IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108810 OF 2025 (KLR-RES)

BETWEEN:

1. RAMESH S/O DUNDAPPA IRAGAR, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. NAGANUR P.K., TQ. ATHANI, DIST. BELAGAVI-591 240.

2. SANJAY S/O DUNDAPPA IRAGAR, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. NAGANUR P.K., TQ. ATHANI, DIST. BELAGAVI-591 240.

3. SADASHIV S/O MALLAPPA BIRADAR, AGE. 24 YEARS, OCC. AGRICULTURE, R/O. NAGANUR P.K., TQ. ATHANI, DIST. BELAGAVI-591 240.

4. SMT. SUMITRA W/O MALLAPPA BIRADAR, Digitally signed by AGE. 51 YEARS, OCC. AGRICULTURE, CHANDRASHEKAR LAXMAN R/O. BADAGI, TQ. ATHANI, KATTIMANI DIST. BELAGAVI-591 248.

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH 5. SMT. REKHA W/O SURESH MADAR, Date: 2025.12.05

10:52:32 +0530 AGE. 41 YEARS, OCC. AGRICULTURE, R/O. NAGANUR P.K., TQ. ATHANI, DIST. BELAGAVI-591 240.

6. SMT. SHOBHA W/O SADASHIV MADAR, AGE. 42 YEARS, OCC. AGRICULTURE, R/O. NAGANUR P.K., TQ. ATHANI, DIST. BELAGAVI-591 240.

… PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU-01.

2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI, DIST. BELAGAVI-590 001.

3. THE TAHASHILDAR, MINI VIDHAN SOUDHA, ATHANI, DIST. BELAGAVI-591 304.

4. THE REVENUE INSPECTOR, TELSANG, TQ. ATHANI, DIST. BELAGAVI-591 265. 5. MAHADEV BIJJARAGI, AGE. MAJOR, OCC. AGRICULTURE, R/O. BADAGI, TQ. ATHANI, DIST. BELAGAVI-591 248.

6. SIDDAPPA NYAMAGOUDA, AGE. MAJOR, OCC. AGRICULTURE, R/O. BADAGI, TQ. ATHANI, DIST. BELAGAVI-591 248.

… RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF QUASH THE ENDORSEMENT DATED 12.09.2025 VIDE BEARING NO. LND/RASTE/VIDA-87/2025-26 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-G AND CONSEQUENTLY DIRECT THE RESPONDENT NO.3 TO FACILITATE THE USAGE OF PATH WAY IN R.S. NO.73/1 AND 66/8 OF BADAGI VILLAGE IN ATHANI TALUKA OF BELAGAVI DISTRICT BY PETITIONERS BY REMOVING THE OBSTRUCTION IN ACCORDANCE WITH NOTIFICATION DATED 20.10.2023 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY.

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

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India assailing the endorsement marked at Annexure-G dated 12.09.2025, issued by respondent No.3- Tahsildar, on the premise that the said endorsement at Annexure-G is contrary to the circular dated 20.10.2023 issued by the Government.

2. The petitioners claim that they have a right of way over R.S.Nos.66/8 and 73/1 of Badagi village, Athani taluk, Belagavi district, to reach their land bearing Sy.No.72 in the same village. The petition is filed assailing the Annexure-G dated 12.09.2025, the endorsement issued by respondent No.3-Tahsildar, who has opined that no such road, as claimed by the petitioners, is in existence, and has further held that in case any road exists or if the petitioners have any claim of easement, then petitioners may approach the Competent Civil Court.

3. Learned counsel appearing for the petitioners would submit that the endorsement at Annexure-G is contrary to the Government circular marked at Annexure-F.

4. In the Government circular dated 20.10.2023, it is stated that under Rule 59 of the Karnataka Land Revenue Rules, 1966, For short, ‘K.L.R. Rules’, the admitted easements or rights agreed upon between the parties shall be noted in the Record of Rights Register in “Other Rights” column. The said circular also refers to the provisions of the Indian Easements Act, 1882, For short, ‘Act of 1882’, and the provisions of the Code of Criminal Procedure, 1973, For short, ‘Cr.P.C.’, namely Section 147 of the Cr.P.C., stating that in case of any obstruction in the use of such right, the Ta