K TIMMAPPA vs THE DEPUTY COMMISSIONER AND ORS

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HC-KAR
NC: 2026:KHC-K:11968
WP No. 202910 of 2023


CNR: KAHC030088822023




IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.202910 OF 2023 (KLR-RR/SUR)


BETWEEN:

1. K. TIMMAPPA
S/O NAGAPPA
AGE 70 YEARS
OCCUPATION AGRICULTURE
R/O MANDALAGERA VILLAGE
TALUK AND DISTRICT RAICHUR.

…PETITIONER
(BY SRI. MAHANTESH PATIL, ADV.,)

AND:

1. THE DEPUTY COMMISSIONER
RAICHUR, DISTRICT RAICHUR-584101.

2. THE TAHASILDAR
RAICHUR, DISTRICT RAICHUR-584101.

3. SMT. SUSHILAMMA
W/O BHIMAYYA
AGE 53 YEARS, OCCUPATION HOUSEHOLD
R/O MANDALAGERA VILLAGE
TALUK AND DISTRICT RAICHUR-584101.
…RESPONDENTS

(BY SRI. VEERANAGOUDA BIRADAR, AGA FOR R1 & R2
SRI. VISHWANATH RAMPUR, ADV., FOR R3)











Digitally signed by
SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA

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HC-KAR
NC: 2026:KHC-K:11968
WP No. 202910 of 2023


CNR: KAHC030088822023


THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH
IMPUGNED ORDER DATED 13.01.2023 IN REVISION PETITION
NO.75/2021 VIDE ANNEXE J PASSED BY THE RESPONDENT
NO.1 IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT NO.2 TAHASILDAR, RAICHUR TO ENTER THE
NAME OF PETITIONER IN THE REVENUE RECORDS IN BEARING
SY NO.3 MEASURING 12 GUNTAS SY NO.4 HISSA A
MEASURING 16 GUNTAS AND SY NO.6 HISSA A MEASURING 18
GUNTAS SITUATED AT MANDALAGERA VILLAGE,
CHANDRABANDA HOBLI TALUKA AND DISTRICT RAICHUR, IN
THE INTEREST OF JUSTICE & ETC.

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

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This writ petition is filed seeking the following
prayer:
a) “Issue a Writ in the nature of Certiorari to
quash impugned order dated: 13.01.2023 in
Revision Petition No.75/2021 vide Annexure-J
passed by the respondent No.1, in the
interest of justice and equity.
b) Issue a Writ in the nature of Mandamus
directing the respondent No.2-Tahasildar,
Raichur to enter the name of petitioner in
the revenue records in bearing Sy.No.3

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HC-KAR
NC: 2026:KHC-K:11968
WP No. 202910 of 2023


CNR: KAHC030088822023


measuring 12 guntas, Sy. No.4 hissa A
measuring 16 guntas and Sy. No.6 hissa A
measuring 18 guntas situated at Mandalagera
Village, Chandrabanda Hobli, Taluka and
District, Raichur, in the interest of justice.”


2. Sri.Mahantesh Patil, learned counsel appearing
for the petitioner and Sri.Vishwanath Rampur, learned
counsel appearing for the respondent No.3 submit that the
petitioner and the respondent No.3 have settled the
dispute amicably and the petitioner is relinquishing /
giving up his right over the subject property in favour of
the respondent No.3 by receiving Rs.5,00,000/-. It is
submitted that both the parties are present before the
Court and they have filed a joint compromise petition
under Order XXIII Rule 3 read with Section 151 of the
Code of Civil Procedure, 1908.


3. The joint compromise petition reads as under:

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NC: 2026:KHC-K:11968
WP No. 202910 of 2023


CNR: KAHC030088822023



“JOINT COMPROMISE PETITION U/O XXIII R.3 R/W
Sec.151 OF C.P.C.

1) That, the above captioned writ petition is filed
seeking to quash impugned order dated: 13-01-2023 in
Rev.P.No.75/2021 vide Annexure-J passed by the
respondent No.1. Wherein, the respondent No.1 rejected
the revision petition filed by the petitioner U/s 136(3) of
KLR Act and seeking writ of Mandamus to the
respondent No.2 to mutate the subject lands in the
name of petitioner.

