Gangubai Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Gangubai Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the memos seeking leave to withdraw the petitions were taken on record and both writ petitions were dismissed as not pressed.

Issue for consideration

Whether the order dated 30.12.2004 passed by respondent No.2 (the Land Tribunal, Raibagh) in No.TNC/SR-2723/33/Nandikurali (Annexure-A) is liable to be quashed by a writ in the nature of certiorari under Articles 226 and 227 of the Constitution of India (raised in W.P. No. 4157 of 2005; not adjudicated, petition dismissed as not pressed). +1 more

Ratio / Principle

On memos filed by the parties seeking leave to withdraw the petitions being taken on record, both writ petitions (W.P. No. 4157 of 2005 and W.P. No. 65028 of 2010) were dismissed as not pressed; no question on the validity of the impugned revenue orders was adjudicated.

Detailed headnote1 paragraphs

Writ Petition No. 4157 of 2005 (LR) c/w Writ Petition No. 65028 of 2010 (LR), both filed under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench (Hon'ble Mr. Justice Anant Ramanath Hegde), decided on 10.11.2025. W.P. 4157/2005, by members of the Jadhav family of Nandikurali, Tq. Raibagh, Dist. Belagavi (including minors 3 to 7 rep. by their mother guardian petitioner No.2, and the LRs of deceased petitioners 8 and 12), sought a writ in the nature of certiorari to quash the order dated 30.12.2004 passed by respondent No.2, the Land Tribunal, Raibagh, in No.TNC/SR-2723/33/Nandikurali (Annexure-A); the petition against respondents 4 to 7 stood abated. W.P. 65028/2010, by the LRs of Vithoba @ Vithal s/o Tatoba Jadhav, sought certiorari to quash the order dated 30.06.2006 in R.T.S.AP 21/2005-06 of the Assistant Commissioner, Chikkodi (Annexure-B) and the order dated 17.12.2009 in R.B.R.T.A. 174/2006-2007 of the Deputy Commissioner, Belgaum (Annexure-C). Memos were filed seeking leave of the Court to withdraw the petitions; the memos were taken on record and both writ petitions were dismissed as not pressed. No issue of law or fact was adjudicated on merits; the order carries no ratio decidendi on the validity of the impugned orders and has no precedential value on them.

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NC: 2025:KHC-D:15339 WP No. 4157 of 2005 C/W WP No. 65028 of 2010

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 4157 OF 2005 (LR) C/W WRIT PETITION NO. 65028 OF 2010 (LR)

IN W.P. NO.4157 OF 2005:

BETWEEN:

SMT. GANGUBAI W/O. LAKSHMAN JADHAV, AGED ABOUT 60 YEARS, R/O. NANDUKURALI, TQ. RAIBAGH, DIST. BELAGAVI.

SMT. SUNITHA THATHOBA JADHAV W/O. THATHOBA JADHAV @ APPASAHEB JADHAV, AGED MAJOR, R/O. NANDUKURALI, TQ. RAIBAGH, DIST. BELAGAVI.

ANIL THATHOBA JADHAV, MINOR, AGED ABOUT 16 YEARS,

CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKARLAXMAN KATTIMANI Location: High Court ofKarnataka, Dharwad BenchDate: 2025.11.21 11:41:31+0530

ASHWINI THOTHOBA JADHAV, MINOR, AGED ABOUT 14 YEARS,

ANKITA THATHOBA JADHAV, MINOR, AGED ABOUT 17 YEARS,

NAKUSHA THATHOBA JADHAV, MINOR, AGED ABOUT 10 YEARS,

PINKY THATHOBA JADHAV, MINOR, AGED ABOUT 08 YEARS,

PETITIONERS 3 TO 7 ARE MINORS, REP. BY THEIR MOTHER GUARDIAN THE

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PETITIONER NO.2, R/O. NANDIKURALI, TQ. RAIBAGH, DIST. BELAGAVI.

SRI. VASANTH LAKSHMAN JADHAV, SINCE DECEASED BY HIS LR’S.,

8a. LAXMI WD/O VASANT JADHAV, AGE. 46 YEARS, OCC. HOUSE WIFE, R/O. HANBARWADI, AT POST: NANDIKURLI, TQ. RAIBAG, DIST. BELAGAVI-591 339.

8b. POOJA D/O VASANT JADHAV, AGE. 26 YEARS, OCC. STUDENT, R/O. HANBARWADI, AT POST: NANDIKURLI, TQ. RAIBAG, DIST. BELAGAVI-591 339.

