- 1 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201068 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI THOTA SUBBARAYADU, S/O LATE T. SUBBARAMAIAH, AGED ABOUT 76 YEARS, DIRECTOR OF M/S CHINCHOLI SUGAR & BIO INDUSTRIES LTD., 2. SRI THOTA MADHU S/O THOTA SUBBARAYADU, AGED ABOUT 59 YEARS, 3. SAGINALA SAMBAMURTHY S/O LATE S.BALADHUPAIAH, AGED ABOUT 73 YEARS PETITIONER 1 TO 3 ARE REPRESENTED BY THEIR GPA HOLDER SATHISHCHANDRA, S/O GURUNATH KULKARNI, AGED ABOUT 48 YEARS, R/A VENKATADRI NO.55, SY NO. 45/B, NEAR HDFC BANK, CHALUKYANAGAR, WEST, SHOLAPUR ROAD, VIJAYAPURA – 586 103. …PETITIONERS (BY SRI. K. VIJAYAKUMAR, ADVOCATE) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, M. S. BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER KALABURAGI DISTRICT, KALABURAGI – 585 101. 3. THE THASILDAR, CHINCHOLI, CHINCHOLI TALUK, KALABURAGI DISTRICT, KALABURAGI – 585 307. …RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION TO THE RESPONDENT NO.2 TO CONSIDER THE THREE REPRESENTATIONS GIVEN BY THE PETITIONER DATED 06.03.2025 (ACKNOWLEDGED ON 07.03.2025) PRODUCED AS ANNEXURE-A TO C. b) ISSUE A WRIT OF MANDAMUS OR DIRECTION, DIRECTING THE RESPONDENTS TO TRANSFER THE REVENUE RECORDS, IN THE NAMES OF PETITIONERS AS PER SALE DEEDS DATED 27.09.2005 AND 29.11.2007 (AS PER ANNEXURE-D1 TO F2) RESPECTIVELY IN RESPECT OF THE LAND BEARING SY NO. 248/1, MEASURING 10 ACRES 3 GUNTAS, SY.NO.244/2/D, MEASURING 2 ACRES 18 GUNTAS, SITUATED AT CHINCHOLI VILLAGE, CHINCHOLI TALUK, GULBARGA DISTRICT (NOW KALABURAGI DISTRICT) AND SY.NO.21/3, MEASURING 9 ACRES 16 GUNTAS, SY.NO.22, MEASURING 21 ACRES 39 GUNTAS, SITUATED AT DAULATPUR VILLAGE, CHINCHOLI TALUK, GULBARGA DISTRICT (NOW KALABURAGI DISTRICT) IN THE NAME OF THE PETITIONER NO.1, IN RESPECT OF THE - 3 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 LAND BEARING SY NO.248/1 MEASURING 10 ACRES, SY.NO. 246/1 MEASURING 11 ACRES 5 GUNTAS, SITUATED AT CHINCHOLI VILLAGE, CHINCHOLI TALUK GULBARGA DISTRICT (NOW KALABURAGI DISTRICT) AND SY.NO.23 MEASURING 24 ACRES 20 GUNTAS SITUATED AT DAULATPUR VILLAGE, CHINCHOLI TALUK, GULBARGA DISTRICT (NOW KALABURAGI DISTRICT) IN THE NAME OF PETITIONER NO.2, IN RESPECT OF LAND IN SY.NO.248/2 MEASURING 8 ACRES, SY.NO.247/A, MEASURING 9 ACRES SITUATED AT CHINCHOLI VILLAGE, CHINCHOLI TALUK, GULBARGA DISTRICT (NOW KALABURAGI DISTRICT) AND SY.NO.21/2 MEASURING 9 ACRES 2 GUNTAS, SITUATED AT DAULTAPUR VILLAGE, CHINCHOLI TALUK GULBARGA DISTRICT (NOW KALABURAGI DISTRICT) IN THE NAME OF THE PETITIONER NO.3 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.K.Vijaykumar learned counsel for the writ petitioners who appears through video conference. Also heard learned Additional Government Advocate who represents all the respondents. 2. Learned counsel for the writ petitioners submits that petitioner No.1 purchased 10 acres 3 guntas of land which is located in Sy.No.248/1 of Chincholi village and Taluk, Kalaburagi District through a registered sale deed. - 4 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 He also purchased 02 acres 18 guntas of land in Sy.No.244/2/D of the same village through a registered sale deed. Likewise, he also purchased land in Sy.No.21/3 admeasuring 9 acres 16 guntas and in Sy.No.22 admeasuring 21 acres 39 guntas of Daulatpur village, Chincholi Taluk, Kalaburagi District through a registered sale deed. 3. Learned counsel also submits that petitioner No.2 purchased 10 acres of land which is located in Sy.No.248/1 and 11 acres 5 guntas of land in Sy.No.246/1 of Chincholi village, Chincholi Taluk, Kalaburagi District through registered sale deeds. He also purchased 24 acres 20 guntas of land in Sy.No.23 of Daulatpur village, Chincholi Taluk, Kalaburagi District through a registered sale deed. 4. Learned counsel also contends that petitioner No.3 purchased 08 acres of land in Sy.No.248/2 and 09 acres of land in Sy.No.247/A which are located at Chincholi village and Talulk, Kalaburagi District through - 5 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 registered sale deeds. Likewise, he also purchased 09 acres 02 guntas of land in Sy.No.21/2 of Daulatpur village, Chincholi Taluk, Kalaburagi District through a registered sale deed. 5. Learned counsel submits that respondent No.3 Tahasildar, Chincholi, without conducting any enquiry submitted a representation to the Assistant Commissioner that the petitioners have violated Section 79A and 79B of the Karnataka Land Reforms Act. Orders were passed against the petitioners. Challenging those orders an appeal was filed before the Karnataka Appellate Tribunal, Bengaluru and the said appeal i.e., Appeal No.962/2012 was allowed and consequently, the order passed by the Assistant Commissioner was set aside. Later, the petitioners gave three separate representations requesting respondent No.2 to transfer khata in their names. However, the said representations were not considered till now and therefore, the present writ petition is filed. - 6 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 6. Learned Additional Government Advocate who is representing respondents seeks the Court to pass necessary orders. 7. It is not in dispute that the petitioners presented three separate representations shown at Annexures-A to C all dated 06.03.2025 to respondent No.2 Deputy Commissioner, Kalaburagi District. There is no material on record to show that necessary orders were passed basing on the representations submitted. The Deputy Commissioner who is a public official is required to consider the representations if any submitted by the public and should pass necessary orders either entertaining the request or informing the cause as to why the request cannot be honoured. However, in the case on hand, the submission that is made by the learned counsel for the writ petitioners is that the representations are kept pending. Therefore, this Court considers desirable to dispose of the writ petition passing necessary orders in - 7 - NC: 2025:KHC-K:2305 WP No. 201068 of 2025 that regard. Therefore, the writ petition is disposed of with the following: ORDER i. Respondent No.2, Deputy Commissioner Kalaburagi is directed to consider the representations three in number that were submitted by the petitioners dated 06.03.2025 and pass necessary orders within a period of four weeks from the date of receipt of certified copy of this order. ii. The orders passed be communicated to the petitioners. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 28 CT:NI