Partly allowed

Sri. Shrishail S/O Sharanappa Kumbar v. the Deputy Commissioner

Karnataka HC20 Jan 2026WP/105534/2025

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a Deputy Commissioner's order that set aside a mutation appeal without impleading the petitioner. Finding a violation of natural justice, the Court set aside the order and remitted it, reserving liberty to apply for impleadment.

What did the court decide?

The impugned order dated 02.05.2025 was set aside, the matter remitted, and liberty reserved to the petitioner to file an application for impleadment.

Sri. Shrishail S/O Sharanappa Kumbar Vs the Deputy… — Land Acquisition | Karnataka HC (2026)

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NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20^TH DAY OF JANUARY 2026 BEFORE

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THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

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WRIT PETITION NO. 105534 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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SRI. SHRISHAIL S/O. SHARANAPPA KUMBAR AGE: 44 YEARS, OCC: BUSINESS, R/O. NEKAR NAGAR, WARD NO.6, GULEDAGUDD, TQ: GULEDAGUDD, DIST: BAGALKOT-587203.

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…PETITIONER

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(BY SRI. PRANAV UMESH BADAGI, ADVOCATE FOR SRI. S. B. HEBBALLI, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER BAGALKOT, DIST: BAGALKOT-587101.

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THE ASSISTANT COMMISSIONER BAGALKOT, DIST: BAGALKOT-587101.

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GIRIJA A. BYAHATTI

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Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:34:42 +0530

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THE TAHSILDAR GULEDGUDD, TQ: BAGALKOT, DIST: BAGALKOT-587203.

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SIDDAVVA W/O. SHAMBULING YANAMASHETTI, AGE: 83 YEARS, OCC: HOUSEHOLD, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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DANAMMA D/O.SHAMBULING YANAMASHETTI, W/O. IRANNABALAGERI, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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RACHAPPA S/O. SHAMBULING YANAMASHETTI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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SIDDALINGAPPA S/O. RUDRAPPA PILLI, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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RAMESH S/O. SIDDALINGAPPA PILLI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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SATISH S/O. SIDDALINGAPPA PILLI, AGE: 23 YEARS, OCC: AGRICULTURE, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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SIDDALINGAPPA

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S/O. MANINGAPPA YANAMASHETTI, AGE: 70 YEARS, OCC: AGRICULTURE, R/O. GULEDGUDD, TQ: GULEDGUDD, DIST: BAGALKOT-587203.

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DANAPPA S/O. MANINGAPPA YANAMASHETTI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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RACHAPPA S/O. RACHAPPA YANAMASHETTI, AGE: 55 YEARS, OCC: AGRICULTURE, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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3 - NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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MAGUNDAPPA S/O. RACHAPPA YANAMASHETTI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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GANGADHAR S/O. MANINGAPPA YANAMASHETTI, AGE: 48 YEARS, OCC: AGRICULTURE, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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MALLIKARJUN S/O. BASAPPA YANAMASHETTI @ GANGADHAR M, AGE: 45 YEARS, OCC: BUSINESS, R/O. HAGALUR ROAD, NEAR MALLIKARJUN TEMPLE, SOPPINAKALAPPABADAWANE, HUVINAHADAGALI, TQ: DIST: VIJAYANAGAR.

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NAGAMMA W/O. SHIVASHANKRAPPA YANAMASHETTI @S.Y. NAGAMMA, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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SHARADA MANINGAPPA YANAMASHETTI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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HAMPAVVA CHANNAPPA YANAMASHETTI, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. NEAR SHANKARLING TEMPLE, BASAVESHWAR NAGAR-GADAG, TQ: DIST: GADAG-582101.

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MAHANTAPPA S/O. RACHAPPA YANAMASHETTI, AGE: 45 YEARS, OCC: BUSINESS, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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RACHAPPA S/O. MAGUNDAPPA YANAMASHETTI, AGE: 44 YEARS, OCC: BUSINESS, R/O. JORAPURPETH GALLI, BANAGAR GALLI, VIJAYAPUR, TQ: DIST: VIJAYAPUR.

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SUBHADRAVA SHAMBULINGAPPA YANAMASHETTI, AGE: 54 YEARS, OCC: HOUSEHOLD, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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NAGAMMA SHIVASHANKRAPPA YANAMASHETTI, AGE: 52 YEARS, OCC: HOUSEHOLD, R/O. H.NO: 35, 3^RD CROSS, SHAKTI GANAPATI NAGAR, KAMALA NAGAR, BENGALURU-560079.

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…RESPONDENTS

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(BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R3; NOTICE TO R4 TO R8, R10, R15, R16 AND R21 ARE SERVED; SERVICE OF NOTICE TO R9, R11, R12, R13, R19, R22 IS HELD SUFFICIENT VIDE ORDER DATED 06.11.2025; NOTICE TO R14, R17 AND R20 IS DISPENSED WITH VIDE ORDER DATED 13.11.2025)

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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 IMPUGNED ORDER DATED 02.05.2025 PASSED BY THE RESPONDENT NO.1/DEPUTY COMMISSIONER, BAGALKOT, IN RP NO.37/2024 A COPY OF WHICH IS PRODUCED AS PER ANNEXURE-K AND ETC.

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

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

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NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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ORAL ORDER

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Challenging the impugned order dated 02.05.2025 passed by the Respondent No.1 - Deputy Commissioner in R.P.No.37 of 2024 (Annexure-K), the petitioner has approached this Court, on the ground that the impugned order has been passed without impleading the petitioner in the proceedings.

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2. Brief facts of the case:

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2.1. The petitioner claims to have purchased the scheduled property under two registered sale deeds dated 02.11.2023 executed by Respondent Nos.10 and 11.

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2.2. Respondent Nos.10 and 11 initiated mutation proceedings to enter their names in the revenue records on the basis of a family arrangement deed (Hakku Bitta Patra) dated 24.08.2022.

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NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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2.3. Initially, Respondent No.3 – Tahsildar by order

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dated 11.07.2023 rejected certification of said mutation entry.

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2.4. Aggrieved by the same, Respondent Nos.10 and 11 preferred an appeal before the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964, which came to be allowed, directing mutation of their names in the revenue records.

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2.5. Pursuant thereto, Respondent Nos.10 and 11 executed registered sale deeds in favour of the petitioner, thereby creating vested rights in the petitioner.

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2.6. The order passed by the Assistant Commissioner

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was thereafter challenged by third parties before the Deputy Commissioner. The Deputy Commissioner, without considering that the registered sale deeds had already been executed in favour of the petitioner and without

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7 - NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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impleading the petitioner as a party to the proceedings, passed the impugned order setting aside the order of the Assistant Commissioner.

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Learned counsel for the petitioner submits that the impugned order is vitiated for violation of principles of natural justice, as the petitioner, whose rights had crystallized pursuant to the registered sale deeds executed in his favour, was neither impleaded nor heard before the order was passed. It is further contended that the petitioner was not afforded an opportunity to place any relevant documents on record.

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In the circumstances, the impugned order warrants interference reserving liberty to the petitioner to make an appropriate application for impleadment before the Deputy Commissioner.

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Accordingly, this Court pass the following order:

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NC: 2026:KHC-D:584 WP No. 105534 of 2025

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HC-KAR

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ORDER

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i. The writ petition is allowed in part .

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ii. The impugned order dated 02.05.2025 passed by Respondent No.1 in R.P.No.37 of 2024 is set aside.

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iii. Matter is remitted back to respondent No.1, reserving liberty to the petitioner to file an application for impleadment before Respondent No.1.

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iv. Parties shall appear before Respondent No.1 on 04.02.2026 without awaiting further notice.

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v. If such an application is filed, Respondent No.1 shall consider the same and, after affording an opportunity of hearing to all necessary parties, pass appropriate reasoned order in accordance with law.

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List No.: 1 Sl No.: 15

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Sd/JUSTICE K.S.HEMALEKHA

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gab Ct:VH

Sri. Shrishail S/O Sharanappa Kumbar v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri. Shrishail S/O Sharanappa Kumbar v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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