- 1 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.116434 OF 2019 (LB-RES) BETWEEN: SANGANABASAPPA S/O. CHANNABASAPPA KHAJJI, AGE: 54 YEARS, OCC: AGRICULTURIST & BUSINESS, R/O: TARALAGATTA, TQ: KUNDAGOL, DIST: DHARWAD-581113. ...PETITIONER (BY SRI. SURESH S. GUNDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, PANCHAYAT RAJ, VIDHANA SOUDHA, BENGALURU-560001. 2. THE EXECUTIVE OFFICER, TALUK PANCHAYAT KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD-581113. 3. PANCHAYAT DEVELOPMENT OFFICER, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, BHU. TARLAGATTA, TQ: KUNDAGOL, DIST: DHARWAD-581113. 4. VEERAYYA S/O. SHIVAMURTHAYYA HIREMATH, AGE: 72 YEARS, OCC: AGRICULTURE, R/O: TARALAGATTA, TQ: KUNDAGOL, DIST: DHARWAD-581113. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1; SRI. RAJENDRASWAMY C. HOSAMTH, ADVOCATE FOR R3; SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R4; R2-SERVED) ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE ORDER BEARING NO. 2018, DATED 26.03.2018 PRODUCED AT ANNEXURE-P PASSED BY THE RESPONDENT NO.2 I.E., EXECUTIVE OFFICER, TALUK PANCHAYAT, KUNDAGOL; ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER QUASHING THE ORDER BEARING NO. /82018/431, DATED 12.09.2019 PRODUCED AT ANNEXURE-S PASSED BY THE RESPONDENT NO.2 I.E, EXECUTIVE OFFICER, TALUK PANCHAYAT KUNDAGOL AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 29.01.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. The Petitioner is before this Court seeking for the following reliefs’: a) Issue a writ of certiorari or any other appropriate writ, order quashing the order bearing no. 2018, dated 26.03.2018 produced at Annexure-P passed by the respondent No.2 i.e., Executive Officer, Taluk Panchayat, Kundagol; b) Issue a writ of certiorari or any other appropriate writ, order quashing the order bearing No. /82018/431, dated 12.09.2019 produced at Annexure-S passed by the respondent No.2 i.e, Executive Officer, Taluk Panchayat Kundagol. c) Pass such any other orders as deemed fit by this Hon’ble court under the facts and circumstances of the case in the interest of justice and equity. - 3 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 2. The property bearing GP No.2A situated at Bhu.Tarlaghatta village, Tq: Kundgol, Dist: Dharwad, is stated to have belonged to the ancestors of the Petitioner and thereafter devolved upon the father of the Petitioner and his brother, who expired as a bachelor and it is on that basis, he claims that the property has devolved upon the Petitioner after the expiry of his father. The aforesaid property was an agriculture property measuring 2 acres 15 guntas situated in Sy.No.132/3, out of which, 5 guntas was converted for non-agriculture purposes way back on 15.05.1950. 3. Later, the said order came to be corrected on 26.10.1953 by correcting the extent as 5 guntas, 06 anas. On 01.09.1955, the property was subdivided as Sy.No.132/3A, measuring 2 acres, 9 guntas and 10 annas and Sy.No.132/3B measuring 5 guntas, 6 annas, thereafterSy.No.132/3B was - 4 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 categorized as Gramthana and came within the jurisdiction of the Grama Panchayath. 4. Form No.9 was issued on 20.03.2017. Subsequently, Form No.11-A also came to be issued. The Petitioner's father and his uncle had been making payment of taxes in respect thereto. Assessment extracts were also issued in relation thereto. 5. The Petitioner's son and the son of Respondent No.4 had submitted an application for establishing a rural retail outlet for dealership with the ‘Indian Oil Corporation’. The Petitioner's property, in terms of the application filed by the Petitioner's son, was selected by the Indian Oil Corporation by way of a lucky draw for being made a dealer. Son of Respondent No.4 challenged the said allotment by filing WP No.109435 of 2017. - 5 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 6. Apart there from, it is alleged that Respondent No.4, with an intention to cause harm and injury to the Petitioner, challenged the entry in Form No.9 of the Petitioner's property without making the Petitioner as a party. Respondent No.2, videits’ order dated 26.03.2019, without giving an opportunity to the Petitioner to respond, cancelled the entries made in Form No.9. 7. The Petitioner then filed a review petition before Respondent No.2. Respondent No.2 vide order dated 12.09.2019, dismissed the said review petition. It is challenging the same, the petitioner is before this Court. 8. Shri Suresh M. Gundi, the counsel for the petitioner, contends that the right title and interest in the property from the year 1950 being established and never having been questioned or challenged, it is only in the year 2018 that Form No.9 was cancelled without issuing a notice to the - 6 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 Petitioner. This aspect he submits goes to the root of the matter and there is a violation of the principles of natural justice by Respondent No.3. 9. Respondent No.2 in the revision when pointed out the aspect of non-service of notice has not taken the same into account, resulting in the impugned order. He therefore submits that this writ petition is required to be allowed and the reliefs’ sought for in the petition are required to be granted. 10. Sri Mallikarjunswami B.Hiremath, learned counsel for Respondent No.4 would support the orders passed by Respondent Nos .2 and 3 and contend that this Court ought not to intervene in the matter. 11. Heard Sri Suresh S. Gundi., learned counsel for the Petitioner, Sri M.M. Khannur, learned AGA for Respondent No.1, Sri Rajendraswamy C. Hosamath, learned counsel appearing for - 7 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 Respondent No.3 and Sri Mallikarjunswamy B. Hiremath., learned counsel appearing for Respondent No.4 and perused papers. 12. A perusal of Annexure-P being the order dated 26.06.2018, would indicate that the said proceedings had been filed by Shri. Veerayya- Respondent No.4, alleging that the entries made are contrary to the survey settlement records. A perusal of Annexure-P does not in any manner indicate any notice having been served on the Petitioner, more so when the Petitioner's name has been ordered to be deleted from Form No.9 vide the impugned order. 13. A further perusal would also indicate that the said order has been communicated only to respondent No.4-Veerayya and the official respondent. The said order has not been communicated to the petitioner. - 8 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 14. The petitioner having filed a revision, even in the revision, the aspect of the rights of the petitioner from the year 1950 as per the documents produced by the petitioner have not been adverted to. The claims of the petitioner ought to have been properly considered by referring to each and every document, which have been placed on record in order to evidence the rights of the predecessor of the petitioner. The same not having been done, I am of the considered opinion that both the orders at Annexures-P and S suffer from legal infirmity requiring this Court to intervene. 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 26.03.2018 passed by Respondent No.2 at Annexure-P is quashed. - 9 - NC: 2025:KHC-D:2404 WP No. 116434 of 2019 iii) A certiorari is issued. The Order dated 12.09.2019 passed by Respondent No.2 at Annexure-S is quashed. iv) The matter is remitted to Respondent No.2 to consider the matter afresh by referring to and adverting to each and every document produced by the petitioner and pass necessary orders thereon within a period of 60 days from the date of receipt of a certified copy of this order. v) Since the order is passed in the presence of both the counsels for the Petitioner and Respondent No.4, they shall appear before Respondent No.2 without requirement of any further notice at 2.30 p.m. on 17.02.2025. Sd/- (SURAJ GOVINDARAJ) AM/- List No.: 1 Sl No.: 125