IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23^RD DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100516 OF 2025 (KLR-RES)

BETWEEN:

1. PARAGOUDA S/O. BASAPPA JAGADANNAVAR AGE. 55 YEARS, OCC. AGRICULTURE, R/O. KHILEGAON VILLAGE, TQ. ATHANI, DIST. BELAGAVI-590001.

2. BASAGOUDA S/O. SHIVAGOUDA JAGADANNAVAR AGE. 55 YEARS, OCC. AGRICULTURE, R/O. KHILEGAON VILLAGE, TQ. ATHANI, DIST. BELAGAVI-590001.

…PETITIONERS (BY SRI. S. B. MALLIGAWAD, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, BANGALORE.

GI RIJA A.

2. THE DEPUTY COMMISSIONER BYAHATTI DISTRICT BELAGAVI-590001.

D GI ig R i I t J a A ll y A . s i B g Y n A e H d A b T y TI

3. THE ASSISTANT COMMISSIONER Location: HIGH COURT TQ. CHIKKODI, DISTRICT. BELAGAVI -590001.

OF KARNATAKA DHARWAD BENCH Date: 2026.02.28 10:26:44 +0530

4. THE THASILDAR ATHANI, BELAGAVI DISTRICT-590001.

5. LAXMIBAI W/O. BASAVAPRABHU CHANNAGOUDA AGE. 45 YEARS, OCC. AGRICULTURE, R/O. NADI INGALAGA, TQ. ATHANI, DIST. BELAGAVI-590001.

…RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 AND R2;

SRI. SHEKHARGOUDA M. NAGANURI, ADVOCATE FOR C/R5;

NOTICE TO R3 AND R4 ARE SERVED)

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 QUASHING ORDER BEARING NO.RB/RTA/294/2023-24 DATED 07/01/2025 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-F; AND ETC.

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

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

ORAL ORDER

1. The petitioners have approached this Court challenging the order dated 07.01.2025 passed by the Deputy Commissioner, Belagavi, whereby the Revisional Authority, in exercise of the powers under Section 136(3) of the Karnataka Land Revenue Act, 1964 (‘the Act’, for short), has set aside the concurrent orders of the Tahsildar and the Assistant Commissioner and remanded the matter for fresh consideration.

2. Brief facts:

2.1. The petitioners claim to be the owners in possession of the land bearing R.S.No.130 measuring 11 acres 4 guntas out of 16 acres 26 guntas situated at Khilegaon Village, Athani Taluk, Belagavi District, by virtue of the registered sale deeds dated 20.04.1921, 17.04.1926 and 15.04.1944.

2.2. It is the case of the petitioners that respondent No.5 has no right, title or interest over the subject property. The predecessor of respondent No.5 instituted Civil Suit in O.S. No.902 of 2007 (for declaration and injunction) and O.S. No.786 of 2009 (for partition and separate possession) before the Civil Court at Athani. Both the suits came to be dismissed and the judgments have attained finality.

2.3. In view of the dismissal of the civil suits, to remove the alleged erroneous entry standing in the name of the predecessor of respondent No.5, the petitioners approached the Tahsildar seeking rectification of the RTC.

2.4. The Tahsildar, by order dated 01.02.2023 (Annexure-D), allowed the application and directed correction of the revenue records.

2.5. Aggrieved, respondent No.5 preferred an appeal before the Assistant Commissioner in R.A. No. 62 of 2023. The Assistant Commissioner, by order dated 20.10.2023, dismissed the appeal and confirmed the order of the Tahsildar.

2.6. Therefore, respondent No.5 preferred a revision before the Deputy Commissioner under Section 136(3) of the Act. The Deputy Commissioner, by order dated 07.01.2025, allowed the revision and remanded the matter to the Tahsildar, which is impugned in the present writ petition.

3. Learned counsel appearing for the petitioners submits that the Deputy Commissioner has exceeded the scope of revisional jurisdiction under Section 136(3) of the Act by re-appreciating issues relating to title. The Civil Court having dismissed the suit filed by the predecessor of respondent No.5, the dispute stood concluded and the revenue authorities cannot reopen the same. The mutation entries are only fiscal in nature and cannot