- 1 - NC: 2025:KHC-D:1051 WP No. 100279 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100279 OF 2025 (LR-) BETWEEN: 1. SMT. HULIGEMMA W/O. HANUMANTAPPA, AGE: 69 YEARS, OCC: AGRICULTURE, R/O. POTHALAKATTI, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 2. SMT. UMADEVI M., W/O. GOVINDAPPA M, AGE: 47 YEARS, OCCU: AGRICULTURE, R/O: POTHALAKATTE, CHILAKANAHATTI-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 3. SMT. NEELAMMA W/O. PAMPAPATHI, AGE: 56 YEARS, OCCU: AGRICULTURE, R/O: BEHIND GHP SCHOOL, POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 4. DEVARAJ P. H, S/O. PAMPAPATHI P.H, AGE: 40 YEARS, OCCU: AGRICULTURE, R/O: 29 ABIRUDDHI, 1ST FLOOR, 6TH MAIN, 5TH CROSS, ATTUR MAIN ROAD, MUNESHWAR LAYOUT, YELAHANKA NEW TOWN, BENGALURU-560064. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:36:07 +0530 - 2 - NC: 2025:KHC-D:1051 WP No. 100279 of 2025 5. P.H. SHIVARAJA S/O. PAMPAPATHI P.H., AGE: 38 YEARS, OCCU: AGRICULTURE, R/O: BEHIND GHP SCHOOL, POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 6. P.H. SHREEKANTH, S/O. PAMPAPATHI P.H, AGE: 34 YEARS, OCCU: AGRICULTURE, R/O: BEHIND GHP SCHOOL, POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 7. P.H. MARUTHI, S/O. PAMPAPATHI P. H, AGE: 36 YEARS, OCCU: AGRICULTURE, R/O: POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 8. M. LAKSHMAVVA, W/O. ERAPPA, AGE: 69 YEARS, OCCU: AGRICULTURE, R/O: POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. 9. M. SWAMY S/O. ERAPPA AGE: 38 YEARS, OCCU: AGRICULTURE, R/O: POTHAHALKATTE, THIMMALAPUR-583222, TQ: HOSAPETE, DIST: VIJAYANAGAR. …PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) - 3 - NC: 2025:KHC-D:1051 WP No. 100279 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, HOSAPETE-583201, TQ: HOSAPETE, DIST: VIJAYANAGAR. 3. THE ASSISTANT COMMISSIONER, HOSAPETE SUB-DIVISION, HOSAPETE-583201, TQ: HOSAPETE, DIST: VIJAYANAGAR. 4. THE TAHASILDAR, HOSAPETE TALUKA, HOSAPETE-583201, TQ: HOSAPETE, DIST: VIJAYANAGAR. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R4) 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 CERTIORARI TO QUASH THE IMPUGNED NOTIFICATION FORM NO.2-E BEARING NO.KAM/BHOOSU/KAMGRA/34/2023-24 DATED 18.10.2023 ISSUED UNDER SECTION 38(A) OF THE KARNATAKA LAND REFORMS ACT, 1961 BY THE RESPONDENT NO.2 DECLARING THE LANDS BELONGING TO THE PETITIONERS AS ‘UNRECORDED HABITATION’ AS PER ANNEXURE-A; TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO DROP THE PETITION PROPERTIES OF THE PETITIONERS FROM THE IMPUGNED NOTIFICATION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:1051 WP No. 100279 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking the following reliefs: i. To issue a Writ or Order or Direction in the nature of Writ of Certiorari to quash the impugned notification Form No.2-E bearing No.kam/bhoosu/kamgra/34/2023-24 dated 18.10.2023 issued under Section 38(A) of the Karnataka Land Reforms Act, 1961 by the respondent No.2 declaring the lands belonging to the petitioners as ‘unrecorded habitation’ as per Annexure-A; ii. To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the 2nd respondent to drop the petition properties of the petitioners from the impugned notification. iii. Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioners is that the land belonging to and in occupation by the petitioners has been declared to be ‘unrecorded habitation’ by a notification issued under Section 38(A) of the Karnataka Land Reforms Act, 1961 without issuing any notice to the petitioners and conducting an enquiry. - 5 - NC: 2025:KHC-D:1051 WP No. 100279 of 2025 3. A perusal of Annexure-A being the impugned notification dated 18.10.2023 does not indicate any such enquiry having been initiated by respondent No.2 before issuing such notification. In that few of the matter, I pass the following : ORDER (i) Writ Petition is allowed. (ii) Writ of certiorari is issued. Impugned Notification dated 18.10.2023 issued by the 2nd respondent vide Annexure-A is hereby quashed. (iii) Liberty is however reserved to respondent no.2 to initiate fresh action after following requirement of law by conducting necessary enquiry after issuance of notice to the petitioners and considering the representation and all documents submitted by the petitioners. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK