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2026 Supreme(Online)(Kar) 6354

THE HIGH COURT OF KARNATAKA
K.S.HEMALEKHA
REHANA W/O. MOKASHI KHAN – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 107879/2016



IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107879 OF 2016 (KLR-RR/SUR)

BETWEEN:

REHANA W/O. MOKASHI KHAN AGE. 84 YEARS, OCC. HOUSEHOLD, R/O. ASHOK NAGAR, BELAGAVI, DIST. BELAGAVI-590001.

…PETITIONER (BY SRI. RAMESH I ZIRALI, ADVOCATE)

AND:

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

2. THE JOINT DIRECTOR OF LAND CITY SURVEY NORTH ZONE, BELGAVI, DIST. BELAGAVI – 590001.

3. THE DEPUTY DIRECTOR OF LAND RECORDS BELAGAVI, DIST. BELAGAVI – 590001.

MA NJANNA E 4. THE ASSISTANT DIRECTOR OF LAND RECORDS CITY SURVEY, BELAGAVI, DIST. BELAGAVI-590001.

Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA 5. ABDULKARIM S/O. ABDUL SATTAR BHALDAR DHARWAD BENCH Date: 2026.02.18 AGE. MAJOR, R/O. CTS NO.5867, 10:31:27 +0530 MALMARUTI, MAHANTESH NAGAR, BELAGAVI, DIST. BELAGAVI – 590001.

6. SATTEPPA S/O. RAYAPPA MEDAR AGE. MAJOR, OCC. AGRICULTURE, R/O. DADDI, TQ. HUKKERI - 591309, DIST. BELAGAVI. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R4;

NOTICE TO R5 IS DISPENSED WITH VIDE ORDER DATED 11.02.2026;

NOTICE TO R6 IS SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.07.2016 PASSED IN REV/SR-22/2015-16 BY 2ND RESPONDENT VIDE ANNEXURE-F TO MEET THE ENDS OF JUSTICE AND EQUITY; AND ETC.

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

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioner has called in question the order dated

21.07.2016, passed by respondent No.2-Joint Director of Land City Survey North Zone, Belagavi (Joint Director) in R.P.No.REV/SR-22/2015-16 (Annexure-F), whereby, the revision petition filed by the private respondents has been allowed and the earlier order of mutation in favour of the petitioner has been set aside.

Brief facts:

2. The property in question is Plot No.858, bearing CTS No.5868 measuring 30x40 feet situated at Vantmuri Colony, Belagavi. The said plot was originally allotted in favour of Parvayya Kallayya Pujari in the year 1982. The petitioner purchased the property under a registered sale deed dated 12.02.2013. After purchase, the petitioner found that name of respondent No.4 was wrongly entered in the CTS record. The petitioner preferred an appeal before the Deputy Director of Land Records in CTS Appeal No.44/2012-13. By order dated 18.11.2013, the Deputy Director allowed the appeal and directed deletion of name of respondent No.4 and mutation of the petitioner's name in the revenue records. Subsequently, respondent Nos.4 and 5 filed a revision petition before the Joint Director in R.P.No.REV/SR-22/2015-16. By the impugned order dated 21.07.2016 (Annexure-F), the Joint Director allowed the revision and set aside the order of the Deputy Director. Aggrieved by the same, the petitioner has approached this Court.

3. Learned counsel for the petitioner submits that the impugned order suffers from serious material irregularity and is contrary to Sections 128 and 129 of the Karnataka Land Revenue Act, 1961 (‘Act’ for short). It is submitted that respondent No.2 exceeded jurisdiction by examining the validity of the allotment and sale deed, which falls exclusively within the domain of the competent Civil Court. It is submitted that the revenue authorities are bound to effect mutation entry based on a registered sale deed, subject to outcome of the civil proceedings, if any.

4. The impugned order has been passed in violation of the principles of natural justice and without proper appreciation of the title documents. The Joint Director has virtually adjudicated title in summary revision proceedings, which is impermissible in law.

5. The private respondents though have been served with a notice, they have chosen to remain absent.

6. This Court has carefully considered the rival submissions and perused the material on record.

7. The scope of mutation

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