- 1 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 113460 OF 2019 (ULC-) BETWEEN: 1. ANNAPPA BASAPPA BHAVIKATTI, SINCE DECEASED REPRESENTED BY HIS LRS, 1A. BASAPPA S/O. ANNAPPA BHAVIKATTI, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: KRISHNAPUR VILLAGE, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 1B. MANJUNATH S/O. BASAPPA BHAVIKAATTI, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: ANAND NAGAR ROAD, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 1C. RAMESH S/O. BASAPPA BHAVIKATTI, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: KRISHNAPUR VILLAGE, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 1D. VEERESH S/O. BASAPPA BHAVIKATTI, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: KRISHNAPUR VILLAGE, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 2. HANAMANTHAPPA S/O. MALLAPPA BANKAPUR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: VANI COMPLEX, NEAR SIDDAROODO HIGH SCHOOL, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 11:44:11 +0530 - 2 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 KARWAR ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 3. LATA W/O. HANAMANTHAPPA BANKAPUR, AGE: 46 YEARS, OCC: AGRICULTURE, R/O: VANI COMPLEX, NEAR SIDDAROODO HIGH SCHOOL, KARWAR ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 4. SIDDESHWAR S/O. HANAMANTHAPPA BANKAPUR, AGE: 26 YEARS, OCC: BUSINESS, R/O: VANI COMPLEX, NEAR SIDDAROOD HIGH SCHOOL, KARWAR ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD. 5. SMT. VANI M. BANKAPUR, AGE: 29 YEARS, OCC: HOUSEWIFE, R/O: VANI COMPLEX, NEAR SIDDAROOD HIGH SCHOOL, KARWAR ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580020. …PETITIONERS (BY SRI. RAVI B. NAIK SENIOR COUNSEL FOR SRI. F.V. PATIL AND SRI. NANDISH PATIL, ADVOCATES) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU. 2. DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD. 3. DHARWAD DISTRICT EX-SERVICEMEN, CO-OPERATIVE HOUSING SOCIETY, - 3 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 REGISTERED OFFICE-31, SWIMMING POOL, NCM HUBBALLI-580023. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R2; SRI. B.V. SOMAPUR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMUPGNED ENDORSEMENT/ORDER DATED 16.02.2018 PASSED BY THE RESPONDENT VIDE ANNEXURE-N AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following relief: a. Issue Writ in the nature of Certiorari to Quash the impugned Endorsement/Order dated 16.02.2018 passed by the Respondent vide Annexure-N, in the Interest of justice and equity. b. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature of circumstances of the case, in the interest of justice and equity. c. Issue a writ in the nature of certiorari quashing the endorsement dated 13.09.2017 in ULCR-1362 passed by the Respondent No.2, Dharwad Vide Annexure-L in the interest of justice and equity. d. Declare that the proceeding initiated by the Respondent No.2 and competent authority declaring that declarant is holding excess land to an extant of 3 acres and 2 guntas in Sy No.28/2 of - 4 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 the Krishnapura Village Taluk: Hubli Dist: Dharwad stands abated. e. Issue a writ in the nature of Mandamus directing the respondent No.2 to delete the name of the respondent from the records of right and enter the name of the petitioners with respect to the lands in question i.e. 3 acres 2 guntas in Sy No.28/2, of Krishnapura Village Taluk: Hubli Dist: Dharwad, in the interest of justice and equity. 2. The impleading application IA.No.1/2023 has been filed by an association contending that the subject land of the above petition has been granted to the association and they are in possession of the property. Without adverting to the veracity of those averments considering that any order passed in the present matter would affect the impleading applicant and its members. Hence, I.A.no.1/2023 is allowed. Learned counsel for the petitioners to carry out necessary amendment and file amended cause title. 3. Though several grounds have been urged during the arguments advanced before this Court by Shri Ravi B. Naik, learned senior counsel, what is under challenge is essentially Annexure-N an order passed - 5 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 by respondent No.1 in the revision petition filed by the petitioners, which before being numbered has been rejected with the endorsement that the same does not come within the purview of Sections 11, 12, 13 and 14 of the Urban Land Ceiling and Regulation Act, 1976 (for short, ‘the Act, 1976’). 4. The revision petition suffice it to say was filed for revision of the order at Annexure-L being an endorsement dated 13.09.2017 rejecting the representation of the petitioners that the land of the petitioners being agriculture land would not come within the purview of the Act of 1976 and that the Revenue Inspector did not have the power to take possession of the same. Instead of answering those allegations and contentions in accordance with law, Respondent No.1 has issued the endorsement that the same is not coming within the purview of Sections 11, 12, 13 and 14. - 6 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 5. Section 11 deals with payment of compensation for vacant land acquired under the Act of 1976. Section 12 of the Act, 1976 speaks of the constitution of the Urban Land Tribunal and appeal to the Urban Land Tribunal. Section 13 speaks of second appeal to the High Court and Section 14 speaks of mode of payment of amount. None of those provisions would be relevant for the purpose of considering the revision petition filed by the petitioners. In that view of the matter, I am of the considered opinion that the order passed by the 1st respondent on 16.02.2018 at Annexure-N is not in accordance with law and the revisional authority has not considered the revision petition on merits and in accordance with law, as such, I pass the following : ORDER (i) Writ petition is allowed (ii) Writ of certiorari issued. The endorsement order dated 16.02.2018 passed by the - 7 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 respondent No.1 at Annexure-N is quashed. (iii) The matter is remitted to the 1st respondent for fresh consideration after providing necessary opportunity of hearing to the petitioners and the impleading applicant, who has been permitted to come on record in the present proceedings. (iv) Both the petitioners and the impleading applicant are permitted to produce such documents that they wish to rely upon before the Revisional Authority, which shall be considered by the revisional authority on merits in accordance with law. Three weeks time is granted to the petitioners and impleading applicant to submit the documents, which shall be submitted on or before 17.02.2025 the - 8 - NC: 2025:KHC-D:1514 WP No. 113460 of 2019 Revisional Authority shall fix a date of hearing and hear the petitioners and impleading applicant and pass necessary orders within 60 days thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 5