAL,
     TQ. AND DIST. KOPPAL-583229.

                                             ...PETITIONER
(BY SRI. SADIQ N.GOODWALA, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     DEPARTMENT OF REVENUE,
     BY ITS PRINCIPAL SECRETARY,
     VIDHAN SOUDHA,
     BENGALURU-01.
                              -4-
                                          NC: 2026:KHC-D:3147
                                       WP No. 101494 of 2026
                                   C/W WP No. 101451 of 2026
                                       WP No. 101452 of 2026
 HC-KAR



2.   THE DEPUTY COMMISSIONER
     KOPPAL-583229, DIST. KOPPAL.

3.   THE ASSISTANT COMMISSIONER
     KOPPAL-583229, DIST. KOPPAL.

4.   THE TAHASILDAR
     TQ. KARATAGI,
     DIST. KOPPAL-583229.

5.   THE EXECUTIVE ENGINEER
     KARNATAKA NIRAVARI NIGAM NIYAMITA,
     NO.2, CANAL DIVISION,
     VADARHALLI CAMP,
     TQ. KARATAGI, DIST.
     KOPPAL-583229.

                                           ...RESPONDENTS

(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4;
SRI. K.S.PATIL, ADVOCATE FOR R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI QUASHING THE MR
NO.T148 DATED 10.02.2026 PASSED BY RESPONDENT NO.4
VIDE ANNEXURE-C AND D IN SY NO.67/7 MEASURING 31
GUNTAS AND MR NO. T149 AT SY.NO.67/8 MEASURING 2 ACRES
AND 2 GUNTAS, BOTH ARE SITUATED AT BEVINAHAL GRAM, TQ.
KARATAGI, DIST KOPPAL AND CONSEQUENTLY DIRECT THE
RESPONDENT NO.4 TO RESTORE NAME OF PETITIONER IN
COLUMN NO.9 AND 12 IN RESPECT OF SY NO.67/7 MEASURING
31 GUNTAS AND SY NO.67/8 MEASURING 2 ACRES AND 2
GUNTAS, BOTH ARE SITUATED AT BEVINAHAL GRAM, TQ.
KARATAGI, DIST KOPPAL VIDE ANNEXURE-E AND F IN REVENUE
RECORDS; AND ETC.


     THESE WRIT PETITIONS COMING ON FOR ORDER, ORDER
WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE K.S.HEMALEKHA
                                     -5-
                                                   NC: 2026:KHC-D:3147
                                              WP No. 101494 of 2026
                                          C/W WP No. 101451 of 2026
                                              WP No. 101452 of 2026
HC-KAR



                           ORAL ORDER

These writ petitions are filed challenging the

mutation entries dated 10.02.2026 effected by respondent

No.4-Tahasildar, Karatagi taluk, whereby, the names of

the petitioners recorded in column Nos.9 and 12 of the

RTC in respect of their lands were deleted and the name of

respondent No.5 was inserted without issuing notice and

without conducting enquiry as mandated under the

Karnataka Land Revenue Act, 1964 ('Act' for short).

2. Since, the issues involved in all the writ

petitions are identical and arise out of the mutation entries

passed, they are clubbed together and disposed of by this

common order.

Brief facts:

W.P.No.101494/2026:

3. The petitioner purchased land bearing

Sy.No.67/5, measuring 2 acres 34 guntas situated at

Bevinahal Grama, Taluk Karatagi, District Koppal under a

registered sale deed dated 07.01.2021 and his name was

NC: 2026:KHC-D:3147

HC-KAR

entered in column Nos.9 and 12 of the RTC. However, by

M.R.No.T146 dated 10.02.2026, respondent No.4 altered

the earlier mutation and inserted the name of respondent

No.5 without issuing notice or conducting enquiry.

W.P.No.101451/2026:

4. The petitioner purchased Sy.No.67/4,

measuring 3 acres and 25 guntas and Sy.No.67/6,

measuring 1 acre and 21 guntas situated at Bevinahal

Grama, under the registered sale deed dated 30.01.2009

and her name was entered in column Nos.9 and 12 of the

RTC. However, by M.R.Nos.T147 and T145 dated

10.02.2026, the Tahasildar altered the entries and

inserted the name of respondent No.5 without issuing

notice or conducting enquiry.

W.P.No.101452/2026:

5. The petitioner purchased Sy.No.67/7,

measuring 31 guntas and Sy.No.67/8, measuring 2 acres

2 guntas situated at Bevinahal Grama under a registered

NC: 2026:KHC-D:3147

HC-KAR

sale deed dated 30.01.2009 and his name was entered in

column Nos.9 and 12 of the RTC. However, by

M.R.Nos.T148 and T149 dated 10.02.2026, the Tahasildar

altered the entries and inserted the name of respondent

No.5 without issuing notice or conducting enquiry.

