- 1 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100648 OF 2025 (LR) BETWEEN: 1. MOHAMMEDHANIF S/O. PATTESAB NADAF, AGED ABOUT 60 YEARS, OCC: AGRICULTURE, 2. GOUSUSAB S/O. PATTESAB NADAF, AGED ABOUT 55 YEARS, OCC: AGRICULTURE, 3. MARDANSAB PATTESAB NADAF, AGED ABOUT 57 YEARS, OCC: AGRICULTURE, (ALL ARE R/O. MASANAKATTI, TQ: HANGAL, DIST: HAVERI)-581104. …PETITIONERS (BY SRI SANTOSH B. MANE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-01. 2. THE DIRECTOR REVENUE CELL FOR CREATION OF REVENUE VILLAGES AND IN CHARGE DEPUTY SECRETARY FOR GOVERNMENT REVENUE DEPARTMENT M.S BUILDING AMBEDKAR VEEDI, BENGALURU-01 3. THE DEPUTY COMMISSIONER HAVERI DISTRICT HAVERI-581110 4. ASSISTANT COMMISSIONER HAVERI DISTRICT HAVERI-581110 5. THE TAHASILDAR HANGAL TALUK DISTRICT HAVERI -581110 ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 6. SIKANDAR S/O DIWANSAB SHETHASANADI AGE: MAJOR OCC: NOT KNOWN 7. MARDHARSAB S/O KHADARSAB SHETHASANADI AGE: MAJOR OCC: NOT KNOWN 8. MALLIKSAB MARDHANSAB SHETHASANADI AGE: MAJOR OCC: NOT KNOWN 9. BASHASAB KHADARSAB SHETHASANADI AGE: MAJOR OCC: NOT KNOWN 10. MALATESH S/O NAGAPPA KALASUR AGE: MAJOR OCC: NOT KNOWN 11. MOULASAB ALISAB NADAF AGE: MAJOR OCC: NOT KNOWN 12. RENAWWA D/O HANAMANTAPPA MANEGAR AGE: MAJOR, OCC: NOT KNOWN 13. MARDHARSAB HUSSAINSAB NADAF AGE: MAJOR OCC: NOT KNOWN 14. KWAJA PEERSAB NADAF AGE: MAJOR OCC: NOT KNOWN 15. HAJARESAB KHADASAB SHEKHASANNADI AGE: MAJOR OCC: NOT KNOWN 16. GUDDAPPA BASAPPA LACHAMANNAVAR AGE: MAJOR OCC: NOT KNOWN 17. NAGAPPA NEELAPPA KANAVAR AGE: MAJOR, OCC: NOT KNOWN 18. CHANDRAPPA FAKKIRAPPA SANNAPPANAVAR AGE: MAJOR OCC: NOT KNOWN 19. NINGAPPA FAKKIRAPPA SANNAPPANAVAR AGE: MAJOR OCC: NOT KNOWN - 3 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 20. NINGAPPA FAKKIRAPPA SWADI AGE: MAJOR OCC: NOT KNOWN 21. DEVENDRAPPA S/O FAKKIRAPPA UPPAR AGE: MAJOR OCC: NOT KNOWN 22. GUDDAPPA PARASAPPA UPPAR AGE: MAJOR OCC: NOT KNOWN ( RESPONDENT 6 TO 22 ARE R/O SY NO 104/1 MASANAKATTI VILLAGE HANGAL TALUK DIST HAVERI)-581104 …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R5; R6-R22 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE NOTIFICATION DATED 14- 10-2024 BEARING NO. KAM GRA/CR-16/2024-25 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 6. 2. Service of notice to respondents No.7 to 22 is dispensed with in view of no order being passed against them. 3. The petitioners are before this Court seeking for the following reliefs: 1. Issue a writ in the nature of certiorari and quash the notification dated 14.10.2024 - 4 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 bearing No.Kam Gra/CR-16/2024-25 issued by 3rd respondent vide Annexure-F. 2. Grant any other relief/s deemed fit in the facts and circumstances of the case, in the interest of justice and equity. 4. The grievance of the petitioners is that respondent No.3 has issued a notification under Section 38A of the Karnataka Land Reforms Act, 1961 declaring the land of the petitioners in Sy.No.104/1 as unrecorded habitation. 5. The submission of learned counsel for the petitioners is that the petitioners being the owners of the said land and being in occupation thereof, no notice has been issued to the petitioners nor a public notice issued so as to enable the petitioners to submit their objections. His further submission is that if the revenue records had been perused, the right, title and interest of the petitioners in the said survey number, would have been clear to the Deputy Commissioner. As such, he submits that the notification issued is without any basis and is required to be quashed. 6. This Court is coming across several matters where notifications under Section 38A of the Karnataka Land - 5 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 Reforms Act, 1961, have been issued by the Deputy Commissioner, without issuing any public notice and or even verifying the revenue records. The RTC’s, which have been produced along with the present petition at Annexure-A indicates the right, title and interest of the petitioners in respect of the aforesaid property. 7. Such being the case, the Deputy Commissioner could not have without verifying the revenue records pertaining to the relevant properties gone ahead and issued notification under Section 38A of the Karnataka Land Reforms Act, 1961. The Deputy Commissioner will be well advised to in future refer to all the revenue documents, obtain the details as regards the properties, which are proposed to be notified under Section 38A of the Karnataka Land Reforms Act, 1961 before issuing any notification. 8. In the event of any entries available in the revenue records, notices would necessarily have to be issued to the persons named in the said revenue records. In the event of no entries in revenue records being available, the notifications issued under Section 38A of the - 6 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 Karnataka Land Reforms Act, 1961, would have to record such a statement so that the same could be verified in the event of any challenge being made. 9. Respondent No.1 is directed to issue necessary instructions to all the Deputy Commissioners coming under his jurisdiction in respect of the above observations. 10. In view of the above, I pass the following: ORDER i) Writ petition is allowed. ii) A Writ of certiorari is issued. The notification dated 14.10.2024 bearing No.KAMGRA/CR:16/ 2024-25 at Annexure-F insofar as Sy.No.104/1 is concerned is quashed. iii) In the event of the Deputy Commissioner coming to the conclusion that the said lands are required for any public purpose, the Deputy Commissioner - 7 - NC: 2025:KHC-D:2004 WP No. 100648 of 2025 would be at liberty to initiate such proceedings for acquisition in terms of the applicable law. V) Though the above petition is disposed re-list on 28.02.2025 to enable respondent No.1 to place the instructions issued to the Deputy Commissioners on record. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 50