8c. SHASHIKALA D/O VASANT JADHAV, AGE. 24 YEARS, OCC. STUDENT, R/O. HANBARWADI, AT POST: NANDIKURLI, TQ. RAIBAG, DIST. BELAGAVI-591 339.

8d. SANTOSH S/O VASANT JADHAV, AGE. 22 YEARS, OCC. STUDENT, R/O. HANBARWADI, AT POST: NANDIKURLI, TQ. RAIBAG, DIST. BELAGAVI-591 339.

8e. SAROJA D/O VASANT JADHAV, AGE. 21 YEARS, OCC. STUDENT, R/O. HANBARWADI, AT POST: NANDIKURLI, TQ. RAIBAG, DIST. BELAGAVI-591 339.

SRI. RAGHUNATH LAKSHMAN JADHAV, AGE. 45 YEARS, R/O. NANDIKURALI, TQ. RAIBAGH, DIST. BELAGAVI.

SRI. HARISCHANDRA LAKSHMAN JADHAV, AGE. 47 YEARS, R/O. NANDIKURALI, TQ. RAIBAGH, DIST. BELAGAVI.

SRI. ARUN LAKSHMAN JADHAV, AGE. 43 YEARS, R/O. NANDIKURALI,

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TQ. RAIBAGH, DIST. BELAGAVI.

SRI. VITOBA THATHOBA JADHAV, SINCE DECEASED BY HIS LR’S.,

12a. BHAGUBAI WD/O VITHOBA JADHAV, AGE. 69 YEARS, OCC. HOUSEHOLD WORK, R/O. RAIBAG GRAM, SHIVAJI PARK, TQ. RAIBAG, DIST. BELAGAVI-591 339.

12b. YAMANABAI BHIMA HIPPARGI, AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. UCHAGAON, DIST. KOLHAPUR.

12c. BIBABAI SHANA HAWALDAR, AGE. 45 YEARS, OCC. HOUSEHOLD WORK, R/O. JALALPUR, TQ. RAIBAG, DIST. BELAGAVI-591 339.

12d. RAJU VITHOBA JADHAV, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. RAIBAG GRAM, SHIVAJI PARK, TQ. RAIBAG, DIST. BELAGAVI-591 339.

SRI. KIRANA LAKSHMAN JADHAV, AGE. 39 YEARS, R/O. NANDIKURALI, TQ. RAIBAGH, DIST. BELAGAVI.

… PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR P2 TO P11 AND P13; SRI. V.P. KULKARNI, ADVOCATE FOR R12)

AND:

THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDINGS, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-01.

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THE LAND TRIBUNAL, RAIBAGH, DIST. BELAGAVI, R/BY ITS SECRETARY.

SRI. RAJABA GOPAL PISALE, SINCE DECEASED BY HIS LR’S.,

3a. SRI. AVANNA RAJABA PISALE S/O LATE RAJABA PISALE, SINCE DECEASED BY HIS LR’S.,

R3a(i). SMT. PARVATI AVVANNA PISALE W/O AVVANNA PISALE, AGE. 60 YEARS, OCC. HOUSE WIFE, R/O. CHINCHALLI, TQ. RAIBAG, DIST. BELAGAVI.

R3a(ii). GANGARAM ANNAVVA PISALE S/O ANNAVVA PISALE, AGE. 38 YEARS, OCC. BUSINESS, R/O. CHINCHALI, TQ. RAIBAG, DIST. BELAGAVI.

R3a(iii). KALAVATI APPASAHEB PISALE W/O APPASAHEB PISALE, AGE. 38 YEARS, OCC. HOUSEHOLD, R/O. BALEKUNDRI, TQ. HUKKERI, DIST. BELAGAVI.

R3a(iv). GODADEVI SANDEEP PETAKAR W/O SANDEEP PETAKAR, AGE. 34 YEARS, OCC. HOUSEHOLD, R/O. KADAPUR, NEAR KANNADA SCHOOL, TQ. CHIKODI, DIST. BELAGAVI.

3b. SRI. AVVANNA RAJBA PISALE S/O RAJBA PISALE (DECEASED) BY HIS LEGAL REPRESENTATIVES.

1. SRI. GANGARAMA GOPALA PISALE, W/O SRI. GOPAL PISALE, DIED ISSUELESS.

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SMT. YAMUNABAI KRISHNA PISALE W/O SRI. BHIMA PISALE. DIED ISSUELESS.

