IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7^TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 84429 OF 2013 (KLR-RR/SUR)

BETWEEN:

DEVENDRA S/O. MAJUN @ MANJUNATH NAIK AGED ABOUT: 43 YEARS, OCC: AGRICULTURIST, R/O. SHARADAHOLE SHIRALI-I, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA, BY HIS GPA HOLDER MUKUND, S/O. MANJU @ MAJUNATH NAIK, AGED ABOUT: 41 YEARS, OCC: AGRICULTURIST, R/O. SHARADAHOLE, SHIRALI-I, BHATKAL, TQ: BHATKAL, DIST: UTTARA KANNADA.

…PETITIONER (BY SRI. P.VADIRAJ, ADVOCATE)

MANJANNA E AND:

Digitally signed by MANJANNA E Location: HIGH COURT OF 1. THE STATE OF KARNATAKA KARNATAKA DHARWAD BENCH Date: 2026.01.24 11:28:24 BY ITS PRINCIPAL SECRETARY, +0530 DEPARTMENT OF REVENUE, VIKASA SOUDHA, BANGALORE-01.

2. THE DEPUTY DIRECTOR OF LAND RECORD, KARWAR.

3. THE TAHASILDAR BHATKAL, OFFICE OF THE TAHASILDAR, BHATKAL, DIST: UTTARA KANNADA. 4. NAGAPPA S/O. TIMMAYYA NAIK AGE: MAJOR, OCC: AGRICULTURIST, R/O. KEREGADDEMANE, MUDSHIRALI, POST: BENGERE-II, TQ: BHATKAL, DIST: UTTARA KANNADA.

5. MANJUNATH S/O. SANNATAMMA NAIK AGE: MAJOR, OCC: AGRICULTURIST, R/O. KEREGADDEMANE, MUDSHIRALI, POST: BENGRE-II, TQ: BHATKAL, DIST: UTTAR KANNADA.

6. THE DEPUTY COMMISSIONER, KARWAR, UTTARA KANNADA.

…RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 TO R3 AND R6;

SRI. VEERANAGOUDA B.PATIL, ADVOCATE FOR SRI. V.P.KULKARNI, ADVOCATE FOR R4 AND R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA FOR PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR/RESP.NO.6 HEREIN IN NO.RB/TECH APPEAL/CR-5/09-10, DATED

07/10/2013 VIDE ANNEXURE-H AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioner has approached this Court calling in question the order dated 07.10.2013 passed by the Deputy Commissioner, Uttarakannada, Karwar (respondent No.6) in RB/Tech Appeal/CR-5/09-10 [Annexure-H], whereby the Tahsildar of Bhatkal was directed to conduct a fresh survey and durasti in respect of Sy.No.1070/A1 of Bengre-II village of Bhatkal Taluk.

2. Heard the learned counsel appearing for the petitioner, learned Additional Government Advocate for respondent Nos.1 to 3 and 6 and the learned counsel appearing for respondent Nos.4 and 5 and perused the material on record.

3. Brief facts An extent of 3 acres 16 guntas of the forest land in Sy.

No.1070 of Bengre-II village was granted to one Timmayya Nagappa Naik by the Deputy Commissioner, Karwar. Upon his death, the petitioner sought mutation of his name in the revenue records. After durasti and phodi, the granted land came to be assigned Sy. No.1070/A1.

4. The Tahsildar’s report initially indicated that Sy.No.1070/A1 was adjoining Sy.No.898 on the southern side. Subsequently an endorsement was issued stating that the land was adjoining Sy. No.1070 instead of Sy. No.898 which led to the dispute. The respondent Nos.4 and 5 being the sons of the original grantee, instituted OS No.29/2005 seeking cancellation of a will and declaration. The petitioner instituted OS No.91/2007 against respondent Nos.4 and 5 seeking declaration and injunction in respect of Sy.

No.1070/A1.

5. In OS No.91/2007, a Court Commissioner was appointed, a spot inspection was conducted by the Taluka Surveyor, and a detailed sketch and report were submitted. The Trial Court, by the judgment dated 13.09.2012, though declined declaration of title, granted permanent injunction holding that the location and boundaries of Sy. No.1070/A1 were established, and specifically recorded that the southern side is Sy. No.898. The judgment has attained finality.

6. Learned counsel appearing for the petitioner contends that the petitioner is in peaceful possession and enjoyment of land bearing Sy. No.1070/A1 measuring 3 acres 16 guntas and that the southern boundary of the said land is Sy. No.898. It is submitted that the very issue rela