Citation : 2026 Latest Caselaw 2101 Kant
Judgement Date : 10 March, 2026
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WP No. 200303 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 200303 OF 2026 (KLR-RES)
BETWEEN:
KASHAMMA W/O KASHINATH,
THROUGH SPA HOLDER,
RAHUL S/O KASHINATH,
AGE ABOUT 34 YEARS, OCC: AGRICULTURE,
R/O HOUSE NO 19-4-190,
NEAR COMMITTEE HALL, NAUBAD,
DIST. BIDAR-585402.
...PETITIONER
(BY SRI INDUDHAR PANDURANG JADAV, ADVOCATE)
AND:
Digitally signed
by NIJAMUDDIN 1. THE DEPUTY COMMISSIONER,
JAMKHANDI
Location: HIGH BIDAR DISTRICT, BIDAR-585402.
COURT OF
KARNATAKA
2. SHAMRAO S/O RANGANATHRAO,
AGE: MAJOR, OCC: AGRICULTURE,
R/O NAUBAD VILLAGE,
TQ. AND DIST. BIDAR-585402.
3. MALLAMMA W/O LATE LALAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O NAUBAD VILLAGE,
TQ. AND DIST. BIDAR-585402.
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4. SIDDARTH S/O LATE LALAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O NAUBAD VILLAGE,
TQ. AND DIST. BIDAR-585402.
5. BHARATH S/O LATE LALAPPA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O NAUBAD VILLAGE,
TQ. AND DIST. BIDAR-585402.
6. NASEER KHAN
S/O MOHIYUDDIN KHAN,
AGE: MAJOR, OCC: AGRICULTURE,
R/O NAUBAD VILLAGE,
TQ. AND DIST. BIDAR-585402.
7. BSK HOUSING CO-OPERATIVE SOCIETY LTD., BIDAR,
REPRESENTED BY CHIEF EXECUTIVE OFFICER,
BIDAR-585402.
8. TAHSILDAR, BIDAR, DIST. BIDAR-585402.
9. SHIVARAM @ SHIVARAYA S/O APPARAO PATIL,
AGED: MAJOR, OCC: AGRICULTURE,
R/O GANESH MAIDAN, MADKI COMPLEX, BIDAR.
10. DEEPAK S/O GUNDERAO PATWARI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O C/O SATISH EKHALIKAR DOCTOR,
NEAR OLD POST OFFICE, BIDAR.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 & R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER OF
RESPONDENT NO.1 DATED 14.10.2025 PASSED IN
R.P.NO.147/2023 THE COPY OF THE SAME IS PRODUCED AT
ANNEXURE-F. B) ISSUE A WRIT OF MANDAMUS DIRECTING
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THE RESPONDENT NO.1 TO CONSIDER THE PETITIONER
REPRESENTATION DATED 10.11.2025 THE COPY OF THE SAME
IS PRODUCED AT ANNEXURE-G. C) ISSUE ANY OTHER ORDER
OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN VIEW
OF THE FACTS AND CIRCUMSTANCES OF THE CASE STATED
ABOVE.
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
This writ petition is filed under Articles 226 and 227
of the Constitution of India seeking the following reliefs:
"A) issue a writ of certiorari quashing the order of respondent No.1 dated 14.10.2025 passed in R.P.No.147/2023 the copy of the same is produced at Annexure-F. B) Issue a writ of mandamus directing the respondent No.1 to consider the petitioner representation dated 10.11.2025 the copy of the same is produced at Annexure-G. C) issue any other order or direction as this Hon'ble Court deems fit in view of the facts and circumstances of the case stated above."
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2. Heard learned counsel for the petitioner and
learned Additional Government Advocate, who is directed
to take notice for respondent Nos.1 and 8.
