[Cites 2, Cited by 0]
Karnataka High Court
Smt.Zameera D/O Abdul Rehman Kashimji vs Smt.Mahadevi W/O Manjunath Naik on 25 March, 2026
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NC: 2026:KHC-D:4620
WP No. 108212 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 25TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 108212 OF 2015 (KLR-RR/SUR)
BETWEEN:
SMT. ZAMEERA
D/O. ABDUL REHMAN KASHIMJI,
AGE: 42 YEARS,
OCC: AGRICULTURE,
R/O. 130, MAIN ROAD, TQ: BHATKAL,
DIST: UTTAR KANNADA.
...PETITIONER
(BY SRI. SANGRAM.S.KULKARNI, ADVOCATE)
AND:
1. SMT. MAHADEVI W/O. MANJUNATH NAIK,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
Digitally signed
by
2. SHRI. KRISHNA S/O. MANJUNATH NAIK,
PREMCHANDRA
MR
Location: HIGH
AGE: 33 YEARS, OCC: AGRICULTURE,
COURT OF
KARNATAKA R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA
3. SHRI. VENKAPPA S/O. JATTA NAIK,
AGE: 77 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
4. SMT. NEGAMMA D/O. JATTA NAIK
AGE: 59 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
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HC-KAR
TQ: BHATKAL, DIST: UTTAR KANNADA.
5. SMT. JETTEMMA
@ CHANNAMMA D/O. JATTA NAIK,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
6. SMT. MASTAMMA D/O. VENKAPPA NAIK,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
7. SMT. SHOBHA D/O. VENKAPPA NAIK,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
8. SMT. KUSUMA D/O. VENKAPPA NAIK,
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
9. SMT. PREMA D/O. VENKAPPA NAIK,
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
10. SHRI. KRISHNA S/O. VENKAPPA NAIK,
AGE: 23 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
11. LAMBODHAR S/O. MANJUNATH NAIK,
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
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WP No. 108212 of 2015
HC-KAR
12. SMT. PARAMESHWARI W/O. VENKAPPA NAIK,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
13. SHRI SHANKAR S/O. VENKAPPA NAIK,
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL, DIST: UTTAR KANNADA.
14. SMT. LAXMI W/O. MANJUNATH NAIK,
AGE: 24 YEARS, OCC: AGRICULTURE,
R/O. VENKATAPUR VILLAGE,
TQ: BHATKAL.
15. THE TAHASILDAR ,
BHATKAL TALUKA
DIST: UTTAR KANNADA.
16. THE ASSISTANT COMMISSIONER,
BHATKAL TALUK,
DIST: UTTAR KANNADA,
17. THE DEPUTY COMMISSIONER,
UTTAR KANNADA DISTRICT,
KARWAR.
...RESPONDENTS
(BY SRI.SUHAS.K.HOSAMANI, ADVOCATE FOR
SRI.A.S. PATIL, ADVOCATE FOR R2;
SMT.MALA.B.BHUTE, AGA FOR R15 TO R17;
NOTICE TO R1, R3 TO R5, R7, R11 TO R13 IS SERVED AND
UNREPRESENTED;
NOTICE TO R6, R8 TO R10 IS HELD SUFFICIENT;
R14-DECEASED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
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WP No. 108212 of 2015
HC-KAR
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Sangram S.Kulkarni., counsel for the petitioner,
Sri.Suhas K.Hosamani., appearing on behalf of Sri.A.S.Patil.,
counsel for respondent No.2 and Smt.Mala B.Bhute., AGA for
respondents 15 to 17 have appeared in person.
2. The Writ Petition is filed seeking the following
prayers:
"1) To issue a writ of certiorari and quash the order vide
Annexure-B passed by the Deputy Commissioner,
Uttara Kannada District Karwar in No.RB/RTR/CR-
47/2011-12 dated 20.07.2015 in the interest of
justice and equity.
2) To issue any other writ, order or direction to which
this petitioner is found entitled to in the present
facts and circumstances."
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the papers with
care.
4. It is not in dispute that an interim stay was granted
by this Court in the connected Writ Petition No. 61925/2011.
Pursuant to the disposal of the proceedings before the Deputy
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HC-KAR
Commissioner, the petitioner's name came to be entered in the
revenue records under ME No. 98/2010-11.
However, the Tahsildar, without taking into consideration
the subsisting interim order passed by this Court, proceeded to
delete the petitioner's name from the revenue records. Aggrieved
by the same, the petitioner preferred an appeal before the
Assistant Commissioner. The Assistant Commissioner, by order
dated 20.10.2011, set aside ME No. 98/2010-11 and directed
mutation of the petitioner's name in the revenue records.
Challenging the said order, the second respondent filed a
revision petition before the Deputy Commissioner. The Deputy
Commissioner, by order dated 20.07.2015, allowed the revision
and directed restoration of the mutation entry as it existed prior
to the order of the High Court of Karnataka, Dharwad Bench.
In my considered view, the Deputy Commissioner has
failed to take note of the interim order passed by this Court in
Writ Petition No. 61925/2011. When an interim order was in
force, the revenue authorities ought not to have proceeded with
the mutation or altered the revenue entries. Further, this Court
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in the connected writ petition has restored ME No. 175. In that
view of the matter, the impugned order dated 20.07.2015
passed by the Deputy Commissioner cannot be sustained in law
and is liable to be quashed. Accordingly, it is quashed.
5. Resultantly, the writ petition is allowed.
Sd/-
(JYOTI M)
JUDGE
RH
List No.: 1 Sl No.: 10
