Sri. Ubedulla S/O Abdulmajeed Mulla Vs the Deputy Commissioner, Belagavi District.

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1 - NC: 2026:KHC-D:384 WP No. 109798 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13^TH DAY OF JANUARY 2026 BEFORE

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THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109798 OF 2025 (KLR-RES)

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BETWEEN:

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SRI. UBEDULLA S/O. ABDULMAJEED MULLA AGE: 52 YEARS, OCC: AGRICULTURE, R/O: RAIBAG-591317 TQ: RAIBAG, DIST: BELAGAVI.

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&PETITIONER

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(BY SRI. SHRIHARSH A.NEELOPANT, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001, TQ/DIST: BELAGAVI.

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THE ASSISTANT COMMISSIONER, CHIKKODI SUB-DIVISION, CHIKKODI-591 201, TQ: CHIKKODI, DIST: BELAGAVI.

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Digitally signed by GIRIJA A.BYAHATTI Location: HIGH COURT OF GIRIJA A. KARNATAKA BYAHATTI DHARWADBENCH Date: 2026.01.20 15:20:06 +0530

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THE TAHASILDAR, RAIBAG TALUK, RAIBAG-591317, TQ: RAIBAG, DIST: BELAGAVI.

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(BY SMT. NANDINI B.SOMAPUR, AGA)

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&RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO DELETE THE NAME OF FOREST IN COLUMN NO. 9 AND 12 OF RECORD OF RIGHTS IN RESPECT OF SY. NO.491/P1 MEASURING 33 ACRES 26 GUNTAS, SITUATED AT RAIBAG TQ. RAIBAG, DIST. BELAGAVI BY CONSIDERING THE REPRESENTATION DATED 03.06.2022 AND 10.10.2025 AS PER ANNEXURE-K, L AND M RESPECTIVELY AND TO ISSUE FRESH SEPARATE RECORD OF RIGHT IN FAVOUR OF THE PETITIONER AND ETC.

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2 -

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NC: 2026:KHC-D:384 WP No. 109798 of 2025

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HC-KAR

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 8B9 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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ORAL ORDER

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1. The petitioner has approached this Court seeking a

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writ of mandamus directing the respondents to delete the entry of the forest in Columns Nos.9 and 12 of the Record of Rights in respect of land bearing Survey No. 491/P1 measuring 33 acres 26 guntas, situated at Raibag, District Belagavi, by considering the representations dated 03.06.2022 and 10.10.2025 (Annexures K, L and M).

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The petitioner claims to have purchased the said land from its original owner under a registered sale deed dated 30.08.2016, and pursuant thereto his name was entered in the owner9s column of the Record of Rights. Subsequently, by MR No.H147, Survey Nos.491/P1 and 491/P2 came to be consolidated and a single

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3 -

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NC: 2026:KHC-D:384 WP No. 109798 of 2025

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HC-KAR

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Record of Rights was created, resulting in continued reflection of 8Forest9 in columns No.9 and 12.

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Learned counsel for the petitioner submits that the representations seeking deletion of said entries and issuance of separate Record of Rights were submitted, but the same have not been considered. Nonconsideration of the said representations has compelled the petitioner to approach this Court.

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Per contra , learned AGA appearing for the respondents submits that the representations submitted by the petitioner primarily refer to Survey No.491/P2 which stands in the name of the Forest and not specifically to Survey No.491/P1. It is submitted, if the petitioner submits fresh and specific representation to Survey No.491/P1, the competent authority would consider the same in accordance with law.

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Having regard to the submissions made, the grievance of the petitioner would stand redressed if liberty is

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4 -

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NC: 2026:KHC-D:384 WP No. 109798 of 2025

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HC-KAR

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granted to the petitioner to submit a fresh and specific representation, with a consequential direction to the competent authority to consider the same in accordance with law. Accordingly, this Court pass the following:

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ORDER

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i. The writ petition is disposed of .

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ii. Liberty is reserved to the petitioner to submit a fresh representation seeking deletion of the entry of the <Forest= in Columns Nos.9 and 12 of the Record of Rights in respect of Survey No.491/P1 measuring 33 acres 26 guntas, within two weeks from the date of receipt of a copy of this order.

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iii. Upon such representation being submitted, respondent No.3 shall consider the same and pass appropriate orders within a period of four weeks thereafter, in accordance with law.

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gab Ct:VH List No.: 1 Sl No.: 63

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Sd/JUSTICE K.S.HEMALEKHA

Sri. Ubedulla S/O Abdulmajeed Mulla v. the Deputy Commissioner, Belagavi District.

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Sri. Ubedulla S/O Abdulmajeed Mulla v. the Deputy Commissioner, Belagavi District.

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