SHRI. NINGAPPA vs THE DEPUTY COMMISSIONER BELAGAVI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 5 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 101726 OF 2026 (KLR-RR/SUR)
C/W
WRIT PETITION NO. 101782 OF 2026 (KLR-RR/SUR)
IN WP NO. 101726/2026
BETWEEN:
1. SHRI. NINGAPPA S/O. KALLAPPA HANCHINAL,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DISTRICT: BELAGAVI-591224.
2. SMT. RAJASHREE W/O. SANJU HANCHINAL,
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DISTRICT: BELAGAVI-591224.
3. SMT. SHOBHA W/O. ISHWAR HUKKERI,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DISTRICT: BELAGAVI-591224.
…PETITIONERS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
Digitally
signed by
SAROJA
HANGARAKI
Location: high
court of
karnataka,
dharwad bench
1. THE DEPUTY COMMISSIONER, BELAGAVI,
BELAGAVI DISTRICT, BELAGAVI-590002.
2. THE ASSISTANT COMMISSIONER, BAILHONGAL,
SUB-DIVISION, BAILHONGAL,
DISTRICT: BELAGAVI-591201.
3. THE TAHASILDAR, MUDALGI,
TALUKA: MUDALGI,
DISTRICT: BELAGAVI-591307.
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
4. SMT. ANNAVVA W/O. LATE MARUTI HANCHINAL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DISTRICT: BELAGAVI-591224.
5. SHRI. BHIMASHI S/O. LATE MARUTI HANCHINAL,
AGE: 26 YEARS, OCC: AGRICULTURE,
TH
R/O. 5 WARD, HANJI ONI, KALLOLLI VILLAGE,
TALUKA: MUDALGI, DISTRICT: BELAGAVI-591224.
6. SHRI. RAJIV S/O. LATE MARUTI HANCHINAL,
AGE: 23 YEARS, OCC: AGRICULTURE,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DISTRICT: BELAGAVI-591224.
7. SMT. AKSHATA W/O. PRABHU HUKKERI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
TH
R/O. 5 WARD, HANJI ONI, KALLOLLI VILLAGE,
TALUKA: MUDALGI, DISTRICT: BELAGAVI-591224.
8. SHRI. SANJU S/O. KALLAPPA HANCHINAL,
AGE: 25 YEARS, OCC: AGRICULTURE,
TH
R/O. 5 WARD, HANJI ONI, KALLOLLI VILLAGE,
TALUKA: MUDALGI, DISTRICT: BELAGAVI-591224.
…RESPONDENTS
(BY SRI. PRASHANT V. MOGALI, HCGP FOR R1 AND R3;
SRI. SANTOSH B. MALLIGAWAD, ADVOCATE FOR R4 AND R5;
NOTICE TO R2, R6 AND R7 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY
QUASHING THE IMPUGNED ORDER DATED 08-01-2026 IN
RB/RTA/49/2024-25 AS PASSED BY THE RESPONDENT NO.1 DEPUTY
COMMISSIONER, BELAGAVI AS PER ANNEXURE-N HEREIN AND THE
CONSEQUENTIALLY RESTORING THE MUTATION ENTRY NO.H-
81/2018-19 AS PER ANNEXURE-E IN RESPECT OF THE AGRICULTURE
LAND BEARING R.S. NO.424/3A 3C/1 MEASURING TO THE EXTENT
OF 1 ACRE 23 GUNTAS SITUATED AT KALLOLLI VILLAGE OF
MUDALGI TALUKA IN BELAGAVI DISTRICT, ONLY IN FAVOUR OF
PETITIONERS, BY ALLOWING THIS WRIT PETITION, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
IN WP NO. 101782/2026
BETWEEN:
1. SHRI. NINGAPPA S/O. KALLAPPA HANCHINAL,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DIST: BELAGAVI-591224.
2. SMT. RAJASHREE W/O. SANJU HANCHINAL,
AGE: 37 YEARS, OCC: HOUSEHOLD WORK,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DIST: BELAGAVI-591224.
