Chandragouda S/O Doddagouda Halegoudra Alias… — Writ and Judicial Review | Karnataka HC (2025)

Chandragouda S/O Doddagouda Halegoudra Alias… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; the impugned orders dated 24.11.2022 (Annexure-D) and 16.11.2023 (Annexure-F) are set aside, restoring the survey sketch at Annexure-B, with the partition/possession question left open to the Civil Court.

Issue for consideration

Whether the impugned orders setting aside the survey sketch (Annexure-B) prepared pursuant to the 1995 partition deed (Annexure-A) were legally sustainable. +1 more

Court's answer

On a prima facie reading, the partition deed at Annexure-A reveals that the property allotted to the petitioner's share is the southern portion of No.54, the northern portion was allotted to Kalaveeragouda and the eastern portion to Rudragouda; accordingly, the sketch appears to be according to the partition at Annexure-A.

Ratio / Principle

Since the sketch accords with the partition deed at Annexure-A, the order setting aside Annexure-B (the sketch) could not have been passed.

Key takeaways

The question whether the partition took place as per Annexure-A or whether the parties are in possession differently is for the appropriate Civil Court; keeping that question open, the impugned order is set aside.ratio¶46
If any suit is filed challenging the partition at Annexure-A or contending that the parties do not enjoy the properties as per Annexure-A, it is for the Court to decide the question based on the evidence placed on record.obiter¶49

Detailed headnote1 paragraphs

Land records - survey sketch set aside by revenue authorities - writ of certiorari under Articles 226 and 227. The Technical Assistant to the Deputy Commissioner/Ex-Officio Deputy Director of Land Records, Haveri (order dated 24-11-2022, Annexure-D) and the Joint Director, Regional Land Records, Belagavi (confirmatory order dated 16-11-2023, Annexure-F) had set aside the survey sketch at Annexure-B prepared in 2008-09 pursuant to a partition deed of 1995 (Annexure-A). The High Court (Anant Ramanath Hegde, J.) held that, prima facie, the sketch conformed to the partition deed - southern portion of No.54 to the petitioner, northern portion to Kalaveeragouda and eastern portion to Rudragouda - and therefore the order setting aside the sketch could not have been passed. The question whether the partition actually took place as per Annexure-A or whether the parties possess the properties differently was expressly kept open for the appropriate Civil Court (O.S.No.103/2023 pending before the Additional Civil Judge and J.M.F.C., Hirekerur). Petition allowed; both impugned orders set aside.

1 -

NC: 2025:KHC-D:14999 WP No. 100200 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 100200 OF 2024 (KLR-RR/SUR)

BETWEEN:

CHANDRAGOUDA, S/O DODDAGOUDA HALEGOUDRA @ PATIL, AGED ABOUT 61 YEARS, OCC. AGRICULTURE, R/O. SHRIRAMANKOPPA, TQ. HIREKERUR,

DIST. HAVERI-581 111.

… PETITIONER

(BY SRI. S.G. KADADAKATTI, ADVOCATE)

AND:

THE JOINT DIRECTOR,

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

THE OFFICE OF REGIONAL LAND RECORDS, BELAGAVI SUB-DIVISION, BELAGAVI-590 001.

THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, HAVERI-581 110.

THE ASSISTANT DIRECTOR OF LAND RECORDS, HIREKERUR, HAVERI DISTRICT-581 111.

SRI. KALAVEERAGOUDA S/O DODDAGOUDA HALEGOUDRA @ PATIL,

2 -

NC: 2025:KHC-D:14999 WP No. 100200 of 2024

HC-KAR

AGED ABOUT 68 YEARS, OCC. AGRICULTURE, R/O. SHRIRAMANKOPPA, TQ. HIREKERUR, DIST. HAVERI-581 111.

SMT. VIMALA W/O RUDRAGOUDA HALEGOUDRA, AGED ABOUT 64 YEARS, OCC. AGRICULTURE AND HOUSEHOLD, R/O. SHRIRAMANKOPPA, TQ. HIREKERUR, DIST. HAVERI-581 111.

… RESPONDENTS

(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3; SRI. M.R. HIREMATHAD, ADVOCATE FOR R4; NOTICE TO R5 IS DELIVERED)

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 AND TO QUASH THE ORDER BEARING NO.RE.V/SY/PODI/S.R:174/2022-23 DATED 16-11-2023, VIDE ANNEXURE-F PASSED BY THE JOINT DIRECTOR, OFFICE OF THE REGIONAL LAND RECORDS BELAGAVI AND NO. PODI:A.P.C.R:207/2021-2022 DATED 24-112022 PASSED BY THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFICIO AND DEPUTY DIRECTOR OF LAND RECORDS, HAVERI VIDE ANNEXURE-D BY ALLOWING THIS WRIT PETITION IN THE ENDS OF JUSTICE AND EQUITY.

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

3 - NC: 2025:KHC-D:14999 WP No. 100200 of 2024

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

The explanation is accepted.

This petition is filed assailing the order passed by respondent No.2 and confirmed by respondent No.1. In terms of the said order, the survey sketch at Annexure-B prepared in the year 2008-09 is set aside.

Learned counsel for the petitioner would submit that the survey sketch is prepared pursuant to the partition deed of the year 1995 (marked at Annexure-A). Thus, he would contend that the sketch could not have been set aside.

Learned counsel for respondent No.4 would submit that the possession of the parties is not as per sketch at Annexure-B. The parties are enjoying the property differently than what is shown in the sketch and the authorities have rightly set aside the sketch. In addition to that, he would submit that the suit is pending in O.S.No.103/2023 on the file of Additional Civil Judge and J.M.F.C., Hirekerur.

4 -

NC: 2025:KHC-D:14999 WP No. 100200 of 2024

HC-KAR

This Court has considered the contentions raised at

the Bar and perused the records.

Prima facie Annexure-A, the partition deed would reveal that the property allotted to the share of the petitioner is the southern portion of No.54 and northern portion is allotted to one more brother by name Kalaveeragouda and eastern portion is allotted to one more brother by name Rudragouda.

Under these circumstances, it appears that the sketch is according to the partition at Annexure-A.

Under these circumstances, the order setting aside Annexure-B, the sketch could not have been passed.

Whether the partition has taken place as per Annexure-A or whether the parties are in possession of properties in a different manner than what is provided in Annexure-A is a question that may be agitated before the appropriate Civil Court.

Keeping that question open, the impugned order is set aside.

5 - NC: 2025:KHC-D:14999 WP No. 100200 of 2024

HC-KAR

In case, any suit is filed challenging the partition at Annexure-A or raising a contention that the parties are not enjoying the properties as per Annexure-A, it is for the Court to decide the question based on the evidence to be placed on record.

Petition is allowed with the observation made

above.

Impugned orders dated 24.11.2022 and 16.11.2023

are set aside.

Sd/(ANANT RAMANATH HEGDE) JUDGE

CLK CT:BCK

LIST NO.: 1 SL NO.: 4