SMT. GODABAI KRISHNA PISALE, W/O KRISHNA PISALE, DIED ISSUELESS.

SMT. HOUSHAKKA W/O SHIDLING ITANALE, AGE. 40 YEARS, R/O. NAGARAMUNNOLLI, TQ. CHIKODI, DIST. BLEAGAVI.

SMT. AKKATAI W/O MARUTI PATIL, AGE 55 YEARS, R/O. ITANAL, CHIKODI, DIST. BELAGAVI.

SMT. SEVANTHA W/O SHANKAR DONGARE, AGE. 45 YEARS, R/O. HOUSE NO.1902, WARD NO.5, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT.

KAMALA W/O MAYAPPA GADAKARI, AGE. 52 YEARS, R/O. HANABARATTI, POST: NANDIKURALI, RAIBAGH TALUK, DIST. BELAGAVI.

… RESPONDENTS

(BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. Y.R. JOGI, ADVOCATE FOR R8 TO R10; SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R3a(i, ii AND iv); PETITION AGAINST R4 TO R7 STANDS ABATED; V/O/DATED 04/03/2022 R3a(iii) IS 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 THE ORDER PASSED BY THE RESPONDENT NO.2 IN NO.TNC/SR-

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2723/33/Nandikurali, DATED 30.12.2004 WHICH IS PRODUCED AT ANNEXURE-A.

IN W.P. NO. 65028 OF 2010:

BETWEEN:

SHRI. VITHOBA @ VITHAL S/O TATOBA JADHAV, SINCE DECEASED BY HIS L’RS.,

1a. SMT. BHAGUBAI WD/O VITHOBA @ VITHAL JADHAV, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. RAIBAG GRAM, SHIVAJI PARK, TQ. RAIBAG, DIST. BELAGAVI-591 339.

1b. YAMANABAI BHIMA HIPPARGI, AGE. 49 YEARA, OCC. HOUSEHOLD WORK, R/O. UCHAGAON, DIST. KOLHAPUR.

1c. BIBABAI SHANA HAWALDAR, AGE. 46 YEARS, OCC. HOUSEHOLD WORK, R/O. JALALPUR, TQ. RAIBAG, DIST. BELAGAVI-591 339.

1d. RAJKUMAR @ RAJU VITHOBA @ VITHAL JADHAV, AGE. 47 YEARS, OCC. AGRICULTURE, R/O. RAIBAG GRAM, SHIVAJI PARK, TQ. RAIBAG, DIST. BELAGAVI-591 339.

… PETITIONERS (BY SRI. SANGRAM S. KULKARNI, ADVOCATE FOR P1a, P1b, P1d;

SRI. VEERANAGOUDA PATIL, ADVOCATE FOR P1c)

AND:

AVANNA RAJABA PISALE, SINCE DECEASSED BY HIS LR’S.,

1A. SMT. PARVATI AVVANNA PISALE, AGE. 60 YEARS, OCC. HOUSEHOLD WORK,

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R/O. KADAPUR, TQ.CHIKODI, BELAGAVI.

1B. GANGARAM AVVANNA PISALE, AGE. 38 YEARS, OCC. BUSINESS, R/O. KADAPUR, TQ.CHIKODI, BELAGAVI.

THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, BELAGAVI, BELAGAVI.

THE ASSISTANT COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, BELAGAVI, BELAGAVI.

THE TAHASILDAR, RAIBAG, TA. RAIBAG, BELAGAVI.

BIBABAI SHANA HAWALDAR, AGE. 46 YEARS, OCC. HOUSEHOLD WORK, R/O. JABALPUR, TQ. RAIBAG, DIST. BELAGAVI-591 339.

… RESPONDENTS

(BY SMT. MALA B. BHUTE, AGA FOR R2, R3 AND R4; SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R1B; NOTICE TO R5 AND R1A ARE SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH THE IMPUGNED ORDER IN R.T.S.AP 21/2005-06 DATED 30.06.2006 (ORDER OF ASSISTANT COMMISSIONER, CHIKKODI, VIDE ANNEXURE-‘B’) AND R.B.R.T.A. 174/2006-2007 DATED 17.12.2009 (ORDER OF DEPUTY COMMISSIONER, BELGAUM, ANNEXURE-‘C’).

THESE PETITIONS ARE COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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

Memos are filed seeking leave of the Court to

withdraw the petitions.

Memos are taken on record.

Writ Petitions are dismissed as not pressed.

