- 1 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100661 OF 2025 (KLR-RES) BETWEEN: CHANDRU GANAPU GOUDA S/O. GANAPU GOUDA, AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST, R/AT. #408, GOKARNA, SANA BIJJUR, KUMTA TALUK, UTTARA KANNADA DISTRICT, KARNATAKA-581326. …PETITIONER (BY SRI. VINAY BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY SECRETARY, VIDHANA SOUDHA, BENGALURU-560001. 2. DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR, KARNATAKA-581301. 3. ADDITIONAL DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR, KARNATAKA-581301. 4. ASSISTANT COMMISSIONER, KUMTA SUB-DIVISION, KUMTA, KARNATAKA-581343. 5. TAHSILDAR, KUMTA, OFFICE OF THE TAHSILDAR KUMTA, KUMTA, KARNATAKA-581343, GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 RESPONDENT NO.1 TO 5 ARE REPRESENTED BY AGA, HIGH COURT OF KARNATAKA AT BANGALORE, BENGALURU-560001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH IMPUGNED ENDORSEMENT / / /26/2023-24 DATED 06.12.2023, ISSUED BY THE RESPONDENT NO.5 TO THE PETITIONER, VIDE ANNEXURE-H; ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO CONSIDER THE REPRESENTATION DATED 11.05.2022 GIVEN BY THE PETITIONER TO RESPONDENT NO.5 VIDE ANNEXURE-G, AND GRANT THE PERMISSION OR NO OBJECTION CERTIFICATE, TO ALIENATE THE LAND WHICH GRANTED IN FAVOUR OF THE PETITIONER, VIDE ANNEXURE-B; TO PASS ANY OTHER APPROPRIATE ORDERS AS MAY BE NECESSARY, TILL THE FINAL DISPOSAL OF THIS PETITION, IN THE INTEREST OF EQUITY AND JUSTICE. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue Writ, Order Or Direction in the nature of certiorari and quash impugned endorsement / / /26/2023-24 DATED 06.12.2023, issued by the Respondent No.5 to the Petitioner, vide Annexure-H; ii. Issue Writ, Order Or Direction in the nature of mandamus to consider the representation dated 11.05.2022 given by the Petitioner to Respondent no.5 vide Annexure-G, and grant the permission - 3 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 or No Objection Certificate, to alienate the land which granted in favour of the petitioner, vide Annexure-B; iii. To pass any other appropriate orders as may be necessary, till the final disposal of this petition, in the interest of equity and justice. 2. The brief facts of the case are; 2.1. The petitioner claims to be a permanent resident of Gokarna village, Kumta Taluk, Uttara Kannada District. The petitioner’s family claims to be in possession and cultivation of land bearing Survey No.1494, measuring 11 acres and 22 guntas, in the aforesaid village and made an application in Form No.7A on 19/01/1999. 2.2. The claim of the petitioner’s forefathers was partly allowed to an extent of 2 acres and 22 guntas vide order dated 12/12/2000. A Hakku Patra came to be issued on 02/07/2001. 2.3. However, this Hakku Patra was challenged by some of the relatives of the petitioner in - 4 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 Revision Petition No.358/2006, which came to be disposed of on 17/07/2009 vide Annexure- D by virtue of which the allotment order dated 12/12/2000 was set aside and the matter was remanded to the Assistant Commissioner, Kumta Sub-division. 2.4. Upon such remittal, vide order dated 03/07/2017, the claim made by the relatives of the petitioner was rejected and the claim was confirmed to the extent of 2 acres and 22 guntas, vide order dated 03/07/2017 vide Annexure-F. 2.5. Subsequent thereto, the petitioner made an application for the sale of the said land on the ground that the prohibition period of 15 years from the date of issuance of the Hakku Patra had expired. - 5 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 2.6. However, the said request came to be rejected vide order dated 06/12/2023 at Annexure-H, contending that the allotment having been made on 03/07/2017, subsequent to the allotment having been set aside, the period of 15 years is not yet expired and as such, no sale permission to be granted. 2.7. It is challenging the same, the petitioner is before this Court. 3. The submission of Sri. Vinay Bhat, learned counsel for the petitioner, is that, the Hakku Patra having been issued on 02/07/2001, the 15 years period expired on 01/07/2016 and as such, the permission ought to have been granted. 4. The learned Additional Government Advocate would however submit that the order dated 02/07/2001 was set aside by the Karnataka Appellate Tribunal (KAT) in the Revision Petition No.358/2006 and the - 6 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 matter was remanded to the Assistant Commissioner for fresh consideration. His submission is that, the allotment having been cancelled, there is a fresh allotment made by the Assistant Commissioner vide order dated 03/07/2017, and that the embargo of prohibited period of 15 years would have to be considered from 03/07/2017 and not from the initial issuance of the Hakku Patra on 02/07/2001. 5. Heard Sri. Vinay Bhat, learned counsel for the petitioner and the learned AGA for the respondents. Perused the papers. 6. The present matter is the one where the Hakku Patra, though issued on 02/07/2001, was cancelled on 17/07/2009 by the Karnataka Appellate Tribunal and subsequently, upon remand, the Assistant Commissioner confirmed the said allotment vide order dated 03/07/2017. The proceedings which have taken place are continuation of the earlier ones and not separate proceedings. The initial application - 7 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 made having been granted in favour of the petitioner, challenge having been, that challenge succeeded and the allotment was set aside, thereafter, on remand, the allotment was confirmed in favor of the petitioner. Thus, the date of allotment would date back to the initial allotment i.e., 02/07/2001 and cannot be said to be a fresh allotment made on 03/07/2017, as contended by respondent No. 5. 7. In that view of the matter, the endorsement issued not being in accordance with law, I pass the following: ORDER i. The writ petition is allowed. ii. Certiorari is issued, the endorsement dated 06/12/2023 issued by respondent No.5 at Annexure-H is quashed. - 8 - NC: 2025:KHC-D:3132 WP No. 100661 of 2025 iii. The respondents are directed to consider the representation dated 11/05/2022 submitted by the petitioner by considering the original date of allotment to be a date of issue of Hakku Patra i.e., on 02/07/2001 and pass necessary orders within a period of 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 11