SRI SHIVAPPA S/O YALLAPPA KOTABAGI vs THE DEPUTY COMMISSIONER

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HC-KAR
NC: 2026:KHC-D:16924
WP No. 105221 of 2024


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IN THE HIGH COURT OF KARNATAKA
AT DHARWAD

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO.105221 OF 2024 (KLR-RES)

BETWEEN:

1. SRI. SHIVAPPA S/O YALLAPPA KOTABAGI,
AGE: 75 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

2. SRI. BASAVARAJ S/O BASAPPA KOTABAGI,
AGE: 55 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

3. SRI. NINGAPPA S/O BASAPPA KOTABAGI,
AGE: 53 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

4. SMT. SAROJA W/O YALLAPPA HEGGERI,
AGE: 52 YEARS, OCC: AGRICULTURIST,
R/O: C-4/2066, NEAR VARSHA BEAUTY PARLOR,
SAIDAPUR, TQ: & DIST: DHARWAD-580008.

5. SRI. YALLAPPA S/O BASAPPA KOTABAGI,
AGE: 50 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

6. SRI. SHIVASAHANAKAR S/O BASAPPA KOTABAGI,
AGE: 48 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

7. SMT. KASTURI W/O SHEKAPPA SHIVALLI,


















Digitally
signed by
SAROJA
HANGARAKI
Location:
high court of
karnataka,
dharwad
bench

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WP No. 105221 of 2024


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AGE: 46 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

8. SRI. CHANNAPPA S/O BASAPPA KOTABAGI,
AGE: 50 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.

9. SMT. NEELAVVA W/O BASANAGOUDA RAYANAGOUDA,
AGE: 50 YEARS, OCC: AGRICULTURIST,
R/O: MANAGUNDI VILLAGE,
TQ: & DIST: DHARWAD-580007.
…PETITIONERS
(BY SRI. S.N. BANAKAR, ADVOCATE)

AND:
1. THE DEPUTY COMMISSIONER,
DHARWAD, TQ: & DIST: DHARWAD.

2. THE ASSISTANT COMMISSIONER,
DHARWAD, TQ: & DIST: DHARWAD.

3. THE TAHASILDAR,
DHARWAD, TQ: & DIST: DHARWAD-580001.

4. SMT. BASAVANNEVVA W/O KALLAPPA SWADI,
CALLING AND CLAIMING HERSELF AS,
SMT. BASAVANNEVVA W/O KALLAPPA KOTABAGI,
AGE: 83 YEARS, OCC: HOUSEHOLD WORK,
R/O: HIREMALLIGAWAD, TQ: DHARWAD,
DIST: DHARWAD-580007.
…RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1 TO R3;
SRI. NAVEEN CHATRAD, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER ORDER OR DIRECTION THEREBY
QUASHING THE IMPUGNED ORDER PASSED BY RESPONDENT NO.1
IN CASE NO.R.P.NO.3/2024 DATED 08.08.2024 AS PER ANNEXURE-Q
AND TO RESTORE THE ORDER PASSED BY RESPONDENT NO.2 AS
PER ANNEXURE-M IN CASE NO.RTA/AP/ID/132/2023-24 DATED
26.06.2023, BY ALLOWING THIS WRIT PETITION AND ETC.

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WP No. 105221 of 2024


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THIS WP COMING ON FOR PRELIMINARY HEARING IN ‘B’
GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

1. Petitioners are before this court being aggrieved by the
order dated 08.08.2024 produced at Annexure-Q passed
by respondent No.1-Deputy Commissioner in terms of
which respondent No.1-Deputy Commissioner has directed
mutation of name of one Smt.Basavannevva wife of
Kallappa Kotabagi/respondent No.4 herein in the revenue
records in respect of lands bearing R.S./Block Nos.13/1,
13/2 and 13/3 measuring 3 acres 11 guntas, 7 acres 19
guntas and 3 acres 8 guntas respectively and has
consequently set aside the order dated 26.06.2023 passed
by the Assistant Commissioner in RTS/AP/ID/132/2023-
2024.

