- 1 - NC: 2025:KHC-D:5211 WP No. 101249 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 101249 OF 2025 (KLR-RES) BETWEEN: 1. NARAYAN NAIK S/O. RAMACHANDRA NAIK, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. SHRIKANTHAPURA TANDHA, TALUKA KUDLIGI, DIST. VIJAYANAGARA-585135. 2. K. BHIMA NAIK S/O. B. KRISHNA NAIK, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. SHRIKANTHAPURA TANDHA, TALUKA KUDLIGI, DIST. VIJAYANAGARA-585135. …PETITIONERS (BY SRI. PRANAV BADAGI, ADVOCATE FOR SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER VIJAYANAGARA DIST., AT/ HOSAPETE-583201. 2. THE ASSISTANT COMMISSIONER, HOSAPETE SUB DIVN, HOSAPETE-583201. 3. THE TAHASILDAR AND TALUKA EXECUTIVE MEGISTRATE, KUDLIGI, DIST. VIJAYANAGARA-585135. Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:5211 WP No. 101249 of 2025 4. THE CHIEF EXECUTIVE OFFICER, TALUKA PANCHAYAT, KUDLIGI, DIST. VIJAYANAGARA-583201. 5. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT VIJAYANAGARA, DIST. HOSAPETE-583201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 TO R3; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R4 & R5) ----- THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE: i. A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTIFICATION BEARING NO. KUM/BHUSU/KUM.GAR/09/2024-25 DATED 24.07.2024 PASSED BY DEPUTY COMMISSIONER, VIJAYANAGARA DIST., HOSAPETE VIDE ANNEXURE-E. ii. A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER BEARING NO.KAM./BHUSU/10:2024/25 DATED 03.01.2025 PASSED BY ASSISTANT COMMISSIONER, HOSAPETE SUB DIVN., HOSAPETE VIDE ANNEXURE-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:5211 WP No. 101249 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioners have approached this Court, seeking issuance of writ in the nature of Certiorari, to quash the Notification dated 24.07.2024 issued by the Deputy Commissioner, Hosapete, Vijayanagar District, produced as per Annexure-E and to quash the impugned order dated 03.01.2025 passed by the Assistant Commissioner, Hosapete Sub-Division, Hosapete, produced as per Annexure-G. 2. Heard Sri. Pranav Badagi, for Sri. S.B.Hebballi, learned counsel for the petitioners, Sri.T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3 and Sri V.Shivaraj Hiremath, learned counsel for respondent Nos.4 and 5. Perused the materials on record. 3. It is the contention of the petitioners that, they are the grandsons of Jagana Naik and Dulya Naik respectively, who are the owners of the disputed lands bearing Sy.Nos.290/2, measuring 6.84 acres, and Sy.No.295/2, measuring 9.50 acres situate at Shrikanthapura Thanda, Gudikote Hobli, Kudiligi Taluk, Vijayanagara District. The record of rights were standing - 4 - NC: 2025:KHC-D:5211 WP No. 101249 of 2025 in the names of Jagana Naik and Dulya Naik. The Deputy Commissioner issued the notification as per Annexure-E, declaring that the above said lands are unrecorded habitation by name Sri. Srikanthapura Thanda under Section 38 A of Karnataka Land Reforms Act (for short, ‘KLR Act’). The Assistant Commissioner passed Annexure-G, rejecting the claim of the petitioners, that they being the grandsons of the original owners, are entitled to claim the benefits. In the impugned order Annexure-G, the Assistant Commissioner noticed that the revenue records are standing in the name of Jagana Naik and Dulya Naik, who are no more, and the lands are in occupation of several persons for more than 50 years. It is noticed that the petitioners have not produced any documents to show that they are related either to Jagana Naik or Dulya Naik, and under such circumstances they are not entitled for any benefits. Hence, he upheld the entry entering the name of Government, in the record of rights. 4. Now it is the contention of the learned counsel for the petitioners that, they are having sufficient documents to prove the relationship of the petitioners with Jagana Naik and Dulya Naik. Therefore, Annexure-G, the order of the Assistant - 5 - NC: 2025:KHC-D:5211 WP No. 101249 of 2025 Commissioner will have to be quashed. Considering the submission made by the learned counsel for the petitioners that they are having the Heirship certificate issued by the Deputy Tahsildar Gudikote, Kudiligi taluk, to prove their relationship with Jagana Naik and Dulya Naik, I am of the opinion that, the said impugned order Annexure-G could be quashed permitting the petitioners to produce the relevant documents before the Assistant Commissioner, Hosapete Sub-Division, for reconsideration of their claim. However, the prayer of the petitioners to quash Annexure-E is to be rejected. Accordingly, I proceed to pass the following: ORDER (i) The petition is allowed in part. (ii) The prayer to quash the Notification dated 24.07.2024 issued by the Deputy Commissioner, Hosapete taluk Vijayanagar District vide Annexure-E, is rejected. (iii) The order dated 03.01.2025 passed by the Assistant Commissioner, Hosapete Sub- - 6 - NC: 2025:KHC-D:5211 WP No. 101249 of 2025 Division, Hosapete vide Annexure-G, is hereby quashed. (iv) Consequently, the petitioners are permitted to produce relevant documents before the Assistant Commissioner, Hosapete Sub- Division, Hosapete. Upon which, he is directed to reconsider the request made by the petitioners regarding their entitlement for the benefits of the lands in question, in accordance with law, within a period of three months from the date of receipt of the documents. Sd/- (M.G.UMA) JUDGE MKM List No.: 1 Sl No.: 18