VIJAYKUMAR S/O SHIVASHARANAPPA v. THE STATE OF KARNATAKA AND ORS
WP/201355/2021 · 2025-07-02
M I Arun
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12352 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12352 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:3560 WP No. 201355 of 2021
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.201355 OF 2021 (KLR-CON) BETWEEN:
VIJAYAKUMAR S/O SHIVASHARANAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. KALIDAS COLONY, BIDAR, BIDAR-585401.
…PETITIONER (BY SRI. K. M. GHATE, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR B. R. AMBEDKAR VEEDHI, VIDHAN SOUDHA, ' BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER, BIDAR, DIST. BIDAR-585401.
3.
THE TAHASILDAR, BIDAR, DIST. BIDAR-585401.
…RESPONDENTS (BY SRI. MALLIKARJUN SAHUKAR, AGA)
Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:3560 WP No. 201355 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI/ DIRECTION, QUASHING THE
ORDER PASSED BY 2ND RESPONDENT IN FILE NO.
PÀA/J¯ïJ£ïr/¹Dgï-06/2019-20 ¢£ÁAPÀ 06.02.2020 VIDE ANNEXURE - A, IN RESPECT OF PETITIONER NO.2 B) ISSUE WRIT OF MANDAMUS/ DIRECTION, DIRECTING THE 3RD RESPONDENT TO RESTORE THE NAME OF PETITIONER INTO THE REVENUE ENTRIES OF LAND BEARING SY. NO.13/4 MEASURING 8 ACRES 6 GUNTAS SITUATED AT HAMILAPUR VILLAGE, TQ AND DIST BIDAR, THEREBY GETTING REMOVED THE NAME OF GOVERNMENT OF KARNATAKA FROM COLUMN NO.9 AND 12/2 OF THE ROR ENTRY.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)
The case of the petitioner is that he is the owner of the land which is the subject matter of the writ petition. It is further contended that the impugned order has been passed forfeiting the land under Section 96 of Karnataka Land Revenue Act without issuing notice to the petitioner. On the said limited ground, the impugned order is challenged.
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HC-KAR NC: 2025:KHC-K:3560 WP No. 201355 of 2021
2. Learned Additional Government Advocate upon instructions submits that the petitioner has been served by way of paper publication.
3. It is obvious that petitioner was not aware of the proceedings before respondent No.2. Valuable rights of the petitioner is taken away by way of impugned order. In my opinion under the given peculiar facts and circumstances of the case, interest of justice would be met, if the impugned order is set aside insofar as it relates to the petitioner and the matter is remanded back to the respondent No.2 with a direction to hear the petitioner and pass appropriate orders.
4. Hence, the following:
ORDER
The impugned order dated 06.02.2020 passed by respondent No.2 is hereby set aside insofar as it relates to petitioner is concerned.
The matter stands remanded back to the respondent No.2.
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HC-KAR NC: 2025:KHC-K:3560 WP No. 201355 of 2021
Petitioner shall appear before respondent No.2 on 30.07.2025 at 11.00 a.m. without further notice.
Respondent No.2 shall consider the case of the petitioner in accordance with law and pass appropriate
order. The writ petition is disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE
SMP List No.: 1 Sl No.: 31 CT:SI