Writ Petition No. 16977 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20732 WP No. 16977 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16977 OF 2025 (KLR-RES) BETWEEN: 1. SMT. M. G. SEETHAVVA, AGED 54 YEARS, W/O. LATE M.K. GANAPATHI, R/A KADAGADALU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.-571201. 2. SRI M.M. JAGADEESH, AGED 60 YEARS, S/O. LATE. MACHAIAH, R/A KADAGADALU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.-571201.
Legal Reasoning
3. SMT. M.G. LEELAVATHI, D/O. LATE. M.K. GANAPATHI, AGED 52 YEARS R/A KADAGADALU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.-571201. 4. SMT. M.G. VARIJAKSHI, D/O LATE. M.K. GANAPATHI, AGED 50 YEARS, R/A KADAGADALU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.-571201. 5. SMT. M.G. DECHAMMA, D/O. LATE. M.K. GANAPATHI, AGED 48 YEARS R/A KADAGADALU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.-571201. WORKING ON CONTRACT BASIS IN THE OFFICE OF THE ASSISTANT COMMISSIONER MADIKERI, KODAGU DISTRICT. - 571201. (BY SRI. BHEEMAIAH K.S., ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:20732 WP No. 16977 of 2025 HC-KAR AND: 1. THE DEPUTY COMMISSIONER MADIKERI, KODAGU DISTRICT. - 571201. 2. THE ASSISTANT COMMISSIONER, MADIKERI, KODAGU DISTRICT.- 571201. 3. TAHSILDAR, MADIKERI, KODAGU DISTRICT. - 571201. 4. SRI. M.K. MONNAPPA, S/O. LATE. KARIAPPA, AGED ABOUT 79 YEARS R/A KADAGADALU VILLAGE, MADIKERI TALUK, KODAGU DISTRICT.-571201. …RESPONDENTS (BY SRI SIDDHARTH BABURAO, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT CERTIORARI AND TO QUASH ORDER DATED 08.04.2025, PASSED BY THE RESPONDENT NO.1 AUTHORITY HEREIN IN R.P.NO.64/2024, WHICH IS AT ANNEXURE-R TO THIS WRIT PETITION. B) ISSUE A WRIT CERTIORARI AND TO QUASH THE MUTATION ENTRIES CARRIED OUT BY THE RESPONDENT NO.3 HEREIN BY REMOVING THE NAMES OF THE PETITIONS HEREIN, ON 08.04.2025, ITSELF, IN RESPECT OF THE PROPERTY BEARING SY.NOS.100/2 AND 100/5, WHICH ARE AT ANNEXURES-S AND T. C) ISSUE A WRIT IN THE NATURE OF WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT NO.3 AUTHORITY TO CARRY OUT MUTATION ENTRIES IN THE NAMES OF THE PETITIONERS IN RESPECT OF THE PROPERTIES IN SY.NOS.100/2 MEASURING 0.21.5 CENTS AND IN SY.NO.100/5, MEASURING 1.00 ACRE AS PER THE PARTITION DEED DATED 14.05.2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH - 3 - NC: 2025:KHC:20732 WP No. 16977 of 2025 HC-KAR ORAL ORDER In this writ petition, petitioners are assailing the order dated 08.04.2025 in R.P.No.64/2024 (Annexure-R) passed by the respondent No.1, remanding the matter to respondent No.3 to re-hear the matter afresh after affording opportunities to all the parties concerned and to take decision in the matter. The petitioners have also challenged the mutation entries made by the respondent No.3 as per Annexures-S and T. 2. It is the case of the petitioners that, the petitioners and the respondent No.4 are the members of Mukkattira family and the said family had vast land in Kadagadalu Village, Madikeri Taluk, Kodagu District. It is also stated in the writ petition that, there was a partition between the respondent No.4 and his brother (M.K. Ganapathi), the husband of the petitioner No.1 as per Annexure-A. It is also stated in the writ petition that, the respondent No.3 at the behest of respondent No.4 has changed the mutation as per Annexures-S and T in respect of the subject matter of the land and being aggrieved by the same, the petitioners have approached the respondent No.2 in R.ANo.105/2024-25 and the respondent No.2 by order dated 26.09.2024 (Annexure-N) directed the respondent No.3 - 4 - NC: 2025:KHC:20732 WP No. 16977 of 2025 HC-KAR to maintain status-quo in respect of the entries made in the revenue records. Feeling aggrieved by the same, the respondent No.4 has preferred R.P.No.64/2024 before the respondent No.1 and the respondent No.1 vide order dated 08.04.2025 (Annexure-R), allowed the revision petition and remanded the matter to respondent No.3 herein to do re-hear and to take decision in the matter within three months. Being aggrieved by the same, the petitioners has presented this writ petition. 4. Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the respondents - State. 5. It is contended by the learned counsel appearing for the petitioners that, the petitioners and the respondent No.4 are claiming right in respect of the subject land as per the Partition Deed dated 14.05.1985 and the mutation register and RTC extracts were made in favour of the petitioners in respect of their shares as per Annexure-A, however, respondent No.4 has instigated the respondent No.3 to change the mutation entries as per Annexures-S and T and therefore, it is contended by the learned counsel appearing for the petitioners that, the - 5 - NC: 2025:KHC:20732 WP No. 16977 of 2025 HC-KAR impugned order passed by the respondent No.1 requires to be set-aside in this writ petition. Accordingly, sought for interference of this Court. 6. Per-contra, Sri. Siddharth Babu Rao, learned Additional Government Advocate appearing for the respondents - State submitted that, the respondent No.1 has remanded the matter to respondent No.3 for fresh consideration after affording opportunity to all the parties concerned and therefore, no interference is called for in this writ petition. 7. Having taken note of the submission made by the learned counsel appearing for the parties, it is not in dispute that the husband of the petitioner No.1 and the respondent No.4 are the brothers and are residing at Kadagadalu Village, Madikeri Taluk, Kodagu District. The petitioners and the respondent No.4 are claiming right in respect of the subject land as per the Partition Deed dated 14.05.1985 (Annexure-A). The respondent No.3 has modified the mutation as per Annexures-S and T and same was contested by the petitioners before respondent No.2 in R.A.No.105/2024-25 (Annexure-N), wherein the respondent No.2 has passed an order to maintain status-quo in respect of the subject land since the civil rights of - 6 - NC: 2025:KHC:20732 WP No. 16977 of 2025 HC-KAR the parties has to be adjudicated, based on the Partition Deed dated 14.05.1985. The respondent No.4, being aggrieved by the order passed in R.A.No.105/2024-25 at Annexure-N, filed R.P.No.64/2024 and the respondent No.1 by order dated 08.04.2025, remanded the matter to the respondent No.3 to reconsider the matter afresh after affording opportunity to all the parties with regard to, enter the name of the petitioners and respondent No.4 in terms of the Partition Deed dated 14.05.1985 (Annexure-A). 8. In that view of the matter, since the respondent No.1 has remitted the matter to respondent No.3 to re-consider the matter afresh and therefore, I am of the view that, the scope of interference under Article 226 and 227 of Constitution of India is limited in respect of the order of remand that has been made by the quasi-judicial authority and in that view of the matter, I do not find any merits in the writ petition. Accordingly, writ petition is dismissed. The respondent No.3 shall expedite the hearing. GRD List No.: 1 Sl No.: 52 SD/- (E.S.INDIRESH) JUDGE