Citation : 2026 Latest Caselaw 1960 Kant
Judgement Date : 6 March, 2026
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NC: 2026:KHC-K:2197
WP No. 201132 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201132 OF 2026 (KLR-RR/SUR)
BETWEEN:
1. GUNDAPPA
S/O SHIVAPPA ARAKI,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O MARAPALLI, TQ. CHINCHOLI,
DIST. KALABURAGI-585306.
2. RACHAMMA
W/O LATE CHANDRAPPA,
AGE: 70 YEARS, OCC: HOUSEWIFE,
R/O MARAPALLI, TQ. CHINCHOLI,
DIST. KALABURAGI-585306.
Digitally signed 3. GUNDAMMA
by SWETA
KULKARNI W/O SHARANPPA
Location: HIGH AGE: 68 YEARS, OCC: HOUSEWIFE,
COURT OF R/O MARAPALLI, TQ. CHINCHOLI,
KARNATAKA
DIST. KALABURAGI-585306.
4. SUBAMMA
W/O YALLAPPA ARAKI,
AGE; 69 YEARS, OCC: AGRICULTURE,
R/O MARAPALLI, TQ. CHINCHOLI,
DIST. KALABURAGI-585306.
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WP No. 201132 of 2026
HC-KAR
DEVANDRAPPA S/O LATE HANMANTH
By HIS LRS,
5. SINU S/O LATE DEVANDRAPPA,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O MARAPALLI, TQ CHINCHOLI,
DIST. KALABURAGI-585306.
...PETITIONERS
(BY SRI. VEERSHETTY BAKKAPPA KONDAPALLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S.BUILDING,
BENGALURU-560001.
2. THE REGIONAL COMMISSIONER,
KALABURAGI, DIST. KALABURAGI-585102.
3. THE DEPUTY COMMISSIONER,
KALABURAGI, DIST. YADGIR-585101.
4. THE ASSISTANT COMMISSIONER,
SEDAM, DIST. KALABURAGI.
5. THE TAHSILDAR,
CHINCHOLI, DIST. KALABURAGI-585305.
6. THE KARNATAKA STATE BOARD OF WAKFS,
"DARULA A WAKF" NO.6, CUNNINGHAM ROAD,
BENGALURU-560052
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
...RESPONDENTS
(BY SRI SHESHADRI JAISHANKAR M., AGA FOR R1 TO R5;
SRI P. S. MALIPATIL, ADVOCATE FOR R6 THROUGH (VC))
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WP No. 201132 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING
THE RESPONDENTS TO DELETE THE NAME OF THE 6TH
RESPONDENT, IN RESPECT OF SY.NO.17/*HISS/1 AND
SY.NO.17/*HISS/5 AND SY.NO.17/*HISS/6 AND SY.NO.17/*
HISS/2 AND SY.NO.17/*HISS/3 AND SY.NO.17/*HISS/4
MEASURING 27 ACRES 16 GUNTAS, SITUATED AT MARAPALLI
VILLAGE TQ.CHINCHOLI, DIST.KALABURAGI IN COLUMN NO.11
FROM THE RECORD AS PER ANNEXURE-B AND C. B) PASS
SUCH OTHER ORDERS OR DIRECTIONS AS THIS HON'BLE
COURT DEEMS JUST AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT
PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. The petitioners are before this Court in this writ
petition filed under Article 226 of the Constitution of India,
seeking for the following reliefs:
(i) Issue a writ in the nature of mandamus or any other appropriate writ or order or direction, directing the respondents to delete the name of the 6th respondent, in respect of Sy.No.17/*/Hiss/1 and Sy.No.17/*Hiss/5 and Sy.No.17/*Hiss, and Sy.No.17/*Hiss/2 and Sy.No.17/*Hiss/3 and Sy.No.17/*Hiss/4, measuring 27 acres 16 guntas,
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HC-KAR
situated at Marapalli village, taluk Chincholi, district Kalaburagi, in column No.11 from the record as per Annexure-B & C, in the interest of justice;
(ii) Pass such other orders or directions as this Hon'ble Court deems just and proper under the facts and circumstances of the case and allow this writ petition, in the interest of justice and equity.
2. The petitioners claims to be the absolute
owners in possession of the property bearing
Sy.No.17/*Hiss/1 and Sy.No.17/*Hiss/5 and
Sy.No.17/*Hissa/6, and Sy.No.17/*Hiss/ and
Sy.No.17/*Hiss/ and Sy.No.17/*Hss, measuring 27 acres
16 guntas situated at Marapalli village, taluk Chincholi,
district Kalaburagi.
3. The grievance of the petitioners is that, the
name of the 6th respondent has been entered in the
revenue records of the aforesaid land illegally and without
notice to them. It is under these circumstances, they are
before this Court.
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4. Learned Additional Government Advocate brings
to the notice of this Court that, the petitioners have
approached this Court even without filing necessary
application before the Tahasildar to delete the name of 6th
respondent from the revenue records of the land in
question.
5. In view of the aforesaid, the writ petition is
disposed of granting liberty to the petitioners to file
necessary application before the 5th respondent-Tahasildar
seeking appropriate relief. If such application is filed along
with supportive documents, the respondent No.5-
Tahasildar shall consider the same and shall pass
appropriate orders in accordance with law as expeditiously
as possible, but not later than a period of four months
from the date of receipt of such application.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
SVH List No.: 1 Sl No.: 16 CT:PK
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