- 1 - HC-KAR NC: 2025:KHC-D:12771 WP No. 106668 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106668 OF 2025 (LR,) BETWEEN: 1. SHRI KRISHNAMURTHY S/O HARISHCHANDRA LAMANI @ NAIK AGE 58 YEARS, OCC. AGRICULTURE AND COOLIE R/O GANGAJALA TANDA RANEBENNUR TQ. RANEBENNUR AND DIST. HAVERI – 581 115 2. SHRI HARISHKUMAR S/O BABUNAIKLAMANI @ NAIK AGE 32 YEARS, OCC. AGRICULTURE AND COOLIE R/O GANGAJALA TANDA RANEBENNUR TQ. RANEBENNUR AND DIST. HAVERI – 581 115 3. SMT SONUBAI W/O BABU LAMANI AGE 56 YEARS, OCC. AGRICULTURE AND COOLIE R/O GANGAJALA TANDA RANEBENNUR TQ. RANEBENNUR AND DIST. HAVERI – 581 115 4. SMT JAYAMMA W/O MALLESHAPPA LAMANI @ NAIK AGE 50 YEARS, OCC. AGRICULTURE AND COOLIE R/O GANGAJALA TANDA RANEBENUR TQ. RANEBENNUR AND DIST. HAVERI – 581 115 Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12771 WP No. 106668 of 2025 (NOTE: THE PETITIONER NO.4 IS THE DAUGHTER OF THE NAGAVVA W/O HARISHCHANDRA LAMANI @ NAIK AND SHE EXPIRED AND SHE IS REPRESENTED BY THE PETITONER NO.4) … PETITIONERS (BY SRI. NAVEEN CHATRAD, ADVOCATE AND SRI MANJUNATH S. BARADAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001 R/BY ITS PRINCIPAL SECRETARY 2. DIRECTOR REVENUE CELL FOR CREATION OF REVENUE VILLAGES AND IN CHARGE OF DEPUTY SECRETARY FOR GOVERNMENT M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001 R/BY ITS PRINCIPAL SECRETARY 3. DEPUTY COMMISSIONER HAVERI DISTRICT, HAVERI - 581 110. 4. THE ASSISTANT COMMISSIONER HAVERI, DIST. HAVERI – 581 110 5. THE TAHASILDHAR RANEBENNUR, DIST. HAVERI – 581 115 … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) 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 CERTIORARI TO QUASH THE IMPUGNED ORDER NIL DATED PASSED BY THE RESPONDENT NO. 3 UNDER THE SECTION 38 A OF THE KARNATAKA LAND REFORMS ACT VIDE ANNEXURE-F, SO FAR IT RELATES TO PETITIONERS PROPERTY BEARING SY.NO. 660*/1 IS CONCERNED AND ALSO THE - 3 - HC-KAR NC: 2025:KHC-D:12771 WP No. 106668 of 2025 NOTIFICATION ISSUED BY THE RESPONDENT NO.1 IN FILE NO. RD 24 LRD 92 DATED. 19-09-1994 VIDE ANNEXURE-B AND ETC. THIS WRIT 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. Learned AGA accepts notice for respondents No.1 to 5. 2. The Petitioners are before this Court seeking for the following reliefs: a. Issue a writ or order or direction in the nature of certiorari to quash the impugned order Nil dated passed by the Respondent No. 3 under the Section 38A of the Karnataka Land Reforms Act vide ANNEXURE-F, so far it relates to Petitioners Property bearing Sy.No. 660*/1 is concerned and also the Notification issued by the Respondent No.1 in file No. RD 24 LRD 92 dated. 19-09- 1994 vide ANNEXURE-B. b. Issue any other writ or order or direction in the nature of Mandamus directing the Respondents to initiate the acquisition proceedings in respect the Petitioner’s Land bearing R.S. No. 660/*/1 measuring 2A-38G situated at Ranebennur Village of Ranebennur Taluk. c. Issue any other writ or order or direction which this Hon’ble Court deems fit under the circumstances of this case in the interest of justice and equity. 3. The grievance of the petitioner is that without issuing a notice to the petitioner, a notification under Section - 4 - HC-KAR NC: 2025:KHC-D:12771 WP No. 106668 of 2025 38A of the Karnataka Land Reforms Act has been issued at Annexure-F followed by notification dated 19.09.1994 at Annexure-B. On an enquiry as to whether any notice has been issued, learned AGA submits that no notice has been issued to the petitioner. 4. Without a notice being issued to the person whose name is found in the RTC, no further proceedings could have been taken up and final notification could not have been issued under Section 38A of the Karnataka Land Reforms Act. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. ii. A certiorari is issued, the order dated NIL under Section 38A at Annexure-F and the consequent notification issued by respondent No.1 dated 19.09.1994 are quashed. - 5 - HC-KAR NC: 2025:KHC-D:12771 WP No. 106668 of 2025 iii. Liberty is, however, reserved to the respondents to initiate fresh proceedings in accordance with law after serving due notice on the petitioner, as also taking out public notice in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 93