- 1 - NC: 2025:KHC-D:3446 WP No. 100191 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100191 OF 2025 (KLR-RR/SUR) BETWEEN: HANUMANTHAPPA T. S/O. GANGAPPA AGE: 73 YEARS, OCC: RETIRED GOVERNMENT EMPLOYEES, R/O SUMADHURA MARTHRUSHREE APARTMENT, HOUSE NO.018, B-3 BLOCK, NEAR TINDLU CIRCLE, VIDYARANYAPURA, BANGALORE-560097. …PETITIONER (BY SRI VINAYKUMAR M. SHETTY AND SRI SACHIN C.ANGADI, ADVOCATE, ADVOCATES) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-4, DHARA MAHAL, NEAR UB HILLS, DHARWAD, TQ. AND DIST.DHARWAD-580001. 2. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PIU, VIVEKANANDA NAGAR, 2ND CROSS, VIDYAGIRI, NEAR EXCELLENT NEET ACADEMY, DHARAWAD, TQ & DIST: DHARWAD-580004. 3. THE TAHSILDAR RURAL HUBBALLI, OFFICE OF TAHSILDR, HUBBALLI NEAR TO MINI VIDANA SOUNDHA, BALLARI-HUBBALLI ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580020. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.21 16:31:05 +0530 - 2 - NC: 2025:KHC-D:3446 WP No. 100191 of 2025 4. THE DISTRICT COMMISSIONER, OFFICE OF DISTRICT COMMISSIONER, DHARAWAD, DC COMPOUND, UB HILLS ROAD, TQ & DIST: DHARAWAD-580007. …RESPONDENTS (BY SRI B.P.MATHAPATI, ADVOCATE FOR R1 AND R2, SRI M.M. KHANNUR, AGA FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY SUCH OTHER DIRECTIONS, OR ORDER WHICH THIS HON’BLE HIGH COURT DEEMS FIT IN THE LIGHT OF JUSTICE AND EQUITY, DIRECTING THE RESPONDENT NO. 3 TO CONSIDER THE PETITIONER REPRESENTATIONS DATED 12.03.2022 & 27.08.2024 (ANNEXURE-F AND F1) AND TO REGISTER THE PETITIONER NAME IN THE RECORD OF RIGHTS AS THE OWNER OF LAND BEARING SURVEY NO. 16/2A/1B AND ISSUE THE RECORD OF RIGHTS IN THE NAME OF PETITIONER WITHIN 4 WEEKS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following relief: “Issue a writ of mandamus or any such other directions, or order which this Hon’ble High Court deems fit in the light of justice and equity, directing the respondent no. 3 to consider the petitioner representations dated 12.03.2022 & 27.08.2024 (annexure-f and f1) and to register the petitioner name in the record of rights as the owner of land bearing survey no. 16/2a/1b and issue the record of rights in the name of petitioner within 4 weeks.” - 3 - NC: 2025:KHC-D:3446 WP No. 100191 of 2025 2. Petitioner claims to be the owner of land bearing Sy.no.16/2A/1B measuring 0.05 guntas situated near the Kundagol cross flyover in Kotagonda-Hunashi village, Hubballi taluka and District-Dharwad, the name of petitioner being entered into the revenue records. The petitioner was shocked to know that his name has been deleted and the name of ‘National Highway Authority of India’ (for short, ‘NHAI’) has been inserted in his place. 3. In that background, the petitioner has submitted a representation on 26.07.2021 seeking for necessary action to be taken to reinsert the name of petitioner and delete the name of NHAI. Thereafter, the Special Land Acquisition Officer had issued an endorsement stating that the land of the petitioner has not been acquired and as such name of NHAI could not have been entered into in respect of the aforesaid land. 4. Once again another representation was submitted by the petitioner on 27.08.2024 reiterating the earlier - 4 - NC: 2025:KHC-D:3446 WP No. 100191 of 2025 request. Thereafter, a legal notice also came to be issued. 5. Though, the Deputy Commissioner had also recommended the re-insertion of name of the petitioner by deleting the name of NHAI from the revenue records, in furtherance of the report of SLAO, no action has been taken. In that background, the petitioner is before this Court. 6. When the matter was taken up for consideration earlier on 13.02.2025 learned AGA was called upon to enquire and make his submission as to how the name of the petitioner was deleted and name of NHAI was inserted. Today learned AGA on instructions submits that the same was by inadvertence and mistake. 7. The entry of the name of a person in respect of the property belonging to him in the revenue records can not be deleted by mistake. In that view of the - 5 - NC: 2025:KHC-D:3446 WP No. 100191 of 2025 matter, the Deputy Commissioner, respondent No.4 is directed to cause enquiry and take necessary action against the concerned for having deleted the name of the petitioner without any reason. In that view of the matter, I pass the following : ORDER (a) Writ petition is allowed. (b) A writ of mandamus is issued directing respondent No.3 to re-insert the name of petitioner in terms of report of the SLAO and the recommendation made by the Deputy Commissioner in the revenue records pertaining to the land bearing Sy.No.16/2A/1B of Kotagonda-Hunashi village within a period of 30 days from today. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT:GSM List No.: 1 Sl No.: 7