SUJAY SACHIN PATIL v. THE ASSISTANT COMMISSIONER

(BY SMT. NANDINI B.SOMAPUR, AGA) …PETITIONER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ENDORSEMENT DATED 06/07/2018 ISSUED BY THE RESPONDENT NO.2 IN NO. THAM/V VAHI/24/18-19 AT ANNEXURE-F IN SO FAR AS BLOCK NO-65/8 IS CONCERNED IN THIS WP; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO. 2 TO COMPLY WITH THE ORDER DATED 22/01/2018 IN NO. RTS/AP/188/2017 PASSED BY MANJANNA E MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR THE RESPONDENT NO. 1 THE ASSISTANT COMMISSIONER, DHARWAD AT ANNEXURE-E ON OUR PRAYER TO DISTRIBUTE AND DIVED THE LAND REVENUE ASSESSMENT AND NET CULTIVABLE AREA AS EXISTED PRIOR TO CERTIFICATION ME NO. 790 DATED 09/04/1997 IN ACCORDANCE WITH LAW AND ETC. IN WP NO.112071 OF 2019: BETWEEN: SURESH S/O. SHIVAPPA SHIROL AGE: 57 YEARS, OCC: AGRICULTURE, R/O. ABBIGERI, TQ: RON, DIST: GADAG, BY HIS P.A.HOLDER BABU S/O. NARAYANRAO GAVADE, AGE:42 YEARS, R/O. RAJNAGAR, TURUMARI PLOT, DIST: GULGANJIKOPPA. (BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADVOCATES) …PETITIONER AND:

1. THE ASSISTANT COMMISSIONER DHARWAD SUB-DIVISION, DHARWAD.

2. THE ASSISTANT DIRECTOR OF LAND RECORDS, HUBBALLI, OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, HUBBALLI, DHARWAD DISTRICT. (BY SMT. NANDINI B.SOMAPUR, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 06/07/2018 ISSUED BY THE RESPONDENT NO.2 IN NO.THAM/V VAHI/24/18-19 AT ANNEXURE-F; TO DIRECT THE RESPONDENT NO. 2 TO COMPLY WITH THE ORDER DATED 22/01/2018 IN NO. RTS/AP/188/2017 PASSED BY THE RESPONDENT NO. 1 THE ASSISTANT COMMISSIONER, DHARWAD AT ANNEXURE-E ON OUR PRAYER TO DISTRIBUTE AND DIVED THE LAND REVENUE ASSESSMENT AND NET CULTIVABLE AREA AMONGST 8 HISSAS I.E. BLOCK NO.65/2 TO 65/9 IN ORDER TO MATCH THE SUM TOTAL WITH THAT OF THE LR ASSESSMENT AND NET CULTIVABLE AREA AS EXISTED PRIOR TO CERTIFICATION ME NO.790 DATED 09.04.1997 IN ACCORDANCE WITH LAW AND ETC. - 3 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR THESE WRIT PETITIONS COMING ON FOR PRELIMINARY ‘B’ GROUP THIS DAY, THE COURT MADE THE HEARING IN FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORDER Since the issues involved in these writ petitions are identical and arise out of the same mutation proceedings and endorsement, both the writ petitions are connected and are taken up for final disposal by this common order.

2. Brief facts: The petitioners in both the writ petitions are owners of the land forming part of Block No.65 of Revadihal Village, Hubballi taluk, Dharwad district, which was originally assessed to land revenue of Rs.47/-. Pursuant to the proceedings dated 09.04.1997, Block No.65 came to be subdivided into several subdivisions and Mutation Entry No.790 was certified. However, while effecting the subdivision, the land revenue assessment was not proportionately apportioned - 4 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR among the subdivided survey numbers, resulting omission and inconsistency in assessment. Subsequently, the Tahsildar, Hubballi as well as the respondent No.2- Assistant Director of Land Records (for short ‘ADLR’) opined that assessment require to be re-fixed proportionately. Acting on same, respondent No. 1-Assistant Commissioner, Dharwad, by order dated 22.01.2018 passed in the appeal proceedings, directed respondent No.2-ADLR, to adjust and re-fix the assessment in accordance with the respective phodi-hissas of the land. The respondent No.2- ADLR issued an endorsement dated 06.07.2018 stating that there is no provision in law to re-fix the assessment, which endorsement is impugned in both the writ petitions.

3. Learned counsel for the petitioners contends that the impugned endorsement dated 06.07.2018 is contrary to passed respondent No.1-Assistant Commissioner, dated 22.01.2018, which has attained finality, and that respondent No.2, being a subordinate authority, could not have declined to act upon the order of - 5 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR the Appellate Authority. It is contended that Section 109 (2) of the Karnataka Land Revenue Act, 1964 (for short ‘KLR Act’), expressly contemplates proportionate assessment upon subdivision of land. The refusal of respondent No.2 amounts to abdication of statutory authority and is arbitrary and unsustainable in law.

4. Learned Additional Government Advocate appearing for the respondent-State sought to justify the endorsement, contending that the mutation entries had already been certified and that there was no express provision permitting the fixation of assessment after certification of the mutation.

5. This Court has carefully considered contentions urged at the Bar and perused the records.

6. The respondent No.1-Assistant Commissioner, while exercising appellate jurisdiction, had passed a reasoned and speaking order dated 22.01.2018 directing respondent No.2 to adjust and re-fix the assessment in - 6 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR accordance with its respective subdivision. The said order has attained finality. Section 109 (2) of the Act, specifically mandates that where a survey number is subdivided, the assessment of each subdivision shall be proportionate to the assessment of the original survey number, calculated according to the relative classification value of the several parts.

7. Respondent No.2-ADLR, being a subordinate authority, could not have ignored or nullified the directions issued by respondent No. 1, Assistant Commissioner, by issuing the impugned endorsement. The endorsement clearly demonstrates a misappreciation of the statutory provisions and the scope of authority vested in respondent No. 2.

8. However, having regard to the nature of relief sought, this Court is of the opinion that the matter requires reconsideration by respondent No.2-ADLR, strictly - 7 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR accordance with Section 109(2) of the Act after undertaking the necessary exercise.

9. Accordingly, this Court pass the following; ORDER i. Writ petitions are allowed-in-part. ii. The impugned endorsement dated 06.07.2018 issued by respondent No.2-ADLR, is hereby set- aside. iii. The matter is remitted back to the respondent No.2-ADLR to pass appropriate orders in terms of Section 109 (2) of the Karnataka Land Revenue Act, 1964, after due consideration. iv. The entire exercise shall be completed within a period of two months from the date of receipt of certified copy of this order. - 8 - NC: 2026:KHC-D:884 WP No. 106735 of 2025 C/W WP No. 112071 of 2019 HC-KAR v. All contentions of the parties are kept open. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 109