T.K.M. MUDIMALLA S/O LATE KARIANN vs THE DEPUTY COMMISSIONER

Court
Karnataka High Court

- 1 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019




IN THE HIGH COURT OF KARNATAKA AT DHARWAD



TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE RAGHAVENDRA SEETHARAM SRIVATSA

WRIT PETITION NO. 111745 OF 2019 (KLR-RR/SUR)
BETWEEN:

1. T. K. M. MUDIMALLA S/O LATE KARIANN,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: TAMBRAHALLI, TQ AND DIST: BALLARI.



2. MUDIMALLA S/O LATE KALAPPA,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: TAMBRAHALLI,
TQ AND DIST: BALLARI.


…PETITIONERS
(BY SMT. MANASI JIGAJINNI, ADVOCATE FOR
SRI. V. M. SHEELAVANT AND SRI S. H. MITTALKOT, ADVOCATES)

AND:
1. THE DEPUTY COMMISSIONER,
BALLARI.





2. THE ASSISTANT COMMISSIONER,
BALLARI.

3. THE THASILDAR,
BALLARI.

4. THE REVENUE INSPECTOR,
MOKA, TQ: BALLARI.
BHARATHI
H M


Digitally signed by
BHARATHI H M
Location: high court of
karnataka, dharwad
bench
Date: 2026.10.29
14:42:17 +0530
5. MALLAIAH S/O LATE JALIBENCHI BHEEMAPPA,
SINCE DECEASED BY HIS LR’S,

5A. ADEMMA D/O JALIBENCHI MALLAYYA,
AGE. 61 YEARS, OCC. HOUSEWIFE,
R/O. TAMBRAHALLI VILLAGE,
TQ AND DIST. BALLARI.

5B. DEVENDRAPPA S/O JALIBENCHI MALLAYYA,

- 2 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019


AGE. 60 YEARS, OCC. HOUSEWIFE,
R/O. TAMBRAHALLI VILLAGE,
TQ AND DIST. BALLARI.

5C. SHRISHAIL S/O JALIBENCHI MALLAYYA,
AGE. 59 YEARS, OCC. HOUSEWIFE,
R/O. TAMBRAHALLI VILLAGE,
TQ AND DIST. BALLARI.

5D. BHIMALINGAPPA S/O JALIBENCHI MALLAYYA,
AGE. 61 YEARS, OCC. HOUSEWIFE,
R/O. TAMBRAHALLI VILLAGE,
TQ AND DIST. BALLARI.
…RESPONDENTS
(BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R4;
SRI. PRAKASH R. BADIGER, ADVOCATE FOR R5(A-D))

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 OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION QUASHING THE ORDER DATED 19.06.2009
PASSED BY 2ND RESPONDENT IN SUM/KUM/APPEAL/236/2008-09
PRODUCED AT ANNEXURE-B IN SO FAR AS ORDER TO ENTER NAME
OF KARNATAKA SARKAR ASHRAYA YOJANE TO SY.NO.152A/1
MEASURING 13 CENTS, SY.NO.152C MEASURING 95 CENTS AND
SY.NO.152C/2 MEASURING 90 CENTS SITUATED AT TAMBRAHALLI
VILLAGE IN BALLARI TALUK, AND THE ORDER DATED 27.08.2014
PASSED BY THE 1ST RESPONDENT IN APPEAL NO.135/2009-10
PRODUCED AT ANNEXURE-C, IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.

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

CORAM: HON'BLE MR. JUSTICE RAGHAVENDRA SEETHARAM SRIVATSA

- 3 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019


ORAL ORDER


1. The controversy in this Writ Petition relates to
the mutation of revenue entries in respect of lands in
Sy.Nos.152A/1, 152C/1 and 152C/2 of Tambrahalli Village,
Ballari Taluk. The orders impugned in this Writ Petition are
the order dated 19.06.2009 passed by the Assistant
Commissioner, Ballari (Annexure-B) and the order of the
Deputy Commissioner, Ballari (Annexure-C).


2. Briefly stated, the Assistant Commissioner
allowed an appeal filed by respondent No.5 herein and
directed mutation of revenue entries in his favour in
respect of the lands noted above. Aggrieved thereby, the
present petitioners filed a revision before the Deputy
Commissioner under Section 136(3) of the Karnataka Land
Revenue Act, 1964, which has been dismissed.


3. I have heard Ms. Manasi Jigajinni, learned
counsel for petitioner, Smt. Nandini B. Somapur, learned
Addl. Government Advocate for respondent Nos.1 to 4 and

- 4 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019


Sri Prakash R. Badiger, learned counsel for respondent
No.5(a to d).


4. The main contention of learned counsel for the
petitioners is that her clients were not made parties to the
proceedings before the Assistant Commissioner. In their
absence, the Assistant Commissioner proceeded to direct
mutation of revenue entries in favour of respondent No.5.


5. It is seen that by the proceedings of the Deputy
Commissioner dated 03.09.1992, lands to the extent of
0.15 acres in Sy.No.152A and 1.85 acres in Sy.No.152C of
Tambrahalli Village had been acquired by the Government
for Ashraya Scheme. The acquisition is stated to be by
way of purchase and the sale consideration is stated to
have been paid by a Cheque dated 05.09.1992. The
petitioners and respondent No.5 herein seem to belong to
the same erstwhile joint family. The present controversy
has arisen because the lands in Sy.Nos.152A and 152C

- 5 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019


seem to have been sub-divided and sub-numbers have
been allotted.


6. Since at the time of purchase of the lands by
the Government in the year 1992, the lands were not sub-
divided, right now there seems to be a controversy as to
the portions of land in possession of the respective parties
inter se
because of their transactions.


7. That there had been a sub-division of the
survey numbers is noted by the Deputy Commissioner in
paragraph No.3 of his order at Annexure-C.


8. Since the petitioners herein were not made
parties to the proceedings before the Assistant
Commissioner, there is a valid justification to object to the
mutation of the lands in respect of respondent No.5.


9. Suffice it to state that this Court in writ
jurisdiction cannot go into the disputed questions of fact
as to the identity of the lands in question and the exact

- 6 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019


portions which fell to the shares of the parties. In this view
of the matter, it is just and necessary that the petitioners
are given an opportunity to participate in the proceedings.
In this background, the petition deserves to be allowed.
Resultantly, the following order is made:
ORDER

(i) The Writ Petition is allowed.


(ii) The order of the Tahasildar dated
ಸಂ/ಕಂ/ಅ ೕ/236/2008-
19.06.2009 in
09
at Annexure-B is set aside.


(iii) The order of the Deputy
Commissioner dated 27.08.2014 in
Appeal No.135/2009-10 at
Annexure-C is also set aside.


(iv) The matter is remitted to the
Assistant Commissioner, Ballari for
fresh consideration after issuing
due notice to all parties concerned
including the petitioners herein and

- 7 -
HC-KAR
NC: 2026:KHC-D:16806
WP No. 111745 of 2019


CNR: KAHC020017312019


decide the matter in accordance
with law.

No orders to costs.




Sd/-
(RAGHAVENDRA SEETHARAM SRIVATSA)
JUDGE


NAA
CT:SD
LIST NO.: 1 SL NO.: 38