3. It appears that respondent Nos.2 to 6 herein
had filed Revision Petition No.147/2023-24 before the
Deputy Commissioner, Bidar assailing the order passed by
the Assistant Commissioner in file No.Rev/Appeal/CR-
45/2020-21 dated 08.12.2023, wherein the prayer made
by the revision petitioners to enter their name in the
revenue records of the land in question was rejected. The
Deputy Commissioner vide order at Annexure-F dated
14.10.2025 has dismissed Revision Petition No.147/2023-
24, on the ground that the land which was subject matter
of the revision petition is an Inam land and no application
is filed by any party for re-grant of the said land and
therefore, directed to enter the name of the State in the
revenue records of the said land. Petitioner herein, who
had impleaded herself as respondent No.3 in Revision
Petition No.147/2023-24, appears to have subsequently
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filed a representation before the respondent No.1-Deputy
Commissioner on 10.11.2025 by vide Annexure-G seeking
re-grant of the land bearing Survey No. 154/P2 measuring
04 acres 07 guntas, which was subject matter of Revision
Petition No.147/2023-24. Assailing the order at Annexure-
F dated 14.10.2025 passed in RP No.147/2023-24 and
also seeking a writ of mandamus directing the respondent
No.1-Deputy Commissioner to consider her representation
at Annexure-G dated 10.11.2025, the petitioner is before
this Court.
4. The petitioner has not challenged the order
passed by the Assistant Commissioner in file
No.Rev/Appeal/CR-45/2020-21 dated 08.12.2023 before
the Deputy Commissioner and on the other hand, it was
the respondent Nos.2 to 6 herein, who had filed a revision
petition against the order passed by the Assistant
Commissioner. Petitioner had impleaded herself as
respondent No.3 in RP No.147/2023-24. Undisputedly, RP
No.147/2023-24 was dismissed by the Deputy
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Commissioner. Therefore, the petitioner, who is
respondent No.3 in the said revision petition cannot have
any grievance as against the order of the Deputy
Commissioner.
5. It is not the case of the petitioner that she had
filed any application seeking the re-grant of the land in
question and therefore, the order passed by the Deputy
Commissioner cannot be termed as erroneous.
Undisputedly, after disposal of RP No.147/2023-24 vide
order dated 14.10.2025 at Annexure-F, petitioner has filed
a representation before the Deputy Commissioner on
10.11.2025 vide Annexure-G seeking re-grant of the land
bearing Survey No.154/P2 measuring 04 acres 07 guntas,
which was subject matter of RP No.147/2023-24.
6. Under the circumstances, I am of the opinion
that the petitioner is not entitled for first relief sought in
the writ petition, wherein a prayer is made to quash the
order dated 14.10.2025 passed in RP No.147/2023-24 by
Deputy Commissioner vide Annexure-F. However, it is not
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in dispute that after RP No.147/2023-24 was disposed of,
petitioner has submitted a representation vide the
Annexure-G dated 10.11.2025 before the Deputy
Commissioner, with a prayer to re-grant the land bearing
Survey No.154/P2 measuring 04 acres 07 guntas situated
at Naubad Village, Tq. And Dist: Bidar, which was subject
matter of RP No.147/2023-24. According to the petitioner,
the Deputy Commissioner has not considered the said
representation and disposed of the same.
7. If that is so, respondent No.1-Deputy
Commissioner is required to consider the same and pass
appropriate orders on the same in accordance with law.
8. Learned Additional Government Advocate
submits that if some breathing time is granted, respondent
No.1-Deputy Commissioner shall consider the
representation of petitioner at Annexure-G dated
10.11.2025 and pass orders in accordance with law.
9. Said submission is placed on record.
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10. Accordingly, the following:
ORDER
i. The writ petition is allowed in part.
ii. Respondent No.1-Deputy Commissioner is
directed to consider the representation of the
petitioner dated 10.11.2025 at Annexure-G
and pass appropriate orders on the same in
accordance with law, as expeditiously as
possible, but not later than a period of three
months from the date of receipt of copy of
this order.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE
NJ List No.: 1 Sl No.: 5 CT:PK
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