Sd/(ANANT RAMANATH HEGDE) JUDGE

BRN

CT:BCK LIST NO.: 2 SL NO.: 3

Parties & counsel

AI extract

petitioner
Smt. Gangubai w/o Lakshman Jadhav (Petitioner No.1) — W.P. No. 4157 of 2005¶¶10
petitioner
Smt. Sunitha Thathoba Jadhav w/o Thathoba Jadhav @ Appasaheb Jadhav (Petitioner No.2; mother/guardian of petitioners 3 to 7) — W.P. No. 4157 of 2005¶¶11
Sangram S. Kulkarni
petitioner
Petitioners 3 to 7 — Anil, Ashwini, Ankita, Nakusha and Pinky (Thathoba Jadhav), minors, rep. by their mother guardian petitioner No.2 — W.P. No. 4157 of 2005¶¶18
petitioner
Sri. Vasanth Lakshman Jadhav (Petitioner No.8), since deceased by his LRs (8a to 8e) — W.P. No. 4157 of 2005¶¶23
petitioner
Sri. Raghunath Lakshman Jadhav (Petitioner No.9) — W.P. No. 4157 of 2005¶¶29
petitioner
Sri. Harischandra Lakshman Jadhav (Petitioner No.10) — W.P. No. 4157 of 2005¶¶30
petitioner
Sri. Arun Lakshman Jadhav (Petitioner No.11) — W.P. No. 4157 of 2005¶¶31
petitioner
Sri. Vitoba Thathoba Jadhav (Petitioner No.12), since deceased by his LRs (12a to 12d) — W.P. No. 4157 of 2005¶¶36
V.P. Kulkarni
petitioner
Sri. Kirana Lakshman Jadhav (Petitioner No.13) — W.P. No. 4157 of 2005¶¶41
respondent
The State of Karnataka, rep. by its Secretary, Revenue Department (Respondent No.1) — W.P. No. 4157 of 2005¶¶44
Mala B. Bhute
respondent
The Land Tribunal, Raibagh, Dist. Belagavi, r/by its Secretary (Respondent No.2) — W.P. No. 4157 of 2005¶¶48
respondent
Sri. Rajaba Gopal Pisale (Respondent No.3), since deceased by his LRs, incl. Sri. Avanna Rajaba Pisale (since deceased) by his legal representatives R3a(i)-(iv) and 3b — W.P. No. 4157 of 2005¶¶49
Raghavendra A. Purohit
respondent
Sri. Gangarama Gopala Pisale (Respondent No.4), died issueless — W.P. No. 4157 of 2005¶¶56
respondent
Smt. Yamunabai Krishna Pisale (Respondent No.5), died issueless — W.P. No. 4157 of 2005¶¶60
respondent
Smt. Godabai Krishna Pisale (Respondent No.6), died issueless — W.P. No. 4157 of 2005¶¶61
respondent
Smt. Houshakka w/o Shidling Itanale (Respondent No.7) — W.P. No. 4157 of 2005¶¶62
respondent
Smt. Akkatai w/o Maruti Patil (Respondent No.8) — W.P. No. 4157 of 2005¶¶63
Y.R. Jogi
respondent
Smt. Sevantha w/o Shankar Dongare (Respondent No.9) — W.P. No. 4157 of 2005¶¶64
respondent
Kamala w/o Mayappa Gadakari (Respondent No.10) — W.P. No. 4157 of 2005¶¶65
petitioner
Shri. Vithoba @ Vithal s/o Tatoba Jadhav (Petitioner No.1), since deceased by his LRs (1a to 1d) — W.P. No. 65028 of 2010¶¶75
Sangram S. Kulkarni, Veeranagouda Patil
respondent
Avanna Rajaba Pisale (Respondent No.1), since deceased by his LRs (1A, 1B) — W.P. No. 65028 of 2010¶¶83
Raghavendra A. Purohit
respondent
The Deputy Commissioner, Office of the Deputy Commissioner, Belagavi (Respondent No.2) — W.P. No. 65028 of 2010¶¶90
Mala B. Bhute
respondent
The Assistant Commissioner, Office of the Deputy Commissioner, Belagavi (Respondent No.3) — W.P. No. 65028 of 2010¶¶91
respondent
The Tahasildar, Raibag (Respondent No.4) — W.P. No. 65028 of 2010¶¶92
respondent
Bibabai Shana Hawaldar (Respondent No.5) — W.P. No. 65028 of 2010¶¶93

Coram

AI extract

Anant Ramanath Hegdeauthor¶¶102