[Cites 2, Cited by 0]
Karnataka High Court
Sri.Prakash S/O. Shakuntala Bugati vs The Deputy Commissioner on 24 March, 2026
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NC: 2026:KHC-D:4515
WP No. 138402 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 138402 OF 2020 (KLR-RES)
BETWEEN:
SRI. PRAKASH S/O. SHAKUNTALA BUGATI,
AGED ABOUT 43 YEARS, OCC: MILKMAN,
R/AT: HOSUR, TQ: JAMKHANDI,
DIST: BAGALKOTE.
...PETITIONER
(BY MS.BASAVARAJESWARI KENGAL, ADVOCATE FOR
SRI.MRUTYUNJAY TATA BANGI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
BAGALKOTE DISTRICT,
BAGALKOTE-587101.
2. THE ASSISTANT COMMISSIONER,
JAMKHANDI SUB-DIVISION,
JAMKHANDI, DIST: BAGALKOTE.
3. THE TAHASILDAR,
Digitally signed
by
RABAKAVI-BANAHATTI TALUKA,
PREMCHANDRA
MR BAGALKOTE DISTRICT-587102.
Location: HIGH
COURT OF
KARNATAKA
SMT. DURGAWWA W/O SANTAPPA PAWADI,
SINCE DECEASED BY LR'S.,
4. SMT. DANAWWA W/O. PARAPPA PAWADI,
AGED ABOUT 65 YEARS, OCC: AGRICULTURE,
R/AT: HOSUR, TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOTE-587102.
5. SMT. BANDAWWA D/O. PARAPPA PAWADI,
AGED ABOUT 45 YEARS, OCC: HOUSEHOLD,
R/AT: HOSUR, TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOTE-587102.
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NC: 2026:KHC-D:4515
WP No. 138402 of 2020
HC-KAR
6. SMT. RENUKA W/O. VITTAL KEMPISHETTI,
AGED ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/AT: HOSUR, TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOTE-587102.
7. SRI. PARASAPPA S/O. PARAPPA PAWADI,
AGED ABOUT 40 YEARS, OCC: AGRICULTURE,
R/AT: HOSUR, TQ: RABAKAVI-BANAHATTI,
DIST: BAGALKOTE-587102.
...RESPONDENTS
(BY SMT.MALA.B.BHUTE, AGA FOR R1 TO R3;
SRI.SHARAT.B.NYAMAGOUDAR, ADVOCATE FOR
SRI.C.S.SHETTAR, ADVOCATE FOR R4 TO R6;
NOTICE TO R7 IS SERVED AND UNREPRESENTED)
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:
ORAL ORDER
Ms.Basavarajeswari Kengal., counsel appearing on behalf
of Sri.Mrutyunjay Tata Bangi., counsel for the petitioner,
Smt.Mala.B.Bhute., AGA for respondents 1 to 3 and Sri.Sharat
B.Nyamagoudar., appearing on behalf of Sri.C.S.Shettar.,
counsel for respondents 4 to 6 have appeared in person.
2. The Writ Petition is filed seeking the following
prayers:
"a) Issue a writ in the nature of certiorari or any other
writ or direction and quash the order passed by the
Deputy Commissioner, Bagalkote passed in
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HC-KAR
RP/19/2016 dated 20.7.2017, copy as per
Annexure-D being violative of Principles of Natural
Justice, arbitrary and un-reasonable and/or,
b) Pass such other order orders as this Hon'ble Court
deems fit in the facts and circumstances of the
case."
3. The short facts are as follows:
The petitioner contends that his name came to be entered
in respect of an extent of 3 guntas in Sy. No. 3/3D of Hosur
Village, Rabakavi-Banahatti Taluk, Bagalkote District, by virtue of
a Varadi pursuant to a family settlement in the year 2007.
Consequent thereto, the Tahsildar mutated the petitioner's name
in the revenue records on 08.02.2007.
It is further noted that one Durgawwa preferred an appeal
before the second respondent-Assistant Commissioner in
RTS/AP-42/2014-15, questioning the said mutation entry. The
Assistant Commissioner, vide order dated 30.06.2016, rejected
the appeal. Aggrieved by the same, she preferred a revision
petition before the Deputy Commissioner. The Deputy
Commissioner, vide order dated 20.07.2017, allowed the revision
petition. Aggrieved thereby, the petitioner is before this Court.
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HC-KAR
4. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the writ papers
with care.
5. Counsel for the petitioner and Respondent Nos. 4 to
6 jointly submit that, due to unavoidable circumstances, they
were unable to appear before the Deputy Commissioner. It is
further submitted that the Deputy Commissioner, taking note of
their absence, proceeded to decide the matter on merits.
6. The said submission is placed on record.
7. A perusal of the order of the Deputy Commissioner
indicates that the contesting parties were absent at the time of
hearing. However, the Deputy Commissioner proceeded to
adjudicate the matter on merits. On careful examination of the
order, it is evident that the Deputy Commissioner has rendered
findings with regard to the alleged family settlement as well as
the relationship of Durgawwa with the petitioner. Such findings
pertain to disputed questions of title and status, which fall within
the exclusive domain of the competent Civil Court. The Deputy
Commissioner, in effect, has assumed the role of a Civil Court,
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HC-KAR
which is impermissible in proceedings of this nature. Hence, the
matter requires reconsideration.
8. Accordingly, a writ of certiorari is issued. The order
dated 20.07.2017 passed by the Deputy Commissioner is hereby
quashed. The matter is remitted to the Deputy Commissioner for
fresh consideration in accordance with law.
9. The petitioner and Respondent Nos. 4 to 6 are
directed to appear before the Deputy Commissioner on
16.04.2026 without awaiting any further notice. Upon their
appearance, the Deputy Commissioner shall afford an
opportunity of hearing to the parties and pass appropriate orders
in accordance with law.
10. Resultantly, the writ petition stands allowed. The
matter is remanded for fresh consideration.
Sd/-
(JYOTI M)
JUDGE
RH
List No.: 1 Sl No.: 29