3. SMT. SHOBHA W/O. ISHWAR HUKKERI,
AGE: 53 YEARS, OCC: HOUSEHOLD WORK,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DIST: BELAGAVI-591224.
...PETITIONERS
(BY SRI. SANJAY S. KATAGERI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER, BELAGAVI
BELAGAVI DISTRICT, BELAGAVI-590002.
2. THE ASSISTANT COMMISSIONER, BAILHONGAL,
SUB-DIVISION, BAILHONGAL,
DIST: BELAGAVI-591201.
3. THE TAHASILDAR, MUDALGI,
TALUKA: MUDALGI,
DIST: BELAGAVI-591307.
4. SMT. ANNAVVA W/O. LATE MARUTI HANCHINAL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DIST: BELAGAVI-591224.
5. SHRI. BHIMASHI S/O. LATE MARUTI HANCHINAL,
AGE: 26 YEARS, OCC: AGRICULTURE,
TH
R/O. 5 WARD, HANJI ONI, KALLOLLI VILLAGE,
TALUKA: MUDALGI, DIST: BAGALKOT-591224.
6. SHRI. RAJIV S/O. LATE MARUTI HANCHINAL,
AGE: 23 YEARS, OCC: AGRICULTURE,
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
R/O. KALLOLLI VILLAGE, TALUKA: MUDALGI,
DIST: BAGALKOT-591224.
7. SMT. AKSHATA W/O. PRABHU HUKKERI,
AGE: 28 YEARS, OCC: HOUSEHOLD WORK,
TH
R/O. 5 WARD, HANJI ONI, KALLOLLI VILLAGE,
TALUKA: MUDALGI, DIST: BAGALKOT-591224.
8. SHRI. SANJU S/O. KALLAPPA HANCHINAL,
AGE: 25 YEARS, OCC: AGRICULTURE,
TH
R/O. 5 WARD, HANJI ONI, KALLOLLI VILLAGE,
TALUKA: MUDALGI, DIST: BAGALKOT-591224.
...RESPONDENTS
(BY SRI. PRASHANT V. MOGALI, HCGP FOR R1 TO R3;
SRI. SANTOSH B. MALLIGAWAD, ADVOCATE FOR R4 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY
QUASHING THE IMPUGNED ORDER DATED. 08-01-2026 IN
RB/RTA/50/2024-25 AS PASSED BY THE RESPONDENT NO.1 -
DEPUTY COMMISSIONER, BELAGAVI AS PER ANNEXURE-N HEREIN
AND THE IMPUGNED ORDER DATED. 18-08-2020 IN RTS/SR-
32/2020-21 AS PASSED BY THE RESPONDENT NO.3 TAHASILDAR,
MUDALGI AS PER ANNEXURE-F IN RESPECT OF R.S.
NO.424/3A+3C/1 MEASURING TO THE EXTENT OF 1 ACRE 23
GUNTAS SITUATED KALLOLLI VILLAGE OF ARABHAVI HOBALI IN
MUDALGI TALUKA OF BELAGAVI DISTRICT, BY ALLOWING THIS
WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.
THESE WRIT PETITIONS COMING ON ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
ORAL ORDER
1. The dispute in the present petition is with regard to an
extent of 1 acre 23 guntas of land and a house property,
which originally belonged to Gangawwa , the mother of
petitioner Nos.1 to 3 herein and grandmother of
respondent Nos.5 to 7.
2. The case of the petitioner is that the said land originally
belonged to one Bhimappa Mallappa Kankanwadi, who
passed away by executing a Will dated 02.07.1992, as per
Annexure-A bequeathing his estate in favour of his four
daughters, namely Sattewwa, Gangawwa, Mallawwa and
Mahadevi. Under the said Will dated 02.07.1992,
Gangawwa had thus acquired the said land measuring 1
acre 23 guntas in R. S. No.424/3A+3C/1.
3. Based on the said Will, Gangawwa sought mutation of her
name in the revenue records. Her name was accordingly
mutated and reflected in the revenue records on the basis
of the Will dated 02.07.1992.
