[Cites 2, Cited by 0]
Karnataka High Court
Shri. Basavanni Bhima Ghasti vs Sri. Lagama Yallappa Ghasti on 10 March, 2026
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NC: 2026:KHC-D:3780
WP No. 108423 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 108423 OF 2017 (KLR-RR/SUR)
BETWEEN:
SHRI. BASAVANNI BHIMA GHASTI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BIDAREWADI-591 246,
TAL: HUKKERI, DIST: BELAGAVI.
... PETITIONER
(BY SMT. P.G. NAIK, ADVOCATE)
AND:
1. SRI. LAGAMA YALLAPPA GHASTI,
AGE: 65 YEARS, OCC: AGRICULTURE,
SINCE DECEASED BY HIS LR'S.,
1A. SMT. GANGAWWA W/O LAGAMA GHASTI,
AGE: 64 YEARS, OCC: HOUSEHOLD WORK,
R/O: GANESHWADI-416 105,
TAL: CHANDGAD, DIST: KOLHAPUR,
Digitally signed
by (MAHARASHTRA).
PREMCHANDRA
MR
Location: HIGH 1B. SHRI. SURESH S/O LAGAMA GHASTI,
COURT OF
KARNATAKA AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: GANESHWADI-416 105,
TAL: CHANDGAD, DIST: KOLHAPUR,
(MAHARASHTRA).
1C. SHRI. SHANKAR S/O LAGAMA GHASTI,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: GANESHWADI-416 105,
TAL: CHANDGAD, DIST: KOLHAPUR,
(MAHARASHTRA).
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2. SRI. BALAPPA YALLAPPA GHASTI,
AGE: 60 YEARS, OCC: AGRICULTURE,
SINCE DECEASED BY HIS LR'S.,
2A. SMT. DUNDAWWA W/O BALAPPA GHASTI,
AGE: 60 YEARS, OCC: HOUSEHOLD WORK,
R/O: NESARGI-416 104, TAL: CHANDGAD,
DIST: KOLHAPUR, (MAHARASHTRA).
3. SHRI. KALLAPPA S/O YALLAPPA GHASTI,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: GOKAK FALLS-591 308,
TAL: GOKAK, DIST: BELAGAVI.
4. SHRI. IRAPPA S/O YALLAPPA GHASTI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: RAJAGOLI-416 508, TAL: CHANDGAD,
DIST: KOLHAPUR, (MAHARASHTRA).
5. SHRI. BAKANNA YALLAPPA GHASTI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. BIDAREWADI-591 246,
TAL: HUKKERI, DIST: BELAGAVI.
6. SHRI. SHIVAPPA YALLAPPA GHASTI,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O: MUMBAI, NOW AT BIDAREWADI-591 246,
TAL: HUKKERI, DIST: BELAGAVI.
7. SHRI. ASHOK MAHADEV GHASTI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: BIDAREWADI-591 246, TAL: HUKKERI,
DIST: BELAGAVI.
8. SHRI. MARUTI MAHADEV GHASTI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: HUBBALLI, DIST: DHARWAD.
9. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI-590 001.
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10. THE SENIOR ASSISTANT COMMISSIONER,
BELAGAVI DIVISION, BELAGAVI-590 001.
11. THE DEPUTY TAHASILDAR,
NAAD KACHERI, HUKKERI-591 309.
12. SRI. MAHALING MAHADEV GHASTI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: BENGALURU, NOW AT
R/O: BIDAREWADI-591 246.
13. SRI. BABU MAHADEV GHASTI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BIDAREWADI-591 246,
TQ: HUKKERI, DIST: BELAGAVI.
14. SMT. IRAVVA YALLAPPA GHASTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: RAJAGOLI-416 508,
TQ: CHANDGAD, DIST: KOLHAPUR
(MAHARASHTRA).
(RESPONDENT NO.14 DELETED V/O/DATED
04.03.2022)
... RESPONDENTS
(BY SMT. MALA.B.BHUTE, AGA FOR R9-R11;
SRI. RAMESH.I.ZIRALI, ADVOCATE FOR R1(A-C),
R2(A) TO R8, R12 AND R13;
R14 IS DELETED V/O/DATED 04.03.2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
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HC-KAR
ORAL ORDER
Smt.P.G.Naik., counsel for the petitioner,
Smt.Mala.B.Bhute., Additional Government Advocate for
respondents 9 to 11 and Sri.Ramesh.I.Zirali., counsel for
respondents 1(A to C), 2(A), 8, 12 and 13 appeared in person.
2. The Writ petition is filed seeking the following
prayers:
"A) A Writ in the nature of certiorari and quash the Orders passed in
No.RTS/AP-103/2007, dated 10.01.2012 by the Senior Assistant
Commissioner, Belagavi at ANNEXURE-C and Order in No.RB/RTA-
86/2013-14, dated 25.05.2017 passed by the Deputy Commissioner,
Belagavi, at ANNEXURE-E, by allowing this petition.
B) Pass any other order/directions, as the petitioners are entitled, which
may be appropriate in the facts and circumstances of the case, may
be passed in the interest of justice and equity."
3. The agricultural lands bearing R.S.Nos.9, 91/1 and
91/10 situated at Bidarewadi village, Hukkeri Taluk are the
properties under dispute. The petitioner filed Varadi on
10.11.2003 before the Revenue Authority and based on the said
Varadi, M.R. No.16, T.N. No.20122 was mutated by the Revenue
Inspector on 04.02.2004. Aggrieved by the mutation entry,
respondents 1 to 10 preferred an appeal before the Assistant
Commissioner. The Assistant Commissioner vide order dated
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HC-KAR
10.01.2012 set-aside the mutation entry and also allowed the
appeal. As against the order of the Assistant Commissioner, the
petitioner preferred a revision before the Deputy Commissioner.
The Deputy Commissioner vide order dated 25.05.2017 rejected
the revision petition. Under these circumstances, the petition is
filed on several grounds as set out in the memorandum of Writ
Petition.
4. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the papers with
care.
5. As a civil suit/lis is currently pending between the
Petitioner and Respondents 1 to 10 regarding the subject matter,
they shall be strictly bound by the final outcome and decree of
the Civil Court.
6. With the above observation, the Writ petition is
disposed of.
Sd/-
(JYOTI M)
JUDGE
RH/LIST NO.: 1 SL NO.: 30
