IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100871 OF 2017 (LR)

BETWEEN:

SRI. SHAMBU SUBRAY BHAT, AGE: 37 YEARS, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA.

… PETITIONER (BY SRI. J.S. SHETTY, ADVOCATE)

AND:

1. SRI. CHINTAMANI GANESH HEGDE, AGE: MAJOR, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA. NARAYAN SUBBA HEGDE, SINCE DECEASED BY HIS LR’S., CHANDRASHEKAR L K A A X T M TI A M N ANI 2. SRI. SUBBA NARAYAN HEGDE, DCKAHig TAit TNa I l MDyRA sAN igSI nHeEdK bAyR LAXMAN AGE. MAJOR, R/O. BASAVENBETTA, LKD+ oaa0 crt5ena 3: ta 0 i 2toa0 nk2 :a 5 H, .D1 ig 1hh .a2 Cr7wo 1 ua2 rdt : 5 Bo 4ef :n3c5h UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA.

3. SRI. BELLI KOM GAJANAN HEGDE, AGE: 71 YEARS, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA.

4. SRI. SHIVRAM GAJANAN HEGDE, AGE: 46 YEARS, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA.

5. SRI. SUBRAMANYA GAJANAN HEGDE, AGE: 44 YEARS, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR DIST. UTTARA KANNADA.

6. SRI. ISHWAR PARAMESHWAR HEGDE, AGE: 51 YEARS, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA.

7. SRI. SUBRAY SHAMBU BHAT, AGE: 66 YEARS, R/O. BASAVENBETTA, UPPONI, TQ. HONNAVAR, DIST. UTTARA KANNADA.

8. THE TAHASILDAR HONNAVAR, DIST. UTTARA KANNADA.

9. THE ASSISTANT DIRECTOR OF LAND RECORDS, KUMTA, DIST. UTTARA KANNADA.

10. THE DEPUTY DIRECTOR OF LAND RECORDS, TQ. HONNAVAR, DIST. UTTARA KANNADA.

11. THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR.

… RESPONDENTS (BY SRI. SURESH S. BHAT, ADVOCATE R1 TO R6;

SMT. MALA B. BHUTE, AGA FOR R8 TO 11;

NOTICE TO R7 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION TO QUASH THE ORDER NO. kam / Tam / Bhumapana / Bhudauni / Melmanavi 24/15-16, DATED 07.01.2016 THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AND MARKED AS ANNEXURE-A AND ALSO THE ORDER DATED 16.01.2017 IN ORDER NO.RB/TECH APPEAL/CR-12/15-16 AS PER ANNEXURE-B.

THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

This petition is filed assailing the order dated 07.01.2016 passed by respondent No.10 and also the order dated 16.01.2017 passed by Deputy Commissioner, Karwar, who is now arrayed as respondent No.11 as the Court permitted the counsel for the petitioner to implead Deputy Commissioner, Karwar as respondent No.11.

2. Learned Government Advocate accepts notice for respondent No.11.

3. The Deputy Commissioner in terms of the Order dated 16.01.2017 has confirmed the order passed by the Deputy Director of Land Records on 07.01.2016.

4. The order at Annexure-A, dated 07.01.2016 is filed on an appeal under Section 49 of the Karnataka Land Revenue Act, 1964 (for short ‘Act, 1964’). The said appeal is filed by respondent No.1 of this petition. Respondent No.1 has questioned the sub-division of the property bearing Surrey No.109/1 of Upponi village, Taluk: Honnavar.

5. The Deputy Director of Land Records in terms of the order dated 07.01.2016 has cancelled the sub-division order No.PODI.VIVA/139/2004-05 and the order of the Assistant Director of Land Records in proceeding number HNR/MPR/144/04-05 sub-dividing the property bearing Survey No.109 into 6 sub-divisions. The Assistant Director of Land Records was directed to initiate fresh proceeding for sub-division of the property.

6. The petitioner filed the appeal before the Deputy Commissioner, Karwar and in terms of impugned order dated

16.01.2017, said appeal is dismissed.

7. It is observed by the Deputy Commissioner that O.S.

No.7/2016 is pending before the Civil Judge, Honnavar.

8. Learned counsel appearing for the petitioner would submit that appeal before the Deputy Director of Land Records was entertained after 12 years without there being any application for condonation of del