4. The said Gangawwa in turn passed away on 28.12.2018.
During her lifetime, she had executed a Will dated
28.09.2018 bequeathing the aforesaid extent of 1 acre 23
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
guntas of land and the house property in favour of the
petitioners herein. The petitioners thereafter applied for
mutation of their names based on the said Will executed
by Gangawwa. Respondent No.3-Tahsildar initially effected
mutation of the names of the petitioners, which was
questioned by respondent Nos.5 to 8. The authorities
initially declined to act upon the Will and directed the
petitioners to obtain probate.
5. Accordingly, the petitioners initiated proceedings in P & SC
No.19/2020, which came to be allowed by order dated
16.02.2021. Based on the said order of probate, the
petitioners again approached respondent No.3, who
effected mutation of their names in the revenue records.
In the meanwhile, upon rejection of the application, the
petitioners preferred an appeal before the Assistant
Commissioner, who, upon production of the order dated
16.02.2021 passed in P & SC No.19/2020, directed
mutation of the names of the petitioners.
6. Respondents questioned the order passed in P & SC
No.19/2020 by filing a Miscellaneous First Appeal in MFA
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HC-KAR
NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
No.102111/2024, which came to be disposed of on
20.03.2025, reserving liberty to the respondents herein to
approach the Probate Court in P & SC No.19/2020 under
Section 263 of the Indian Succession Act, seeking
revocation of the probate. While disposing of the said
appeal, this Court also directed that the operation of the
order passed in P & SC No.19/2020 be stayed.
7. Respondents thereafter preferred a revision petition before
the Deputy Commissioner challenging the order passed by
the Assistant Commissioner. The Deputy Commissioner, by
the impugned order at Annexure-N, has directed
cancellation of the mutation entries standing in the names
of the petitioners. Aggrieved by the same, the present
petition.
8. Learned counsel for the petitioners submits that the
subject land, which was bequeathed in favour of
Gangawwa by her father, Bhimappa Mallappa Kankanwadi,
in terms of Will dated 02.07.1992, is her absolute property
and in exercise of the rights as contained under Section 14
of the Hindu Succession Act, she had executed the Will
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NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
bequeathing the said property in favour of the petitioners.
Therefore, respondents No.4 to 7 have no right, title or
interest over the said property. Thus, he submits that the
Deputy Commissioner has failed to appreciate this aspect
while directing revocation of the mutated entries.
9. On a query by this Court, learned counsel submits that
upon the liberty reserved by this Court in MFA
No. 102111/2024 , the respondent Nos.4 to 7 have filed an
application seeking revocation of the probate in P & SC
No.19/2020 and which is still pending consideration.
10. Deputy Commissioner in the impugned order, has
observed that continuation of the names of the petitioners
would be subject to outcome of the said proceedings in P &
SC No.19/2020.
11. In that view of the matter and having regard to the fact
that the challenge to the grant of probate mounted by
respondent Nos.4 to 7 is still pending consideration, it is
appropriate that name of Gangawwa, through and under
whom the petitioners claim right, title and interest over the
property shall be continued in the revenue records until
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NC: 2026:KHC-D:16497
WP No. 101726 of 2026
C/W WP No. 101782 of 2026
CNR: KAHC020033812026
disposal of the proceedings in P & SC No.19/2020, wherein
the rights of the parties in terms of the Will would be
determined. No error or irregularity can be found with the
order passed by the Deputy Commissioner.
12. Writ Petition No.101782/2026 is filed seeking restoration
of mutation entries only in the names of the petitioners. In
view of the aforesaid order, the challenge to the survival
certificate issued would also not arise. The rights of the
parties, if any, would be subject to the outcome of the
proceedings in P & SC No.19/2020.
13. Accordingly, Writ Petition Nos.101726/2026 as well as
101782/2026 are also disposed of .
Sd/-
(M.G.S. KAMAL)
JUDGE
RHR/-CT:CMU
LIST NO.: 1 SL NO.: 40