6. In all these cases, the petitioners contend that

the mutation entries were effected without following

procedure under Sections 128 and 129 of the Act, and in

violation of principles of natural justice.

7. Learned counsel for the petitioners submits that

the names of the petitioners were duly recorded in the

revenue records. It is submitted that the impugned

mutation entries are passed mechanically. No notice was

issued prior to the deletion of their names and no enquiry

was conducted as mandated under the Act. Learned

counsel further submits that the issue is covered by the

earlier decisions of this Court, wherein, similar entries

were quashed.

NC: 2026:KHC-D:3147

HC-KAR

8. Per contra, learned Additional Government

Advocate for the respondents submits that the mutation

entries were based on available material and the

petitioners have an alternative remedy under Section

136(2) of the Act.

9. This Court has carefully considered the rival

submissions and perused the material on record.

10. It is not in dispute that prior to the impugned

entries, the name of the petitioners were recorded in

column Nos.9 and 12 of the RTC in respect of their

respective lands. Sections 128 and 129 of the Act,

mandate issuance of notice and holding of enquiry before

effecting any mutation entries that affects rights of

recorded holders. Mutation proceedings, though summary

in nature, must strictly adhere to the statutory provisions.

There is no material forthcoming to show that the notices

were issued to the petitioners, no enquiry was conducted

before altering the entries. The mutation entries appear to

have been passed mechanically.

NC: 2026:KHC-D:3147

HC-KAR

11. This Court in the case of Dadesab S/o

Buddesad Mulla Vs. The State of Karnataka and

Others1 (Dadesab), has held that mutation entries

effected without notice and without following mandatory

procedure under Sections 128 to 131 of the Act are illegal

and liable to be quashed.

12. This Court in the case of Smt. Indramma Vs.

The State of Karnataka and Others2 (Indramma) has

held at paragraph Nos.12 and 13 as under:

12. "Learned counsel for the petitioner places reliance on the decision of the Co-ordinate Bench of this Court in Dadesab S/o Buddesab Mulla Vs. The State of Karnataka and othersḥ3 (Dadesab).

Wherein this Court on 17.02.2023, by placing reliance of the decisions of this Court in Sharanabasappa Vs. The State of Karnataka and others4 (Sharanabasappa) and in the case of Abdul Samad and another Vs. the

W.P.No.100278 of 2026 D.D 14.01.2026

W.P.No.101103 of 2023 (KLR-RR/SUR)

W.P.No.147421 of 2020 dated 12.10.2020

- 10 -

NC: 2026:KHC-D:3147

HC-KAR

State of Karnataka and others5 (Abdul Samad) has held that the mutation entry made without notice and without adherence of statutory procedure are illegal and violative of principle of natural justice.

13. The objections regarding availability of alternative remedy cannot be accepted in the present case, as the impugned action is ex facie in voilation of statutory provisions and principles of natural justice. In such circumstance, the existence of appellate remedy does not bar the exercise the writ jurisdiction, and the impugned entry cannot be sustained in law and is liable to be set aside. Accordingly, this Court pass the following:

ORDER

(i) The writ petition is allowed.

(ii) The impugned mutation entry in MR.No.H2 dated 07.01.2026 th passed by the 5 respondent (Annexure-K) in respect of 1 acre

Rangapur Village, Gangavati taluk

W.P.No.101122/2021 dated 26.03.2021.

- 11 -
                                                       NC: 2026:KHC-D:3147



HC-KAR



                        of   Koppal              district   is    hereby
                        quashed.
(iii) The respondents are directed to restore and the name of the petitioner in respect of the aforesaid property within a period of four weeks from the date of receipt of copy of this order.
                   (iv) Liberty       is         reserved        to     the
                        respondents-authorities                  to    take
                        steps in accordance with law."
13. The writ petitions stand on an identical footing.

Accordingly, the impugned mutation entries without

issuance of notice or conduct of enquiry prior to passing

M.R.Nos.T146, T148, T149, T147 and T145, passed by

respondent No.4-Tahsildar, cannot be sustained.

Accordingly, this Court pass the following:

ORDER

i. The writ petitions are allowed.

ii. The mutation entries dated 10.02.2026 passed by respondent No.4-Tahsildar, in M.R.Nos.T146, T148, T149, T147 and T145 are hereby quashed.

- 12 -

NC: 2026:KHC-D:3147

HC-KAR

iii. The respondents are directed to restore the names of the respective petitioners in column Nos.9 and 12 in RTC in respect of their respective lands within a period of eight (8) weeks from the date of receipt of the certified copy of this order.

iv. Liberty is reserved to the respondents-authority to take appropriate steps, if so advised, in accordance with law.

Sd/-

JUSTICE K.S.HEMALEKHA

AT CT:VH List No.: 1 Sl No.: 40