2. Learned counsel for the petitioners taking this Court
through the records and submits that respondent No.4 is a
total stranger to the family of the petitioners, who claims
to be the wife of one Kallappa Kotabagi. The said Kallappa

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Kotabagi admittedly passed away on 17.11.1955 and it is
only in the year 2020 i.e., after lapse of 65 years,
respondent No.4 has approached the Revenue Authorities
seeking inclusion of her name in the revenue records which
was rightly rejected by the Assistant Commissioner, as
such, the Deputy Commissioner ought not to have, in his
revisional jurisdiction, interfered with the order passed by
the Assistant Commissioner, directing inclusion of name of
respondent No.4 in the revenue records in respect of the
suit property. He submits that, the order is suffering from
perversity, illegality, impropriety, incorrectness, therefore
warrants interference at the hands of this Court.

3. He submits that, if at all, respondent No.4 has any right,
she has to establish the same in a suit filed by her in
O.S.No.65/2022 and after determination of such right
alone can she seek for inclusion of her name. That by
virtue of this illegal order, there is every possibility of
respondent No.4 creating third party interest over the
property besides interfering with the peaceful possession

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and enjoyment of the property by the petitioners. Hence
seeks for allowing the petition.

4. Per contra learned counsel appearing for the respondent
No.4 referring to her statement of objections and the
documents produced therewith viz., Survival Certificate
issued by the Tahasildar produced at Annexure-R1,
Aadhaar Card produced at Annexure-R2, Election ID Card
produced Annexure-R3, Ration Card produced at
Annexure-R4 and Hakku patra issued on 19.11.1991
produced as per Annexure-5 submits that, these
documents issued by the statutory authorities prima facie
established relationship between respondent No.4 and
deceased Kallappa Kotabagi of she being his wife, that the
Deputy Commissioner has taken note of these documents
prima facie
and thus having come to the finding of she
being the wife, has directed her name to be included along
with the names of the petitioners, however, subject to the
outcome of the suit filed by respondent No.4 in
O.S.No.65/2022. Therefore, he submits that there is no
illegality or irregularity in respondent-Deputy

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Commissioner directing inclusion of name of respondent
No.4.

5. Learned High Court Government Pleader, justifying the
order passed by the Deputy Commissioner/respondent
No.1 herein submits that the said order has been passed
on the basis of prima facie finding found at paragraph No.5
of the impugned order passed by the Deputy
Commissioner. Therefore, no error can be found.

6. Heard and perused the records.

7. Respondent No.4 claimed to be the wife of Kallappa
Kotabagi and she has relied upon documents at
Annexures-R1 to R5 produced along with the statement of
objections as noted above. One of the documents namely
the Aadhaar card indicates date of birth of the respondent
No.4 as 01.06.1940 and date of death of her husband is
stated to be 1955. The documents referred to above
consistently refer her to be the wife of Kallappa Kotabagi.
It is not in dispute Kallappa Kotabagi is the family member
of the petitioners.

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8. The Deputy Commissioner at paragraph No.5 of the
impugned order has taken note of the aforesaid documents
produced by respondent No.4 herein to accept her claim to
be wife of Kallappa Kotabagi and has specifically noting the
pendency of the suit filed by her in O.S.No.65/2022, has
proceeded to pass the order with directions as noted
above.

9. Therefore it cannot be said that, the order passed by the
Deputy Commissioner is perverse and without any material
evidence. Whether the said documents are genuine or not
is a question subject matter of the suit in O.S.No.65/2022
to be considered.

10. The Deputy Commissioner has explicitly made it clear that
entry of name of respondent No.4 in the revenue record
would be subject to the outcome of the said suit in
O.S.No.65/2022. Therefore, no error or illegality can be
found in the order of the Deputy Commissioner.

11. As regards the apprehension of the petitioners that,
respondent No.4 alienating or creating any third party
interest over the properties is concerned, respondent No.4

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is hereby directed not to create any third party rights or
alienate any portion of the properties referred to above
until disposal of the suit in O.S.No.65/2022.

12. The revenue entries made pursuant to the order of the
Deputy Commissioner is subject to outcome of the suit in
O.S.No.65/2022.

13. With the above observations writ petition is disposed of .

14. All contentions of the parties are kept open with regard to
the proof or otherwise of the claim made by the petitioners
and respondent No.4.

15. It is made clear that the above observation and the
reasoning only to the limited extent of considering the
order passed by the Deputy Commissioner. The suit shall
be disposed of without being influenced by disposal of this
writ petition.

Sd/-
(M.G.S. KAMAL)
JUDGE
EM, CT:VP
LIST NO.: 1 SL NO.: 53