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2026 Supreme(Online)(Kar) 7426

IN THE HIGH COURT OF KARNATAKA AT DHARWAD
K.S. Hemalekha, J
SMT RATNAVVA W/O GIRIMALLA MAGDUM – Appellant
Versus
THE DEPUTY TAHSILDAR – Respondent
WRIT PETITION NO. 100548 OF 2026|WRIT PETITION NO. 100547 OF 2026



Advocates:
For the Appellants/Petitioners: Vinay S. Koujalagi
For the Respondents: Nandini B. Somapur, N.Y. Dixit, Deepak S. Kulkarni

Mutation entries are maintained for fiscal purposes only and do not create or extinguish title rights; disputes regarding title and the validity of documents must be adjudicated by a competent Civil Court.

Headnote:The petitioners challenged mutation entries under Sections 123 and 129 of the Karnataka Land Revenue Act, 1966, alleging that entries based on a consent Wardi and a registered gift deed were fabricated and affected without proper notice. The petitioners contended that the property was joint family property and that revenue authorities exceeded their jurisdiction by adjudicating title issues. It was noted that a civil suit for partition, declaration, and separate possession is currently pending before a competent Civil Court. The primary issue was whether revenue authorities can conclusively decide title disputes during mutation proceedings. The court reasoned that mutation entries are maintained solely for fiscal purposes and do not create or extinguish title rights. It held that when serious disputes regarding the validity of documents and inter se rights arise, such matters must be adjudicated by a competent Civil Court upon appreciation of evidence. The writ petition is dismissed, and the mutation entries are held to be subject to the final outcome of the pending civil suit.

IN WP No. 100548/2026:

Digitally signed by MANJANNA E

Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

Date: 2026.02.21 11:31:21 +0530

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 WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 11.11.2025 PASSED IN NO. RB/RTA/21/2025-26 BY THE RESPONDENT NO.5 PRODUCED AT ANNEXURE-G IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

IN WP NO. 100547/2026:

BETWEEN:

1. SMT. RATNAVVA W/O. GIRIMALLA MAGDUM

AGE: MAJOR, OCC: HOUSEHOLD,

R/O. SHIRGUR, TQ: RAIBAG,

DIST: BELAGAVI-590001.

2. SMT. MALLAVVA W/O. SHIVAPPA BADAKURKI

AGE: MAJOR, OCC: HOUSEHOLD,

R/O. AALAPUR, TQ: RAMDURG,

DIST: BELAGAVI-590001.

...PETITIONERS

(BY SRI. VINAY S.KOUJALAGI, ADVOCATE)

AND:

1. THE DEPUTY TAHSILDAR

TAL: ATHANI, DIST: BELAGAVI-590001.

2. THE VILLAGE ACCOUNATNT

ATHANI, DIST: BELAGAVI-590001.

3. THE REVENUE INSPECTOR

ATHANI, DIST: BELAGAVI-590001.

4. THE ASSISTANT COMMISSIONER

CHIKKODI, DIST: BELAGAVI-590001.

5. THE DEPUTY COMMISSIONER

BELAGAVI-590001.

6. SMT. GURAVVA SIDDAPPA NAIK

AGE: 88 YEARS, OCC: HOUSEHOLD,

R/O. AGRANI-HOSATTI VILLAGE-591304,

TQ: ATHANI, DIST: BELAGAVI-590001.

7. SMT. SULAVVA W/O. SHIVAPPA PADASALAGI

AGE: 67 YEARS, OCC: HOUSEHOLD,

R/O. AGRANI-HOSATTI, TQ: ATHANI,

DIST: BELAGAVI-590001.

8. SHRI. MURGEPPA SHIVAPPA PADASALAGI

AGE: 38 YEARS, OCC: AGRICULTURE,

R/O. AGRANI-HOSATTI, TQ: ATHANI,

DIST: BELAGAVI-590001.

...RESPONDENTS

(BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R5;

SMT. N.Y.DIXIT, ADVOCATE FOR R6 AND R7;

SRI. DEEPAK S.KULKARNI, ADVOCATE FOR C/R8)

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 WRIT, ORDER OR DIRECTION AND QUASH THE ORDER DATED 11.11.2025 PASSED IN BEARING NO. RB/RTA/147/2024-25 BY THE RESPONDENT NO.5 PRODUCED AT ANNEXURE-F IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners have called in question the order dated 11.11.2025, passed by the Deputy Commissioner, whereby, the mutation entry in respect of the land bearing RS No.2043/1A measuring 3 acres 22 guntas situated at Athani village, Ramdurg Taluk was confirmed in favour of respondent No.8.

Since the facts, issue and reliefs sought in both the petitions are substantially identical, they are heard together and disposed of by the common order.

Brief facts

The undisputed facts are that the land in question originally stood in the name of Siddappa Siddalingappa Naik, who died intestate on 15.12.2003, the petitioners and the private respondents claim to be his legal heirs. It is the case of the petitioners that after the death of the propositus, mutation was effected in the year 2005-06 in favour of one Guravva the wife of late Siddappa Siddalingappa Naik based on a consent Wardi, which according to the petitioners is fabricated and affected without notice or enquiry. Subsequently, a registered gift deed dated 31.07.2020 was executed, pursuant to which, further mutation entries were made in favour of respondent No.8.

Aggrieved by the mutation entries, the petitioners filed appeal before the Assistant Commissioner, thereafter before the Deputy Commissioner. The revisional authority by the impugned order dated 11.11.2025 confirmed the mutation entry in favour of respondent No.8.

It is also not in dispute that the petitioners have instituted O.S No.528/2023 before the competent Civil Court seeking partition, declaration and separate possession and that the said suit is pending consideration.

Learned counsel for the petitioners

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