2) That, the petitioner has purchased the schedule
lands from erstwhile owner one Sri. K. Mallesh S/o
Rangappa through the registered sale deed beg.doct.
No.1503/2004-05, dated: 28-07-2004. The respondent
No.3 herein is sister-in-law of aforesaid K. Mallesh. In
view of objections filed by the respondent No.3 for
mutation of schedule lands based on the registered sale
deed, the enquiry was conducted and finally the
impugned order vide Annexure-J in Rev.P.No.75/2021
was passed.

3) That, the respondent No.3 filed the objections
contending that, the suit schedule properties are joint
family properties and also stated pendency of
O.S.No.175/2004 before the Prl. Civil Judge (Jr.Dn.) at
Raichur.

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CNR: KAHC030088822023


4) That, the petitioner and respondent No.3 are
amicably settled the dispute as per the below mentioned
terms:
i). That, the petitioner is giving up right of
ownership, title and possessory rights acquired by
him through the registered sale deed bearing doct.
No.1503/2004-05 dated: 28-07-2004 in favour of
respondent No.3 by receiving an amount of
Rs.5,00,000/- (Five Lakhs only) by Cash.
ii). That, the petitioner is admitting the
ownership and possession of Resp No.3 over the
schedule properties.
iii). That, the petitioner is not having any
objections to mutate the name of Resp. No.3 in the
revenue records pertaining to the suit schedule
properties.
iv). That, the petitioner hereby undertakes to
withdraw the suit file by him in O.S.No.370/2025
before the learned Prl. Civil Judge & JMFC at Raichur
against the respondent No.3 and her son for
declaration, permanent injunction and rectification of
ROR's by producing the present compromise petition.
v). That, the respondent No.3 undertakes to
withdraw the O.S.No.279/2026 before the learned
Prl. Civil Judge & JMFC at Raichur filed against the
petitioner for specific performance by producing the
present compromise petition.
vi). That, the petitioner and respondent No.3
are understood the above terms and conditions of
compromise without force or fear or undue influence,

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put their signatures on the present compromise
petition.
vii). Thus, the petitioner and respondent No.3 of
this petition, have set their respective hands on this
compromise petition, enable to settle their dispute
over the suit schedule properties in accordance with
above terms and conditions, resultantly, the Hon'ble
court may please to pass an order on this
compromise petition in the ends of justice and
equity.

WHEREFORE, it is prayed above writ petition may
kindly be disposed off by recording above compromise
petition and by directing the respondent No.2 to mutate
the name of respondent No.3 of petition schedule
properties.

SUIT SCHEDULE PROPERTIES:

1. An agricultural Land bearing Sy.No.3, Hissa No.*,
msg: 12 guntas out of 01 acres 07 guntas, situated
within the limits of Mandalagere village, Tq: & Dist:
Raichur.

2. An agricultural Land bearing Sy.No.4, Hissa No.A,
msg: 16 guntas out of 31 guntas, situated within the
limits of Mandalagere village, Tq: & Dist: Raichur.

3. An agricultural Land bearing Sy. No.6, Hissa No.A,
msg: 18 guntas out of 36 guntas, situated within the
limits of Mandalagere village, Tq: & Dist: Raichur.”

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NC: 2026:KHC-K:11968
WP No. 202910 of 2023


CNR: KAHC030088822023



4. I have perused the terms of the compromise
petition. They are in accordance with law and not opposed
to public policy. The petitioner as well as the respondent
No.3 are physically present before the Court. They have
been identified by their respective counsels. They state
that they have understood the terms of compromise
petition and have affixed their signatures and thumb
impression. The said statement is placed on record. The
Joint compromise petition is accepted. In view of the
aforesaid joint compromise petition, the writ petition is
required to be disposed of.


5. The learned Additional Government Advocate
appearing for the respondent Nos.1 and 2 submits that the
proceedings being the revenue proceedings, the State
Government has no objection if the parties resolve the
dispute amicably. The said submission is placed on
record.

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HC-KAR
NC: 2026:KHC-K:11968
WP No. 202910 of 2023


CNR: KAHC030088822023


6. In view of the above, I proceed to pass the
following:
ORDER

(i) The writ petition is disposed of in terms of the
joint compromise petition.

(ii) The jurisdictional Tahsildar, Raichur, is directed to
enter the name of the respondent No.3 in the
revenue records with regard to the subject land
as per the joint compromise petition, within a
period of 3 months from the date of receipt of
copy of this order.

No order as to costs.


Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE


RV
List No.: 1 Sl No.: 4